NC0080098_PC-2017-0036_20170925

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File Copy
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Linville Falls Club Property Association Inc
Facility Name: Linville Falls Mountain Club and Preserve CMARAL FILES
Permit Number: NCO080098
County: McDowell
Case Number: PC -2017-0036
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Unknown.
2) The duration and gravity of the violation;
It appears the sampler has not been set up for flow proportional sampling or drawing correct aliquot volumes since at
least January of 2015 when Linda Wiggs conducted an inspection.
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown. RECEIVEDINCDEWWR
4) The cost of rectifying the damage; SEP 2 5 2017
Unknown.
Water Quality
Permitting Section
5) The amount of money saved by noncompliance;
The cost of repairing or replacing the sampler.
6) Whether the violation was committed willfully or intentionally;
The permittee should have been aware of this violation since the previous inspection on Jan 21, 2015.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
A notice of violation was issued for this same problem in January of 2015. In the past year, the permittee has received 5
other enforcements and 4 other NOV's which have not yet gone to enforcement.
8) The cost to the State of the enforcement procedures.
$116.93
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

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Wgter R�4ourc
Certified Mail # 7004 0750 0000 2589 9811
Return Receipt Requested
September 07, 2017
Dr Andrew Price
Linville Falls Club Property Association Inc
34 Blue Ridge Dr North
Marion, NC 28647
SUBJECT Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G S.) 143-215 1(a)(6)
and NPDES WW Permit No NCO080098
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve
Case No. PC -2017-0036
McDowell County
Dear Permittee
Ploy COOPER
aomw
MICHAEL S. REGAN
S+ JAY ZIl4iM MMA
Dkwfai
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $616 93 ($500.00 civil penalty +
$116.93 enforcement costs) against Linville Falls Club Property Association Inc
This assessment is based upon the following facts an inspection of the Linville Falls Mountain Club and Preserve was
conducted on July 7, 2017. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in NPDES WW Permit No NC0080098. This inspection has shown the subject facility
to be in violation of the conditions and limitations found in NPDES WW Permit No NCO080098 The violations found
during the inspection are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Linville Falls Club Property Association Inc violated the
terms, conditions or requirements of NPDES WW Permit No NCO080098 and G S 143-215 l (a)(6) in the manner and
extent shown in Attachment A In accordance with the maximums established by G.S 143-215 6A(a)(2), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a permit required by G S
143-215.1(a)
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G Landon Davidson,
P.G , Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Linville
Falls Club Property Association Inc
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

$500.00 For 1 of the 1 violations of the conditions and limitations specified in Permit No. NC0080098
$500.00 TOTAL C1VIEL PENALTY
$11693 Enforcement Costs
616.93 TOTAL AMOUNT DUE
Pursuant to G S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation,
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
Within thirty (30) days of receipt of this notice, you must do one of the following -
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrativz hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form) Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

..
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered -
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282 1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations, or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. - You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m and 5.00 p in., except for official state
holidays. The petition may be filed by facsimile (-ax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7;, business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbe_ s for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel. [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows.
Mr William F Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on pag-, one of this letter) on the petition
Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, as evidenced by an internal
date/tune received stamp (not a postmark), will resuL in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Daniel Boss with the Division of Water Resources staff of the Asheville Regional
Office at [phone] or via email at daniel [e-mail].
Sincerely,
G. Landon Davidson, P.G , Regional Supervis
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc. WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G \WR\WQ\McDowell\Wastewater\MmorsEinvrlle Falls Mountam Club and P_eserve 80098\PC-2017-0036 rtf

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: PC -2017-0036 County: McDowell
Assessed Party: Linville Falls Club Property Association Inc
Permit No.: NC0080098 Amount Assessed: $616.93
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S § 143B -282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282 1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i e, explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i e, explain why the violation was unavoidahle or
something you could not prevent or prepare for),
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i e, explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL, PENALTIES AGAINST
Linville Falls Club Property Association Inc
Linville Falls Mountain Club and Preserve
PERMIT NO. NCO080098
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. PC -2017-0036
Having been assessed civil penalties totaling $616.93 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 07, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further unde-stands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment
This the
day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Linville Falls Club Property Association Inc
CASE NUMBER: PC -2017-0036
PERMIT NO: NCO080098
FACILITY: Linville Falls Mountain Club and Preserve
REGION: Asheville
COUNTY: McDowell
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT
7/7/2017 Effluent Sampling Permit conditions violation Composite sampler is not set up for $50000
flow proportional sampling Also, the
sampler is not capable of drawing correct
aliquot volumes Attempt at 100ml draw
resulted in an aliquot of about 2-3 liters