WQ0035784_NOV-2021-PC-0472_20210928

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 28, 2021
CERTIFIED MAIL 7020 1810 0001 2074 9086
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-0472)
The Cottages of Boone — Wastewater Irrigation System
Permit No. WQ0035784
Watauga County
Dear Mr. Devine:
On the afternoon of September 14, 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 September 13, 2021.
The 5-Day incident report indicated that the total estimated volume of the bypass that occurred during the
event was 4,725 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. 1 L, 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 fifth bypass event from the influent EQ tank that has been reported to the Division
where the EQ tank overflowed within the last 12 months.
As a reminder, Permit Condition III.1. requires that the system shall be properly maintained at all
times. A clogged suction line transferring wastewater to the rest of the system caused this bypass,
but failure to properly maintain and replace membrane bioreactor units. This failure would also
represent a violation of Permit Condition III.1.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336.776.9800

2. Permit Condition II. 1.; The facilities shall be effectively maintained and operated at all times so
there is no dischargey 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
caitlin.caudlegncdenr.gov or Ion. snidernncdenr.gov.
Sincerely,
DocuSigned by:
L-oti -T. SMdG'
1 _"49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: Rose Hernandez (Electronic: rose. hernandezgthecottagesofboone.com)
David Smith (Electronic: david.smith&thecotta ofboone.com)
Melissa Vega -Matta (Electronic: [e-mail])
Justin Pellegrino (Electronic: justin.pelle rgrinokcardinalgroup.com)
Wayne Farquharson (Electronic: wayne.farquharsongmapletree.com.sg)
Don Feller, Envirolink (Electronic: [e-mail])
Watauga County Environmental Health (Electronic)
DWR Water Quality Laserfiche Permit File WQ0035784, WSRO Electronic Files
Page 2 of 2