WQCSD0216_NOI_NOV2022PC0256_20220505

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7019 1120 0001 5504 7162
RETURN RECEIPT REQUESTED
May 5, 2022
Yes Companies Exp Wfc LLC
Attn: Karen E. Hamilton, Operations Vice President
5050 South Syracuse Street, Suite 1200
Denver, CO 80237
SUBJECT: Compliance Evaluation Inspection
Notice of Violation with Intent to Issue a Civil Penalty
Case #: NOV-2022-PC-0259
Woodlake Mobile Home Park Wastewater Collection System
Deemed Permitted Collection System Tracking Number WQCSD0216
Guilford County
Dear Ms. Hamilton:
Mr. Ron Boone, of the NC Division of Water Resources (DWR), Winston-Salem Regional Office
(WSRO) performed a scheduled inspection of above mentioned deemed permitted wastewater
collection system (WWCS) on March 23, 2022. Mr. Randy Bell and Mr. Bradley Flynt, who currently
operate the park's wastewater treatment plant, were both present for the inspection. However,
neither Mr. Bell nor Mr. Flynt could provide any of the required documentation for the WWCS
inspection. After the inspection, Mr. Boone attempted to contact personnel with Yes and Woodlake
Park to see if they could provide the needed documentation. Eventually, Mr. Boone was contacted by
Mr. Anthony Montero, of Cardinal Water, LLC, who, according to Mr. Montero, and unbeknownst to
DWR prior to the inspection, officially began operating Woodlake's WWCS in January 2022. The
findings of the WWCS inspection are listed in the table below and detailed in the attached compliance
inspection report.
Requirement
Findings
1.
Operation &
Maintenance (0&M)
No spills have been reported, however, very little of the required
documentation is being generated and maintained and there is no
map of the collection system. It's further noted that a map was
available at the previous inspection conducted in 2014.
2.
WWCS Map
None available during the inspection.
3.
O&M and Spill Plan
Mr. Montero provided O&M and spill plans but the O&M plan does
NOT address all 10 regulatory requirements from the regulation and
it does NOT have a spare parts list. Also, the spill plan does NOT
have the correct phone numbers for the Division.
4.
Pump Station (PS)
Inspection Frequency
Not applicable, there are no PSs in the WWCS. This should be
specified in the 0&M plan.
GDE
NORTH C OLI JA '
omm mr� ep..of o�.i
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Requirement
Findings
5. High Priority Sewers
(HPS)
There are at least two know HPSs in the WWCS, but there is no
documentation of their existence or their required inspection and/or
maintenance. This should be specified in the O&M plan.
6. Annual General
Observation (AGO)
There is no documentation of the AGOs being done.
7. Sanitary Sewer
Overflow (SSO)
Reporting
No SSOs have been reported or recorded.
8. Grease Control
Program
There is no documentation of the required semi-annual distributions
of grease control education documentation to all park residents until
January, 2022, when Cardinal Water, LLC, took over operations and
conducted a distribution event. The materials Cardinal distributed in
January, 2022, were sufficiently detailed and believed to be effective,
but they were not dated with the date of distribution. All materials
distributed should be dated with the dates of distribution and kept
on file for a minimum period of at least three years to document the
distribution events.
9. Right -of -Ways (ROW)
There is no documentation of the existence or the requirement
inspections and maintenance of ROWs in the Woodlake WWCS. It is
believed by Cardinal that there are no ROWs in the system that
require any further maintenance beyond that which is already
provided by park landscape maintenance personnel and park
residents.
10. Documentation
Documentation is insufficient and does NOT comply with regulatory
requirements.
These non-compliance issues have resulted in this Notice of Violation with Intent to Issue a Civil
Penalty, which Yes should respond to and follow up on promptly in order to properly and timely
address all identified violations and avoid any further enforcement actions.
Yes Companies must remedy each identified violation fully and properly within 60 days of receiving
this correspondence. Failure to do so may result in this office proceeding with the development of
a civil penalty assessment for the documented violations. You are reminded that, in accordance with
NC General Statute 143-215.6A., Enforcement Procedures: Civil Penalties, a civil penalty of not
more than twenty-five thousand dollars ($25,000) per violation, per day, may be assessed for such
violations.
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105
336.776.9800

