WQ0013808_NOV-2018-PC-0085_20180313

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
March 13, 2 8
CERTIFIED MAIL No.7013 1710 0002 1746
RETURN RECEIPT REQUESTED
C \71
Mr. Dan Witcher
Kotis Properties, Inc.
P.O. Box 9296
Greensboro, NC 27429-9296
Subject: Notice of Violation/Notice of Intent to Enforce(NOV/NOI)
NOV-2018-PC-0085
Summerfield Shopping Center
Wastewater Surface Irrigation
Permit No.WQ0013808
Guilford County
Dear Mr.Witcher:
On January 30, 2018 Rebecca Chandler and Patrick Mitchell of the North Carolina Division of Water
Resources(DWR)Winston-Salem Regional Office(WSRO)performed an announced routine compliance
inspection and permit renewal site visit of the subject facility's wastewater treatment and surface
irrigation system. WSRO staff were accompanied onsite by Mr. Chad Leinbach (ORC) and Mr. Parker
Sheridan of Conner Consulting.A separate,in office review of the self-monitoring report records for the
period September 2016 to December 2017 was also conducted.The inspection found the subject facility
to be non-compliant with Permit No.WQ0013808.
Accordingly, the following observations and violations were noted which require your immediate
attention and action:
1. Permit Condition 1.4 states that"No later than six months prior to the expiration of this permit,
the Permittee shall request renewal of this permit on official Division forms."The subject facility
has been operating without a valid permit since the previous Wastewater Irrigation permit
expired on August 31, 2017. A permit renewal was received by the NCDEQ Central Office on
January 2,2018 and is currently under review.
Until a new permit is issued,the subject facility shall operate within the conditions contained
in the expired permit.The violations listed herein reference those conditions.
2. Permit Condition 11.1 states that"The surface irrigation facilities shall be effectively maintained
and operated at all times so that there are no discharges to surface waters, nor any
contravention of groundwater or surface water standards." During the inspection of irrigation
Zone 1,the system began dosing. While WSRO staff were inspecting Zone 1 during the dosing,
State of North Carolina I Environmental Quality
450 W.Hanes Mill Road,Suite 300,Winston-Salem,North Carolina 27105
Phone:[phone] FAX:[phone]

Summerfield—NOV/NOI
March 13,2018
Page 2
a flow of water was noted downslope of Zone 1 eventually discharging into surface water. It
was later indicated during a follow-up phone conversation with the ORC that a manifold box
from the wastewater irrigation system had broken in Zone 1 and that repairs were being made
to stop the wastewater from leaking.
Immediately review the entire wastewater irrigation system to ensure there are no additional
leaks.Any additional leaks should be repaired immediately to prevent additional discharge to
surface water.
3. Permit Condition 11.3 states that "Effluent limitations shall not exceed those specified in
Attachment A." The permitted average flow rate of 3,182 gallons per day (gpd) was exceeded
exponentially in December 2017 (8,951.6 gpd average). This permit condition was cited as a
concern in the Compliance Evaluation Inspection letter dated August 24, 2015.
Please provide reasoning for the increased flow rate in December 2017 and evaluate how this
may be abated in the future.
4. Permit Condition 11.4 states that "Application rates, whether hydraulic, nutrient, or other
pollutant shall not exceed those specified in Attachment B." The yearly maximum application
for all application fields is 34.75 inches.This was exceeded on Fields 1 and 2 in September 2016,
as well as in Field 3 in July 2017,August 2017,September 2017,October 2017, November 2017,
and December 2017. Additionally, application was not ceased on Field 3 in July 2017, August
2017,and September 2017 even though the yearly maximum had already been exceeded.This
permit condition was cited as a concern in a Notice of Deficiency dated October 26, 2011, as
well as in the most recent two Compliance Evaluation Inspection letters dated August 24, 2015
and November 14,2016.
Immediately begin utilizing the wastewater irrigation system within the permit condition
limits.
5. Permit Condition 111.12 states"Freeboard in the wetland treatment cells and lined wet weather
storage pond shall not be less than two feet at any time." Freeboard was recorded as 1.5 feet
on May 23, 2017. In addition,questionable freeboard measurements(i.e.5'to 7'of freeboard
within one week with no significant rainfall) were recorded in July 2017.This permit condition
was cited as a concern in the most recent Compliance Evaluation Inspection letter dated
November 14,2016.
Be aware that Permit Condition IV.9(d) requires that WSRO be notified as soon as possible,
but in no case more than 24 hours, or on the next working day any time self-monitoring
information indicated the facility is no longer in compliance with permit limitations, i.e.
freeboard.
6. Permit Condition 111.9 states "Public access to the land application sites shall be controlled."
Fencing along Hwy 220 has yet to be replaced since NCDOT construction was completed. This

