WQ0013808_PC-2019-0042_20190520

ENVIRONMENTAL - WATER SUPPLY - WASTEWATER
CONNER CONSULTING, LLC
1284 WINDY RIDGE ROAD, CHAPEL HILL, NORTH CAROLINA 27517
PHONE: [phone]
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May 20, 2019
Mr. Lon Snider
NC DEQ, Division of Water Resources
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, North Carolina 27105-7407
Re: Assessment of Civil Penalties for Violations (Case No. PC-2019-0042)
Summerfield Renaissance Center Wastewater Disposal System
Summerfield, Guilford County
Permit # WQ0013808
Dear Mr. Snider:
On behalf of Kotis Properties, the following responses are to be considered a written request for
remission for Section II. Conclusions of Law: C, E, G, and H.
C. Kotis Properties, Inc. violated yearly maximum hydraulic loading rates on all application
fields.
The shopping center uses an average of 1,500 gallons of water per day that in turn must be
processed and disposed at the WWTP. One inch of rain over the area containing the Wet
Weather Storage pond, Recirculating Sand Filter and Constructed Wetlands is approximately
0.61 acres and captures 16,500 gallons of rain or approximately 11 days of normal operations.
Several months from September 2018 up until June 2019 have not allowed for proper disposal of
wastewater from the shopping center. In other words the rain has exceeded the daily permit limit
for several months(as recent as June 2019 — 9.52 inches of rain, over 5500 gallons of infiltration
per day on average whereas the permit limit is 3,600 gpd). The effects of the excess rainfall has
extended the excess loading of the fields and the effects of the excess rain will not go away for
several months.
Fortunately July 2019 has been hot and somewhat dry, the Wet Weather Pond is in compliance
and daily irrigation is under control and under the permitted limit of 3,600 gallons per day on
average.
If there is any doubt as to the amounts of rain/ infiltration at other local WWTPs, my backup
operator can detail how they had to turn away vendors in the last 12 months from bringing

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excess wastewater to one of the City of Greensboro WWTP. During my 19-year operating
career at Summerfield the last 12 months have been the wettest on record. We contend that the
excess rain, an act of God, was responsible for this system exceeding permitted limits.
E. Kotis Properties continued to operate the system during inclement weather.
The Perc-Rite system was originally equipped with rain sensors for each irrigation zone. In
2010, the controls were modified to a Wet Weather Storage Pond(WWS). The Perc-Rite system
was modified by American Manufacturing, Inc., Virginia to include a 4th Zone which is the
WWS. A single rain sensor controls the system whereas if rain triggers the sensor, water is
diverted to Zone 4. Therefore no water can be put out during inclement weather. Also, a new
rain sensor was installed last week as an added assurance that the system is working properly. A
concern was brought up last year after a 12" snow event. The rain sensor does not work in
freezing temperatures because the cork discs inside the sensor are not triggered by freezing
precipitation. Our system continued to work with snow on the ground (approximately takes 10"
of snow to make 1 inch of rain) whereas the drip lines were under the snow covered by
vegetative debris. The concern for runoff would be during warmer temperatures as the snow
melts. If a scenario exists where snow is on the ground for 2 to 3 weeks with daytime
temperatures not getting above freezing; the Perc-Rite system would fail on "low flow" and no
water would be put out. That is a common occurrence in the coldest part of winter. My dosing
strategy in the winter has always been once a day during the warmest part of the day if the
system can perform. System failure would send water to the WWS and this strategy worked up
to this past winter. We contend that the system was operating properly with the exception that
the computer programming was not functioning completely. The system was dosing when it
could but has not been recording daily dosing amounts to each of the 4 Zones. Dosing totals
were estimated based on dosing setup times. It is possible that less water went to irrigation but
ended up in the WWS pond.
G. Kotis Properties allowed a diversion of partially treated water from the R S F (Recirculating
Sand Filter) to the WWS pond.
The problem: the approved engineered design required a filter fabric to be placed above the
under drain system and below the filter media. This fabric had become impermeable due to the
vertical migration of fine sand, silt -sized particles over the years. This impermeable layer caused
partially treated wastewater to fill up the RSF until it breached the liner where water was moving
laterally towards the WWS pond.
Our first attempt was to chemically treat the filter media with a "shock" of chlorine. This did not
make a notable difference in the rate of water bypassing the RSF.
A second attempt was to put several larger holes in the filter fabric to increase vertical movement
of water. This work was only about 75% successful in stopping the lateral movement of water
through the sand filter.
A third attempt was to add more larger holes in the filter fabric and install a dose timer on the
RSF tank to spread the dosing out to several small doses (currently set at every 30 minutes). We
have been checking the RSF frequently to fine tune the dose timer to maintain a good working

