NC0037737_LR-2017-0014_20171020

v -
PAT MCCRORY
Governot
DONALD R. VAN DER VAART
Sec/ etc„ o
S JAY ZIMMERMAN
Water Resources nn ec/n,
ENVIRONMENTAL QUALITY
October 20, 2017
Certified Mail Item 7015 0640 0007 9833 5806 - Return Receipt Requested
Ms. Kate Parkerson
Roumelco Properties, LLC dba Nantahala Village
9400 U.S. Hwy 19 W
Bryson City, NC 28713
Subject: NOTICE OF VIOLATION (NOV) /
ASSESSMENT OF CIVIL PENALTIES
Case LR -2017-0014
NPDES Permit NCO037737
Nantahala Village WWTP
Swain County
Dear Ms. Parkerson:
The Division hereby issues this Notice of Violation (NOV) and Assessment of Civil Penalties for
failure to submit monthly Discharge Monitoring Reports (DMRs). Penalties amount to $500.00
plus enforcement costs of $33.39, totaling $533.39.
Per 15A NCAC 2B.506 (a), and as specified in your permit (Part Il, Condition D (2)), DMRs are due
no later than the last day of the month following the month of reporting.
As of this date, two DMRs from 2017 have not been submitted to the Division. Penalties assessed
are:
DMR
Due Date
Received Date
Days Late
Penalty Assessed
March 2017
30 Apnl 2017
Not Received
173
$250
April 2017
31 May 2017
Not Received
142
$250
Based upon your failure to respond to our previous notification [copy attached], I conclude as a
matter of law that your firm violated or failed to act in accordance with the requirements of
NPDES Permit NCO037737 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per
violation may be assessed against a person who fails to file, submit, or make available any
documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this
matter may be assessedpursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8).
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone [phone] \Internet https //deq ne gov/about/divisions/water-resources/water-resoiuces-permris/wastewater-bcanch/npdes-wastewater-permits
An Equal opportunity 1 Affirmative Action Employer — Printed on recycled paper

LR -2017-0014
-NPDES Permit NCO037737
ASSESSMENT FACTORS
In determining the dollar amount of the penalty assessed in this case [pursuant to N.C.G.S. 143-
215.6A (c)], Division staff take into account the Findings of Fact and Conclusions of Law and the
factors set forth at G.S. 143B -282.1(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 [N/A];
(2) The duration and gravity of the violation [>7 months];
(3) The effect on ground or surface water quantity or quality or on air quality_jN/A];
(4) The cost of rectifying the damage [N/A];
(5) The amount of money saved by noncompliance [none];
(6) Whether the violation was committed willfully or intentionally jboth willful and
intentional];
(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 [$33.39].
The enclosed Assessment Responses Document lists the options available to you in response to this
penalty. Failure to exercise one of the options within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney Generals Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for the listed violations if the DMRs
are -not submitted.
If you have questions, please email the Expedited Permitting and Compliance Unit, attention
Charles H. Weaver [[e-mail]], or call his direct line [phone].
Respectfully,
c6wz l" §-
S. Jay Zimmerman, P.G., Director
cc: Central Files
NPDES Program Files
Asheville Regional Office / Landon Davidson
Page 2 of 2

NC DEQ - DWR, - NPDES
Assessment Response Document
ASSESSMENT RESPONSES
Within thirty days of receipt of this notice, you must do one of the following:
NOTE: Include the case number on any correspondence [payment, remission
request or OAH petition] you submit in response to the penalty assessment.
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). Submit payment to the
attention of:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
2. If you affirm that the violation occurred but want a reduction of the
_penalty amount, submit a written request for remission [or mitigation.
Include a detailed justification for your request.
Any request forpenalty remission for mitigation] is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the [dollar] amount of the
penalty. Requesting remission is not the proper response if you wish to contest whether
the violation(s) occurred or the accuracy of any of the factual statements contained in the
civil penalty assessment.
Any 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. Prepare a
detailed statement that establishes why you believe the civil penalty should be remitted,
and submit it to the Division at the address listed above. All remission requests are
evaluated based upon the following factors:
(1) whether one or more of the civil penalty assessment factors in G.S. 14313-282.1(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
Page 1 of 2 version 10/2020