Summerfield—NOV/NOI
March 13, 2018
Page 3
permit condition was cited as a concern in the most recent two Compliance Evaluation
Inspection letters dated August 24, 2015 and November 14, 2016.
Repair fencing and/or restrictive signage to the facility to ensure no public access.
7. Permit Condition 111.2 states "Upon classification of the wastewater treatment and irrigation
facilities by the Water Pollution Control System Operators Certification Commission
(WPCSOCC), the Permittee shall designate...one or more certified operator(s) to be back-up
ORC(s) of the facilities in accordance with 15A NCAC 08G .0200." During an in-office review of
operator certifications, it was noted by WSRO staff that the backup ORC listed for the subject
facility is not certified for the operation of wastewater irrigation systems. Note:the backup ORC
is certified for biological wastewater treatment plant operation.
Please ensure that the backup ORC obtains the proper certification for the system or
designate a back-up ORC that possesses the proper certification as required by the permit.
8. Permit Condition 111.3 states that "A suitable year-round vegetative cover shall be maintained
such that crop health is optimized, allows for even distribution of effluent, and allows for the
inspection of the irrigation system." During the inspection, WSRO noted that numerous trees
were dead and many of them had fallen across all of Zone 3, making inspection of the zone
nearly impossible.
Immediately remove the downed and falling dead trees from within Zone 3. Repair irrigation
piping as necessary.
9. Permit Condition 111.11 states "Diversion or bypassing of untreated wastewater from the
treatment facilities is prohibited." [15A NCAC 02T .0108(b)(1)] Three separate diversions or
bypasses of partially treated wastewater were noted during the inspection.
a) Wastewater was leaking from the sand filter treatment into the wet weather storage
pond, bypassing a portion of the sand filter as well as the wetland treatment cells.The
ORC indicated that this was a chronic issue and that the sand filter media may need to
be replaced.
b) A cap to an inline filter within the sand filter dosing station was missing causing
wastewater to overflow from the pipe and bypass(this cap was purchased and replaced
during the inspection by WSRO).
c) A board was present within the level control flow splitter box which sends water to
either the wet weather storage pond or directly into irrigation pump station.The board,
as well as a debris clog,were blocking the weir to the sand filter,diverting a majority of
the effluent directly into the irrigation pump station.
Assess and resolve the problem causing the sand filter to bypass.Replace sand filter media if
necessary with the proper material according to engineering specifications. Remove the

Summerfield—NOV/NOI
March 13,2018
Page 4
board from the weir and monitor debris build-up within the level splitter box so that the
system may operate as designed.
10. Permit Condition 111.13 states that"Waste-level gauges,to monitor waste levels in the wetland
treatment cells and lined wet weather storage pond,shall be provided.These gauges shall have
readily visible permanent markings indicating the maximum liquid level at the top of the
temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid
storage volume, and the lowest point on the top of the dam elevations." Additionally, Permit
Condition 1.3 states that waste-level gauges should have been installed "...within 60 days of the
issuance of this permit for the wetland treatment cells and prior to the operation of the wet
weather storage pond."This permit condition was cited as a concern in a Compliance Evaluation
Inspection letter dated August 24,2015.
Immediately install and maintain a staff gauge within the wet weather storage pond. Be
aware that the new permit for the subject facility will likely require staff gauges to be marked
to the tenth of a foot.
11. Permit Condition IV.5(R)states the records to track wastewater disposal "shall include, but are
not necessarily limited to...weather conditions." Upon review of self-monitoring data, it was
noted that weather codes and precipitation events are only recorded once weekly.
Please ensure that weather codes and precipitation levels are recorded for each irrigation
event as required by the permit.
In addition to the above-mentioned violations, the following items of concern also require your attention
and action:
1. During WSRO staff's inspection of wastewater treatment property,the alarm for the sand filter
dosing box was going off. The cause of the alarm was unclear at the time. The cause of this
alarm should be identified and resolved immediately.
2. WSRO noted that a small willow tree had begun to grow within one of the wetland treatment
cells. This tree must be removed immediately before rooting punctures or weakens the
integrity of the cell lining.
3. It was noted by the ORC that power is periodically turned off to wet weather storage.WSRO is
concerned that any alarms connected to the wet weather storage pond may not operate when
necessary if power is not maintained. Ensure that power is connected to all parts of the
wastewater system so that the system may operate as designed.
DWR staff was contacted by the ORC on February 13,2018 regarding repairs being made to the system,
as well as additional system failures/non-compliance concerns that had occurred since the inspection.