Thank you for your prompt attention to this matter. If you have any questions or require assistance,
please do not hesitate to contact Mr. Boone, or me, by phone at 336.776.9690, or 336.776.9700,
respectively. You may also contact us by email at [e-mail] or [e-mail],
respectively.
Sincerely,
DocuSiiggned by:G
t- . l . cJm1c.,"
"- 145B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Attachments:
1. Water Compliance Report
2. 15A NCAC 02T .0400 Deemed Permitted Collection System Rules
cc: 1. Laserfiche
3. Cardinal Water, LLC
Attn: Anthony Montero
700 Alamance Street
Gibsonville, NC 27249
D_E
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105
336.776.9800

Compliance Inspection Report
Permit: WQCSD0216 Effective: 11/26/12 Expiration:
SOC: Effective: Expiration:
County: Guilford
Region: Winston-Salem
Contact Person: Wally Moreland
Directions to Facility:
Owner : Yes WI Utilities Exp LLC
Facility: Woodlake MHP Collection System
Title: Phone: [phone]
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 03/23/2022
Primary Inspector: Ron Boone
Secondary Inspector(s):
Entry Time 09:30AM Exit Time: 10:30AM
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling
Permit Inspection Type: Deemed permitted collection system management and operation
Facility Status: ❑ Compliant Not Compliant
Question Areas:
▪ Miscellaneous Questions
II Spills/Response Plan
▪ Manholes
(See attachment summary)
▪ General
▪ Inspections
▪ Pump Stations
▪ Grease Control
▪ Lines
Page 1 of 7

Permit: WQCSD0216 Owner - Facility:Yes WI Utilities Exp LLC
Inspection Date: 03/23/2022
Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine
Inspection Summary:
Ron Boone, of the NC Division of Water Resources (DWR), Winston-Salem Regional Office, met with Randy Bell, Operator
in Responsible Charge (ORC) of the wastewater treatment system, and Bradley Flynt, Backup ORC, on 3/23/2022, to
perform a compliance evaluation inspection of the Woodlake Mobile Home Park wastewater collection system. Below is a
summary of the inspection findings.
Neither Mr. Bell nor Mr. Flynt provided any documentation demonstrating compliance with the deemed collection system
regulatory requirements.
Anthony Montero, with Cardinal Water, provided some of the needed documentation post -inspection. Unbeknownst to DWR,
prior to the inspection, according to Mr. Montero, Cardinal Water is now the operator for the collection system
Considering the documentation provided by Mr. Montero, the following outlines Yes's current compliance status with the ten
regulatory requirements for deemed permitted wastewater collection systems in the state of NC:
In accordance with 15A NCAC 02T .0403 PERMITTING BY REGULATION
(1) The collection system shall be effectively maintained and operated at all times to prevent discharge to land or surface
waters and to prevent any contravention of groundwater standards or surface water standards.
Although no wastewater spills have been recorded or reported at Woodlake, Yes is not compliant with all regulatory
requirements, as detailed below. You are therefore considered noncompliant with this condition.
(2) A map of the collection system shall have been developed and shall be maintained.
A map of the collection system was not available during the inspection. Mr. Montero indicated that he has requested one
from Yes and has not received it. Mr. Montero also indicated he is working on putting one together to satisfactorily meet the
requirement.
(3) An operation and maintenance plan, including pump station inspection frequency, preventative maintenance schedule,
spare parts inventory, and overflow response shall have been developed and implemented.
Mr. Montero provided a written plan that is labeled, "COLLECTION SYSTEM & PUMP STATION PROCEDURES". You
should consider relabeling the document "Operation and Maintenance Plan", to eliminate all ambiguity. The plan is sufficient
except for the following:
1. The plan does not specifically address all ten regulatory requirements as they apply to Woodlake MHP.
2. The spill plan currently lists the wrong phone number for the Division's Winston-Salem Regional Office (WSRO). WSRO's
correct phone number is 336.776.9800.
3. The O&M plan does not include a spare parts list.
(4) Pump stations that are not connected to a telemetry system shall be inspected by the permittee or its representative
every day, 365 days per year, unless the permittee demonstrates that daily inspections are not necessary because the
pump station has sufficient storage capacity, above the elevation at which the pump activates, to justify a longer inspection
interval. In no case shall the inspection interval exceed seven days. Pump stations that are connected to a telemetry
system shall be inspected once per week.
There are no pump stations in the collection system, therefore, this condition does not apply.
(5) High -priority sewers shall be inspected by the permittee or its representative once every six months, and inspections
shall be documented. It is unknown whether any HPSs, as defined in 15A NCAC 02T .0402 DEFINITIONS, exist within the
collection system.
Page 2 of 7