NC DEQ - DWR, - NPDES
Assessment Response Document
(5) whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
All evidence presented in support of your request for remission must be
submitted in writing. The Director will review your evidence and inform you of his
decision in the matter of your remission request. The response willprovide 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). The Committee cannot consider information that was not part
of your original remission request submitted to 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 "Waiver of
Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days
of receipt of this notice. The Division also requests that you complete and submit the
enclosed "Justification for Remission Request" form. Both forms should be submitted
address listed in item 1.
OR
3. If you wish to contest any statement in the assessment document, you must file
a petition for an Administrative Hearing with the Office of Administrative
Hearings (OAH):
You may obtain the petition form from OAH. You must file the petition with OAH within
thirty (30) days of receipt of this notice. A petition is considered filed when it is received
at OAH during normal office hours. OAH accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and
one (1) copy of the petition must be filed with OAH. The mailing address for OAH is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]
and
Mail or hand -deliver a copy of the petition to
Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Page 2 of 2 version 10/2020

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number:'% 646#
Assessed Party:
Permit No. (if applicable):
County: 5hM;,I
Amount Assessed:��3
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of R ht to an Administrative Hearing. and Stipulation o
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. § 14313-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. 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 (Le., explain why the
violation was unavoidable 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
COUNTY OF Swain
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Roumelco Properties, LLC dba
Nantahala Village
NPDES PERMIT NCO037737
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADNIINISTRATIVE HEARING
AND STIPULATION OF FACTS
CASE NUNMBER LR -2017-0014
Having been assessed civil penalties totaling $533.39 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated October 20, 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 understands that all
evidence presented in support of remission of this civil penalty must be submitted to the
Director of the Division within thirty_ (30) days of receipt of the notice of assessment. No
new evidence in support of a remission request will be allowed after thirty (30) days from
the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2017.

Weaver, Charles
From: Weaver, Charles
Sent: Friday, July 14, 2017 2:00 PM
To:'[e-mail]'
Cc: 'chase@ na ntaha la river.com'; '[e-mail]'
Subject: missing DMRs for permit NCO037737
Importance: High
Follow Up Flag: Follow up
Flag Status: Flagged
The Division has not received two Discharge Monitoring Reports (DMRs) for the subject facility. The missing DMRs are:
March 2017 - should have been submitted no later than 4/30/2017.
April 2017 - should have been submitted no later than 5131/2017.
Please submit the DMRs as soon as possible. If the DMRs are not received by July 31'`, the Division may levy civil
penalties for these violations.
You may submit a scanned version of the completed and signed DMRs tome at this email address.
Thanks for your attention to this matter.
Charles H. Weaver
Environmental Specialist
N.C. Division of Water Resources
N.C. Department of Environmental Quality
919-807-6391
charles weaver(a)-ncdenr gov
(mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties
I

Weaver, Charles
From:
Microsoft Outlook
To:
[e-mail]
Sent:
Friday, July 14, 2017 2.00 PM
Subject:
Relayed. missing DMRs for permit NCO037737
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destination server:
[e-mail] (ceaderwynn(c-byahoo.com)
Subject: JJmissing DMRs for permit NCO037737
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missing DWIRs for
permit NCO037...
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Weaver, Charles
From: Microsoft Outlook
To: [e-mail]
Sent: Friday, July 14, 2017 2:00 PM
Subject: Relayed. missing DMRs for permit NC0037737
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
[e-mail] (kate.parkerson(&nantahalavillage.com)
Subject: missing DMRs for permit NC0037737
rkiss3ng DMRs for
;permit NCO037...
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