WQ0035784_NOV-2021-PC-0427_20210826

DocuSign Envelope ID: A6F3EA8D-8DAD-41 EC-95BD-6C1587411 D5C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
August 26, 2021
CERTIFIED MAIL 7018 1130 0000 1612 5303
RETURN RECEIPT REQUESTED
Mr. Sean Devine
Wallace Loft, LLC — The Cottages of Boone
4100 E. Mississippi Ave., Floor 15
Denver, CO 80246
Subject: Notice of Violation (NOV-2021-PC-0427)
The Cottages of Boone — Wastewater Irrigation System
Permit No. WQ0035784
Watauga County
Dear Mr. Devine:
On the morning of August 19, 2021, the Winston-Salem Regional Office of the North Carolina Division of
Water Resources (Division) received notification of a bypass of the treatment system serving the subject
facility. It was reported that untreated wastes had overflowed from the influent equalization tank (EQ tank)
serving the subject wastewater irrigation system. According to the 5-Day Incident Report, the incident
started and ended on August 19, 2021.
The 5-Day incident report indicated that the total estimated volume of the bypass that occurred during the
event was 670 gallons. The report indicated that overflow did not reach surface waters. Representatives
indicated during the initial report that the overflow entered the nearby stormwater drain which discharges
directly to surface waters, but they did not observe any discharging into surface waters. The lack of
secondary containment at the site and the close proximity of the EQ tank to the nearby stormwater inlet that
discharges directly into surface waters suggests that the majority if not the entire bypass volume may have
discharged 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. 11.; Diversion or bypassing is prohibited. The overflows which occurred
during the incident described above constitute violations of this permit condition. It should be noted
that this is the fourth bypass event from the influent EQ tank that has been reported to the Division
where the EQ tank overflowed within the last 12 months.
There have been discussions the lifespan of membranes serving the membrane bioreactor [MBR
Units] (i.e., cleaning of the MBR units is reportedly what caused the subject bypass event).
As a reminder, Permit Condition III.1. requires that the system shall be properly maintained at all
times. Failure to replace failing membranes on the MBR units in a timely manner may have
contributed to the subject event. This failure would also represent a violation of Permit
Condition III.1.
_1121,..„E\93
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336.776.9800

DocuSign Envelope ID: A6F3EA8D-8DAD-41 EC-95BD-6C1587411 D5C
2. 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. If the overflow discharged to surface
waters as result of the bypass event, then violations of this permit condition also occurred. The
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.
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
at minimum must outline the following:
• Any actions that were taken to prevent these violations from occurring,
• Any actions that were taken to remedy these violations from occurring,
• Any proposed future actions that are intended to prevent these violations from reoccurring.
If you wish to provide additional information regarding the noted violations, please include this in the
written response. Please be reminded that failure to properly address violations or reoccurrence may result
in enforcement actions.
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
patrick.mitchell(ancdenr.gov or lon.snider(a ncdenr.gov.
Sincerely,
EDocuSignedigby:
—On. t..JA.IJCr
Lon T. Snider,
eegional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: 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])
Don Feller, Envirolink (Electronic: [e-mail])
Watauga County Environmental Health (Electronic)
DWR Water Quality Laserfiche Permit File WQ0035784, WSRO Electronic Files
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