Permit: WQCSD0216 Owner - Facility:Yes WI Utilities Exp LLC
Inspection Date: 03/23/2022
Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine
There are at least two known HPSs in the WWCS, yet neither their existence nor the required inspections and maintenance
of them is recorded. You are therefore considered noncompliant with this condition.
(6) A general observation by the permittee or its representative of the entire collection system shall be conducted once per
year.
There were no records of general observations being conducted as required above. You are therefore considered
noncompliant with this condition.
(7) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC
02B.0506(a), and public notice shall be provided as required by G.S. 143-215.1C.
As mentioned above, no wastewater spills have been recorded or reported at Woodlake.
(8) A Grease Control Program shall be in place as follows: (B) For privately owned collection systems, which Woodlake
Mobile Home Park is, the Grease Control Program shall include biannual distribution of grease education materials to users
of the collection system by the permittee or its representative. (C) Grease education materials shall be distributed more
often than required in Part (B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
No grease education documentation was availabe during the inspection. It appears this requirement is NOT being
accomplished. You are therefore considered noncompliant with this condition. It should be noted that, according to Anthony
Montero, owner of Cardinal Water, one distribution of the required mateial has occurred since Cardinal Water began
operating the Woodlake collection system in January, 2022.
(9) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility.
There is no record of whether any such right-of-ways exist in the system and there are no records of the required
maintenance. You are therefore considered noncompliant with this condition.
(10) Documentation of compliance with Subparagraphs (a)(1) through (a)(9) of this Rule shall be maintained by the collection
system owner for three years with the exception of the map, which shall be maintained for the life of the system.
Very little of the required documentation was presented during the inspection. Further no system map was available during
the inspection. You are therefore considered noncompliant with this condition.
Please also note that Woodlake's wastewater collection system was last inspected in December, 2014, for which they were
issued Notice of Violation NOV-2014-PC-0280, for some of the same violations. That is why a Notice of Violation/Notice of
Intent to Enforce, which is more serious in nature than just a Notice of Violation, is being issued for this inspection.
Page 3 of 7

Permit: WQCSD0216 Owner - Facility:Yes WI Utilities Exp LLC
Inspection Date: 03/23/2022
Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine
General
# Is this system a satellite system?
# If Yes, what is system name or permit number?
Is there a overall sewer system map?
Does the map include:
Pipe sizes
Pipe materials (PVC, DIP, etc)
Pipe location
# Flow direction
# Approximate pipe age
# Pump station ID, location and capacity
# Force main air release valve location & type
# Location of satellite connections
Are system maintenance records maintained?
Comment: No map presented for inspection.
Grease Control
Is grease/sewer education program documented with req'd customer distribution?
# Are other types of education tools used like websites, booths, special meetings, etc?
If Yes, what are they? (This can reduce mailing to annual.)
For public systems, is there a Grease Control Program via an ordinance/agreement?
If Yes, does it require grease control devices at applicable locations?
Is the Grease Control Program enforced via periodic inspections/records review?
Is action taken against violators?
Comment: None
Spills and Response Action Plan
# Is system free of known points of bypass?
# Have there been any sewer spills in the past 3 years?
If Yes, were they reported to the Division if meeting the reportable criteria?
If applicable, is there documentation of press releases and public notices issued?
Are all spills or sewer related issues/complaints documented?
# Are there repeated overflows/problems (2 or more in 12 months) at same location?
# If Yes, is there a corrective action plan?
Is a Spill Response Action Plan available?
Is a Spill Response Action Plan available for all personnel?
Yes No NA NE
❑ • ❑ ❑
❑ ❑ • ❑
❑ ❑ • ❑
❑ ❑ • ❑
Yes No NA NE
❑ ❑ • ❑
Yes No NA NE
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❑ ❑ ❑ ❑
Page4of7

