HomeMy WebLinkAboutNC0089991_Return_20210827DocuSign Envelope ID: 49AD6B5F-5B36-44E6-8ABF-3C7A05A858CD
ROY COOPER
Governor
ELIZABETH S. BISER
seer rary
5, DANIEL SMITH
NORTH CAROLCNA
ErivIrahmerilai Quatity
8/27/2021
CERTIFIED MAIL ITEM - 7018 1830 0001 8037 2131— RETURN RECIPT REQUESTED
Sean Dwyer
The Cottages of Boone
Wallace Loft, LLC
2711 Centerville Road, Suite 400
Wilmington, Delaware 19808
Delivered via email and certified mail
Subject: Return of Application
NPDES Permit Application - NC0089991
The Cottages of Boone WWTP
Watauga County
Dear Mr. Dwyer:
On July 14, 2021 the Division of Water Resources (DWR) received your permit application for a NPDES
discharge permit for the Cottages of Boone facility at 615 Fallview Lane, Boone, NC. This facility is
currently permitted as a wastewater irrigation system (Permit No. WQ0035784) administered by the
DWR's Non -Discharge Branch.
In a December 14, 2020 meeting and the January 19, 2021 letter returning your previous NPDES
application, DWR directed your staff and consultants to work with staff in the Winston-Salem Regional
Office and staff in the Non -Discharge Branch to look at issues specifically related to the operation of your
non -discharge system. Your consultants provided some information to our Non -Discharge Branch
through email on January 20, 2021. The Non -Discharge supervisor, Nathaniel Thornburg, responded on
January 28, 2021 outlining non -discharge options for your Engineering Alternative Analysis. These
options included: reducing the amount of generated flow; increasing storage capacity; increasing
irrigation area; and increasing the loading rate on existing irrigation areas. He noted that if these non -
discharge options were found to not be feasible, then you could use the information to apply for a
discharge permit and apply for appropriate modifications to your non -discharge permit. No further
information from you was received by our Non -Discharge Branch.
North Carn3lnd Npartment EnvIrQnenrntalQualxy I DiwlNlanaPWater karmarrem
512 North ;alb ury atreat I I6iT Mill Service Center I kale*, North CarbLlnJ 27041• It17
414,707.1.1000
DocuSign Envelope ID: 49AD6B5F-5B36-44E6-8ABF-3C7A05A858CD
Sean Dwyer
Return Letter
Page 2
Review of the Engineering Alternative Analysis received July 14, 2021 shows that several of the
recommended options have been evaluated. However, DWR has the following concerns that must be
addressed prior to considering an NPDES discharge application.
• There is currently an ongoing enforcement action with your facility that has raised questions
about the validity of data that has been submitted and certified by your facility to DWR. During a
June 22, 2021 Show Cause hearing, the designated operators serving your facility, Dale Holman
and Bob Barr, testified that the monitoring data for the Cottages of Boone facility was incorrect.
This same invalidated data has been utilized and reproduced in the information included in your
application's Engineering Alternatives Analysis. The Division cannot make decisions of this
nature on data that is not reliable. The Engineering Alternative Analysis must be reevaluated
using trustworthy monitoring data that is representative of at least one year's worth of operating
conditions. This minimum amount of data must be provided to account for seasonal fluctuations.
• Your engineering evaluation mentions that you have contracted with a review professional to
assess the hydraulic capacity of your current fields, and assess the possibility of additional
wastewater irrigation fields. This analysis was not provided in the Engineering Alternative
Analysis. This information is vital to properly evaluate the ability of your non -discharge system
to accept additional flow either through an increased irrigation rate on the existing fields, or the
addition of new wastewater irrigation fields.
• Water efficiency efforts are mentioned in the submitted alternatives analysis as one component
that will be implemented at the Cottage of Boone. The DWR agrees that these efforts will
provide benefits, and lower the amount of generated wastewater. The Engineering Alternative
Analysis must be reevaluated once the low -flow fixtures are installed and new monitoring data is
collected. Again, this data must account for seasonal fluctuations.
• The alternatives analysis component that reviewed connection to the local sewer system indicates
that there are ordinance requirements that would not allow the connection, as well as political
opposition to the connection. However, our review only documents discussions with local
authorities. The Engineering Alternative Analysis must include documentation of the process and
potential issues with the connection from the local authorities to verify the assessments.
Based upon the aforementioned issues with the Engineering Alternative Analysis, your NPDES permit
application is being returned as incomplete. Once these items have been addressed, and new monitoring
data that accounts for seasonal fluctuations has been obtained, please provide this information to the
Winston-Salem Regional Office and the Non -Discharge Branch. Prior to resubmitting for an NPDES
permit, you must work with the Winston-Salem Regional Office and the Non -Discharge Branch to
exhaust all non -discharge options for Permit No. WQ0035784.
DocuSign Envelope ID: 49AD6B5F-5B36-44E6-8ABF-3C7A05A858CD
Sean Dwyer
Return Letter
Page 3
If you have any questions about this letter, please contact me at 919-707-3615 or
j ohn. hennessy@ncdenr. gov..
Sincerely,
,-DocuSigned by:
-C
- 8328B44CE9EB4A1...
John Hennessey, Supervisor
Compliance and Expedited Permitting
cc: NPDES Files
Winston-Salem Regional Office / Water Quality — electronic
Nathaniel Thornburg / Non -Discharge Branch — electronic