WQ0035784_NOV-2021-PC-0272 Response_20210520

CJ%
Parker Poe
Fern A. Paterson
Partner
t: 704.335.9891
f: 704.335.4456
[e-mail]
May 20, 2021
Via E-mail [[e-mail]]
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
NCDEQ — WSRO
450 W. Hanes Mill Rd., Suite 300
Winston-Salem, North Carolina 27105
Atlanta, GA
Charleston, SC
Charlotte, NC
Columbia, SC
Greenville, SC
Raleigh, NC
Spartanburg, SC
Washington, DC
Re: Response to Notice of Violation & Intent to Enforce (NOV-2021-PC-0272)
Wallace Loft, LLC; The Cottages of Boone - Wastewater Irrigation System
Permit No. WQ0035784; Watauga County
Dear Lon:
This response to the above -referenced Notice of Violation ("NOV") is being submitted on
behalf of our client, Wallace Loft, LLC ("Wallace Loft"), which owns and operates The Cottages
of Boone ("The Cottages"). The Cottages holds a NCDEQ Permit No. WQ0035784 to operate a
non -discharge wastewater treatment and irrigation facility (the "WWTP"). As previously reported
to NCDEQ, the equalization tank (the "EQ Tank") at the WWTP began overflowing late
Wednesday, April 21. The overflow event ended at approximately 8:00 a.m. on Friday, April 23.
In this letter, we provide additional information regarding preventative maintenance and other
activities at the WWTP leading up to the overflow event, actions taken immediately prior and
during the event to minimize and stop the discharge, and additional activities already taken and
planned to prevent such discharges in the future. We respectfully request NCDEQ's
consideration of the activities described herein.
Preventative Maintenance and Other Activities at the WWTP Prior to the Discharge
The WWTP includes a Dynatec Membrane Biological Reactor treatment system
comprised of two parallel membrane trains: Membrane A and Membrane B. The Cottages
provides student housing for Appalachian State University. During the Coronavirus pandemic
and associated stay-at-home and work -at-home orders, The Cottages have experienced an
approximate doubling of water usage and wastewater inflow rates.' Prior to the onset of the
1 Governor Roy Cooper's initial Stay -at -Home Order took effect on March 30, 2020. Before the stay-at-
home order took effect, the average daily water usage at The Cottages was approximately 35,000
PPAB 6315902v2.docx
Parker Poe Adams & Bernstein LLP 620 South Tryon Street Suite 800 Charlotte, NC 28202
t 704.372.9000 f 704.334.4706 www.parkerpoe.com

May 20, 2021
Page 2
Coronavirus and increased water usage at The Cottages, the membranes were cleaned about
every two weeks. With the approximate doubling of water usage during the pandemic, The
Cottages also doubled the frequency of membrane cleaning operations. The Cottages have been
cleaning the reactor membranes at the WWTP approximately every week since the beginning of
the 2020-2021 school year in Fall 2020.
Further, during lower flow periods prior to the onset of the pandemic, The Cottages could
clean one membrane train while utilizing the other membrane train to keep up with wastewater
influent until cleaning operations were complete; a process that generally takes approximately 12
hours per membrane train. Despite scheduling periodic cleaning operations during the lowest
anticipated flow periods (typically beginning at around 3:00 a.m.), one membrane train has not
consistently been able to keep up with wastewater inflow during cleaning operations since the
pandemic began. As a result, The Cottages engage pump trucks to collect untreated wastewater
from the EQ Tank as necessary during periodic membrane cleaning operations and transport it
to the Town of Boone's publicly -owned treatment works ("POTW").
Actions Taken to Minimize and Remedy the Event
On Monday, April 19, 2021, The Cottages conducted planned cleaning of the WWTP
membranes which, as indicated above, has been occurring on an approximately weekly basis
since Fall 2020. As usual, The Cottages engaged pump trucks to remain on -site throughout the
maintenance operations and to collect and haul influent to Boone WWTP as needed to avoid
overflow of the EQ Tank. After the cleaning operations were completed, both membrane trains
were brought back on-line, consistent with normal procedures. However, by Tuesday, April 20,
2021, trans -membrane pressures increased to greater than 2.0 psi, indicating that the membranes
were clogging and needed to be re -cleaned.
This was highly unusual, as the membrane cleaning events typically keep the membranes
in good working order for at least a week, even during the higher -flow pandemic months. To date,
The Cottages has not determined why the membrane began clogging the day following the April
19 cleaning event. It could have resulted from problems with the April 19 cleaning operation, an
unknown slug of unusual wastewater subsequent to cleaning, or another root cause or causes.
Since the April 19 cleaning, subsequent cleaning operations have reduced trans -membrane
pressures to below the target pressure of 2.0 psi as expected, and the membranes have worked
properly for a week or more between planned cleaning events.
The Operator promptly reached out to multiple pump truck haulers on Tuesday, April 20
requesting trucks at the WWTP so that additional cleaning and maintenance could be conducted.
However, no haulers were available until Friday, April 23, 2021 at the earliest. By Wednesday
evening, clogging in the membranes worsened and the WWTP could no longer keep up with the
influent flowrate at the EQ Tank.
The Operator attempted to engage pump trucks again on Thursday morning but, again,
found that no pump trucks could get to the site until Friday morning. The Cottages had to initiate
cleaning the membranes on Thursday morning, despite the unavailability of pump trucks. Prior
to initiating the cleaning operations, RPB Systems, Inc. contacted Patrick Mitchell of NCDEQ to
provide notification of the discharge on behalf of The Cottages, and notification that cleaning
gallons/day (GPD). By comparison, in Spring 2021, average water usage at The Cottages approximately
doubled and now averages 75,000 GPD or more.
PPAB 6315902v2.docx