Permit: WQCSD0216 Owner - Facility:Yes WI Utilities Exp LLC
Inspection Date: 03/23/2022
Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine
Does the plan include:
# 24-hour contact numbers
# Response time
# Equipment list and spare parts inventory
# Access to cleaning equipment
# Access to construction crews, contractors, and/or engineers
# Source of emergency funds
# Site sanitation and cleanup materials
# Post-overflow/spill assessment
Comment: No spills have been reported at Woodlake to date.
Inspections
Are adequate maintenance records maintained?
Are pump stations being inspected at the required frequency?
Is at least one complete functionality test conducted weekly per pump station?
Is there a system or plan in place to observe the entire system annually?
Is the annual inspection documented?
# Does the system have any high -priority lines/locations?
Are inspections of HPL documented at least every 6 months?
Are new lines being added to the HPL list when found or created?
Comment: None
Lines/Right-of-Ways/Aerial Lines
Please list the Lines/Right of Ways/Aerial Lines Inspected:
None
Are right-of-ways and easements maintained for the full width for access?
If No, give details on temporary access:
Is maintenance documented?
Were all areas/lines inspected free of issues?
Yes No NA NE
❑ • ❑ ❑
•❑ ❑ ❑
❑ • ❑ ❑
❑ ❑ ❑ •
Yes No NA NE
❑ ❑ ❑ •
❑ ❑ ❑ •
Comment: Permittee has not identified whether or not there are right-of-ways that require maintenance.
Manholes
Please list the Manholes Inspected:
No manholes in system.
Are manholes accessible?
# Are manhole covers/vents above grade?
Are manholes free of visible signs of overflow?
Are manholes free of sinkholes and depressions?
Are manhole covers present?
Yes No NA NE
❑ ❑ • ❑
❑ ❑ • ❑
Page5of7

Permit: WQCSD0216 Owner - Facility:Yes WI Utilities Exp LLC
Inspection Date: 03/23/2022
Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine
# Are manholes properly seated?
# Are manholes in good condition?
# Are inverts in good condition?
Is flow unrestricted in manholes?
Are manholes free of excessive amounts of grease?
Are manholes free of excessive roots?
Are manholes free of excessive sand?
Are manhole vents screened?
Are vents free of submergence?
Are manholes free of bypass structures or pipes?
Comment: None
Pump Stations
Please list the Pump Stations Inspected:
None
# Number of duplex or larger pump stations in system
# Number of vacuum stations in system
# Number of simplex pump stations in system
# Number of simplex pump stations in system serving more than one building
How many pump/vacuum stations have:
# A two-way "auto polling" communication system (SCADA) installed?
# A simple one-way telemetry/communication system (auto -dialer) installed?
For pump stations inspected:
Are they secure with restricted access?
Were they free of by-pass structures/pipes?
Were wet wells free of excessive grease/debris?
# Do they all have telemetry installed?
Is the telemetry system functional?
Is a 24-hour notification sign posted ?
Does the sign include:
Owner Name?
Pump station identifier?
# Address?
Instructions for notification?
24-hour emergency contact numbers?
Are audio and visual alarms present?
Are audio and visual alarms operable?
❑ ❑ • ❑
❑ ❑ • ❑
❑ ❑ • ❑
❑ ❑ • ❑
Yes No NA NE
0
0
0
0
0
0
❑ ❑ • ❑
❑ ❑ • ❑
❑ ❑ • ❑
❑ ❑ • ❑
Page6of7

Permit: WQCSD0216 Owner - Facility:Yes WI Utilities Exp LLC
Inspection Date: 03/23/2022
Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine
# Is there a backup generator or bypass pump connected?
If tested during inspection, did it function properly?
Is the back-up system tested at least bi-annually under normal operating conditions?
# Does it have a dedicated connection for a portable generator?
# Is the owner relying on portable units in the event of a power outage?
# If Yes, is there a distribution plan?
If Yes, what resources (Units/Staff/Vehicles/etc) are included in Plan?
# Does Permittee have the approved percentage of replacement simplex pumps?
Is recordkeeping of pump station inspection and maintenance program adequate?
Do pump station logs include at a minimum:
Inside and outside cleaning and debris removal?
Inspecting and exercising all valves?
Inspecting and lubricating pumps and other equipment?
Inspecting alarms, telemetry and auxiliary equipment?
Comment: None
❑ ❑ • ❑
❑ ❑ • ❑
❑ ❑ • ❑
❑ ❑ • ❑
Page 7 of 7