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level in the RSF tank. We have identified one area where the dose piping comes out of the
ground as a low area in the liner. That low area remains wet but water is currently not being
bypassed to the WWS pond. Plans are being made to dig the low area up, install an impermeable
liner while raising the elevation of the liner to the height of the rest of the RSF.
H. Kotis Properties failed to include weather codes on reports for each irrigation day.
As the operator for nearly 20 years, I have submitted weather codes for each visit I was there
whether we put water out or not. Several inspectors have been to this site and have not had a
problem with the data recorded thoughout the years. As discussed with the current inspector I
agreed to add weather codes for each irrigation day and that practice started in March of 2019.
We both agreed that this system I operate is capable of putting out several doses per day and that
that is a good way to minimize potential runoff. The weather changes all the time each and
every day. Also, we are in agreement that in order to follow the permit each event should be
recorded and should include the date, time started, length of time irrigated and weather at the
start of each irrigation event. However, reporting to that accuracy cannot be achieved with a
single required weekly visit. Therefore, we agreed that a singular weather code and temperature
would be acceptable for each irrigation day to represent the multiple irrigation events. We
contend that the reporting has been in compliance since March 2019.
We welcome a site visit at any time. Please feel free to come by or call me if you would prefer
me to assist in a visit or just give you the combination code for the gate. All tips or tricks to
convince squirrels not to chew on drips lines is always welcome. Please call with questions and
comments.
Sincerely yours,
Chad Leinbach, ORC
Cc: Dan Witcher, Kotis Properties
Bradley Flynt — Backup Operator

STATE OF NORTH CAROLINA NORTH CAROL NA )DE)PAR13WNT OF
ENVFRON-NUNTAL QUALM
COUNT' OF GUILFORD
IN THE MATTER OF A13SESSMENT WAY R OF RIGHT TO AN
OF CIVIL, PENALTIES ACWNST ADWUNISTRATIVE HEARING AND
STWULATi ION OF FACTS
P.F•.RMIT NO- 1 QM 13M ) FTL.E N10_-2019-004
Having been used civil penalties RYMling for violaion(s) as set Forih in tht
a_RwL rrient doewnent of the Division of Wwzr kcsvun:. dates Jraly 24,200, the Umdrrsi}pccl, de-�irirg
to seeic remission of the 6MI penalty, does herOy waive the right to an adrniniarm-Eve. hearing in the
above -stated matter and des 5lipulate [bat d e facts are as alkSed in thr, uscsSment document_ T[w
arvkrsigned further rmdcr�tands that all evidence pr nt-ed in support of remission of this civil penalty
roust be �ubrniubd to the Di or of the Division of Water Rcsources within thirty (30) days of r=IM of
the rratiC ofassessrnent. No new evidu" in support of a remission request will be allowcd. aftrr ftily
(30) days from the receipt of the not.im of amcvxn mt-
This the day of_�
�ig�aturc
ADDRESS
TF.EMUNE 2 - Z

TUSTTFTCATION FOR REMISSION LF:S-r
Case Tti umber < PC-2019 42 Caunt . Guilford
A��c4i.wd Party: lobs Properties, Jwr- T
Permit No- W 1.3W nzouiat assessed-
Please use this f w1hen MgUeAln- rernR�slon of -this civil per alty. You must also complete the `' ucps
For form to requr'st
rrmlwun of this c:ivi L per ty_ You should attach arty &cumanu #fiat yi)a believe support your rcgw5a
and are necessary for the I)Lrector to consider -M Jcp=in ing your request for remission. Plcasc be awe
t :a request for remission is ]ignited to PuTwdemlion of -Lhe five factors listed below a5 they may relate
to the r aiablcnm-; o f 1hL- amount of the civil per alry assessed. Roque5ting re3, -35sion is not the proper
procedure for omtestmg whether the vioLation(s) occurred or the ac.curac.� of any of -the facial scents
Wntained in the CIvil penatty 3S9e=-Cnt document. By lava I.NC S 133-2151A(f)) remission. of a c-TVII
pe,ftalq may be gmnted when one oar more of the fcilowaug eve factors applies Please cbeck each facer
that you befieve appli-s to yvmr cage and i*6 a detailed explamition_ lacluding copies of svpFoT-6n
as iv why the fa[:'ior applies (ag=h additional pages as rwcded)-
_ (a) orme or more of the civil rcnalty assessment factors in NCGS 14a5-28were -
µlongfyj la applird W. qm &-tFinwnt of the petitioner (dw as es. e-nr faverr are �ciuded
in ihearrarhwd petty mm4r+F r fisted in the civil penraty as'sesxmem d6cumarzt);
(b) the violator m ] abat-ed tin-ujnewj enAl d-Arrma a resulting frorn the v
(i_e., &Xpjain tic SjerS that you tOOk to COrraCt &0' ViOlWi&H 42nd P"Wnf fifftirE
occurre 5):
(c) the violation was inad+rempt or :a result of an accidt ant (r_e., gin why the violafipn -was
wvayoida&e or som eth;ng you row nor pr�-w-TI flr'rA' 'PaFE. fO0
the wija[or had natbeen used civil ocn a1ti views violatio"S'
_ (e) paym-e g of the s -Nit 70VCnl p�!Ment f0t the lMau' A4p. Z1 }_ ren7edi3l
act (r. e,, =p1ain hawpaynTent of the eikri per alty wdlprewnf youftom p67formiV the
Wtiviai nece-v3wy to dwhreve nvIdance)_
EXPLANAT ON: