WQ0035784_NOV-2023-LV-0868 NOI_20231128

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 28, 2023
Certified Mail # 7019 1120 0001 5505 1367
Return Receipt Requested
Wen De Tam
Wallace Loft LLC
615 Fallview Ln
Boone, NC 28607
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0868
Permit No. WQ0035784
The Cottages of Boone WWTP
Watauga County
Dear Permittee:
A review of the August 2023 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location
Parameter Date
Value
Value Type of Violation
001
Solids, Total Suspended 8/31/2023
5
5.4 Monthly Average Exceeded
(00530)
Reporting Violation(s):
Sample
Location
Parameter
Date
Type of Violation
001
Nitrogen, Nitrate Total (as N) (00620)
8/31/2023
Parameter Missing
Potential Violation(s):
It was also noted that the reported freeboard measurements have not changed since June 2023. Permit
Condition IV.6 requires that freeboard shall be recorded weekly. Please provide an explanation for the
reported freeboard and updated reports to the Winston Salem Regional office if needed.
North Carolina Department of Environmental Qualtty I Division of Water Resources
D_E �� Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violations, request technical assistance, or
discuss overall compliance, please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations.
Remedial actions should have already been taken to correct these issues and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Caitlin Caudle of the Winston-Salem
Regional Office at 336-776-9800.
Sincerely,
DocuSigned by:
OD2D3CE3F167456...
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: Madelyn Mills, EnviroLink (electronic copy)
Todd Robinson, ORC, EnviroLink (electronic copy)
Christy Hodgen, Complex Manager (electronic copy)
Christopher Garnic, Maple Tree (electronic copy)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105
336 776.9800