May 20, 2021
Page 3
operations would be initiated immediately, during which time only a single membrane train would
be available and operating.
By Thursday evening, Membrane A was cleaned and operational, but The Cottages was
not able to bring Membrane B back on-line due to ongoing maintenance issues. The primary
issue was the malfunction of a 12-inch motor actuated valve located 16 feet off the ground, which
became stuck in the closed position. Additional maintenance personnel were brought in from
Asheville on Friday morning to assist in repairing the motor actuated valve. The discharge ended
on Friday morning at approximately 8:00 am when pump trucks arrived at the site. Maintenance
on the WWTP continued throughout most of Friday, April 23, and both Membrane A and
Membrane B were brought back on-line.
Actions Taken, and Additional Future Actions Proposed, to Prevent a Future Release
Multiple regularly -scheduled weekly membrane cleaning operations have taken place
since the reported discharge without further incident. In addition to returning to regularly
scheduled weekly membrane cleaning operations (and scheduling pump and haul trucks to be
on -site during planned maintenance), The Cottages replaced an existing compressor air dryer at
the WWTP and has replaced (or is replacing) spare parts that were used during the repairs to
keep a redundant set of spare parts on -site. Replacement parts ordered since the event include:
(1) an air dryer unit ($1,600); (2) the 12-inch motor actuated valve; and (3) ten (10) solenoids.
Further, The Cottages has engaged a consultant to evaluate options for reducing water
usage at the facility including, without limitation, the use of water -saving toilets, faucets and other
fixtures. The consultant's initial, desktop review of the existing water systems suggests that water
reductions of 40% or greater may be available. The consultant is scheduled to conduct an on -site
evaluation and review at The Cottages next week to more fully evaluate available options.
Following the repairs discussed herein, on -going membrane cleaning operations at The
Cottages have continued without incident since the April 2021 event. The Cottages further believe
that the easing of the Coronavirus pandemic and associated stay-at-home orders, and water
usage reduction measures identified by the consultant, will reduce the operating demand on the
WWTP. We look forward to working with NCDEQ to resolve the NOV and ensuring full
compliance at the WWTP moving forward. If you have any questions regarding this letter or if
you need additional information, please do not hesitate to contact me at
[e-mail] or [phone].
Sincerely,
7:17
_
Fern A. Paterson
cc: Patrick Mitchell, NCDEQ ([e-mail])
Sean Devine(sean.devine(a�cardinalgroup.com)
Justin Pellegrino([e-mail])
Rose Hernandez ([e-mail])
Christopher Galante ([e-mail])
Bob Barr ([e-mail])
PPAB 6315902v2.docx