WQ0035784_NOV-2021-PC-0187 NOI_20210315

DocuSign Envelope ID: 838E9DFB-FA1A-426B-A2A7-A0496A09B9F4
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 15, 2021
CERTIFIED MAIL 7018 1130 0000 1608 2125
RETURN RECEIPT REQUESTED
Mr. Sean Devine
Wallace Loft, LLC
2711 Centerville Road, Suite 400
Wilmington, Delaware 19808
Subject: Notice of Violation and Intent to Enforce (NOV-2021-PC-0187)
The Cottages of Boone — Wastewater Irrigation System
Permit No. WQ0035784
Watauga County
Dear Mr. Devine:
On the morning of January 11, 2021, the Winston-Salem Regional Office of the North Carolina Division
of Water Resources (DWR) received notification of a wastewater bypass at the subject facility. Wastewater
effluent was reported to be overflowing from the wet weather storage tank serving the wastewater irrigation
system and subsequently discharging into an unnamed tributary to Laurel Fork. According to the 5-Day
Incident Report (Incident Report No. 202100902), received on March 1, 2021, the incident started on
January 10, 2021 and continuously overflowed daily until February 22, 2021. The report indicated that the
total estimated volume of the bypass that occurred during the 44 day long incident was 2,343,056 gallons.
The report provided no estimate on the volume reaching surface waters (i.e., report indicated "unknown").
With no secondary containment being present at the site and no method of removal utilized, it is believed
that the majority of the bypass volume did discharge into surface waters.
The events described above constitute violations of the permit conditions listed below and warrant
your immediate attention and action.
1 Permit Condition III. 12.: Freeboard in the 1,562,000 gallon wet weather storage tank and in the
548,000 gallon upset storage tank shall not be less than two feet at any time. The freeboard levels
leading up to this event and during the event constitutes an extended period of violation of this
permit condition.
2. Permit Condition III. 11.; Diversion or bypassing is prohibited. The daily overflows which occurred
during the incident described above constitute violations of this permit condition.
3. Permit Condition II. 1.; The facilities shall be effectively maintained and operated at all times so
there is no discharge of any wastewater to surface waters. The discharges to surface waters which
occurred as result of the daily ongoing bypass events represents violations of this permit condition.
These illegal discharges to surface waters also represents violations of North Carolina General
Statute 143-215.1 which prohibits any discharges of wastes into surface waters without a valid
permit.
North Carolina Department of Environmental Quality Division of Water Resources
Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston-Salem, North Carolina 27105
336.776.9800

DocuSign Envelope ID: 838E9DFB-FA1A-426B-A2A7-A0496A09B9F4
This office requests that you provide a written response within ten (10) calendar days following
receipt of this Notice. Your response should be sent to my attention at the address on the cover letter and
must outline the following:
• any actions that were taken to prevent these violations from occurring,
• any actions that were taken to remedy these violations, and
• any future actions that are proposed to prevent future violations from occurring.
The Division is considering the pursuit of punitive sanctions for these violations. 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. If you wish to provide additional information regarding the noted
violations, please include this in the written response. A review of this information will be conducted, and
you will then be notified of any civil penalties that may be assessed regarding the subject violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be prepared.
Your immediate attention is greatly appreciated. If you have any questions regarding this Notice, please
contact Patrick Mitchell or me at the letterhead address or phone number, or by email at
[e-mail] or [e-mail].
Sincerely,
LLDocuSigned by:
L—loti T. <J,..10.U'
14 49 225C94EA.
Lon Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: Brittany Winter, Portfolio Manager (Electronic: [e-mail])
Rose Hernandez (Electronic: [e-mail])
David Smith (Electronic: [e-mail])
Melissa Vega -Matta (Electronic: [e-mail])
Justin Pellegrino (Electronic: [e-mail])
Wayne Farquharson (Electronic: [e-mail])
Robert Barr, Backup ORC (Electronic: [e-mail]
Dale Holman, Primary ORC (Electronic: [e-mail])
Watauga County Environmental Health (Electronic)
DWR Water Quality Laserfiche Permit File WQ0035784
WSRO Electronic Files
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