NC0080098_NOV and Intent to Assess_20190813

DocuSign Envelope ID: 5D127F65-lCC6-4934-844E-AOA252731FFF
ROY COOPER
tla'crnor
K41CHAEL S. PECAN
Serrerrrry
LINDA CULPEPPER
D+rfftor
Certified Mail # 7019 0700 0000 8867 5848
Return Receipt Reauested
Will Rucker, LFMC POA President
Linville Falls Club Property Association Inc
PO Box 145
Linville Fls, NC 28647
NORTH CARODNA
Environmental Qual"
August 13, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0596
Permit No. NCO080098
Linville Falls Mountain Club and Preserve
McDowell County
Dear Permittee:
A review of the May 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location
Parameter
Date
Value
Value
Type of Violation
001 Effluent
BOD, 5-Day (20 Deg. C) -
5/16/2019
7.5
12.2
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5-Day (20 Deg. C) -
5/23/2019
7.5
11.2
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5-Day (20 Deg. C) -
5/31/2019
5
7.46
Monthly Average Exceeded
Concentration (C0310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
N"NCarokisDepartment ofEnvironmental Quality I OivisionofWater Resourres
Ashevil ie Regional Office 1 2090 U.S_ 70 if� imay I Sw nanoa, North Carolaa 23773
Q
32S 29C-0500

DocuSign Envelope ID: 5D127F65-1CC6-4934-844E-AOA252731FFF
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Sincerely,
DocuSigned by:
EN.
775374DO
ForG. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec:
WQS-ARO Server
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G:\WR\WQ\Mcdowell\Wastewater\Minors\Linville Falls Mountain Club And Preserve 80098\Violations\20190813 NCO080098 NOVN012019LV.Docx
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Ash�we kagnna.Off:ce 1 2090 V.S. 70Hthway I Sw nsnoe, North Cawing 23773
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