Summerfield—NOV/N01
March 13,2018
Page 5
Required Response:
Accordingly, you are requested to provide a written response within ten (10) calendar days following
receipt of the Notice.Your response should be sent to my attention at the letterhead address and must
include an outline detailing specific plans to remedy these violations and any future violations.
This office is considering the pursuit of enforcement actions regarding these issues and any future or
continued violations that may be encountered. If you wish to present an explanation for the violations
cited,or if you believe there are other factors which should be considered, please include them in your
response.Our office requires that the violations,as detailed above,be abated immediately and properly
resolved.Pursuant to NC General Statute G.S.143-215.6A,these violations and any future violations are
subject to a civil penalty of up to a maximum of$25,000.00 per violation per day.
Your immediate attention is greatly appreciated.Additional observations and comments may be found in
the inspection report enclosed for your review. Please contact Rebecca Chandler (336-776-9705) or me
(336-776-9696) if you have any questions regarding this letter.
Sincerely, ff
;41-444-
Sherri V. Knight, PE
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—WSRO
enc.: Compliance Inspection Report
cc: Chad Leinbach—Conner Consulting, LLC., 1284 Windy Ridge Rd., Chapel Hill, NC27517
Guilford County Environmental Health
DWR Central Office—Permit File WQ0013808
WSRO Files

Compliance Inspection Report
Permit: WQ0013808 Effective: 09/12/08 Expiration: 08/31/17 Owner: Kotis Properties Inc
SOC: Effective: Expiration: Facility: Summerfield Shopping Center
County:Guilford 4548 Highway 220
Region: Winston-Salem
Summerfield NC 27358
Contact Person: Bill Kotis Title: Phone: [phone]
Directions to Facility:
take 1-40 east to Hwy 150 in kemesville,turn left at top of ramp. turn right on Hwy 220 then take first left gravel driveway behind the
shopping center
System Classifications: SI, WW1,
Primary ORC: Kenneth Chad Leinbach Certification: 23928 Phone: [phone]
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
inspection Date: 01/30/2018 Entry Time: 10:00AM Exit Time: 12:25PM
Primary Inspector: Rebecca D Chandler Phone: [phone]
Secondary Inspector(s):
Patrick Mitchell
Reason for Inspection: Routine inspection Type: Compliance Evaluation
Permit inspection Type: Wastewater Irrigation
Facility Status: ❑ Compliant 1. Not Compliant
Question Areas:
III Treatment Flow Measurement-Effluent Treatment Flow Measurement-Influent II Miscellaneous Questions
11 Treatment Flow Measurement-Water II Treatment II Treatment Filters
Use Records
▪ Record Keeping II Treatment Lagoons End Use-Irrigation
• Treatment Disinfection II Treatment Flow Measurement Storage
(See attachment summary)
Page: 1

permit WQ0013808 Owner-Facility:Kotis Properties Inc
Inspection Date: 01/30/2018 Inspection Type:Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On January 30,2018 Rebecca Chandler and Patrick Mitchell of the North Carolina Division of Water Resources(DWR)
Winston-Salem Regional Office(WSRO)performed an announced routine compliance inspection and permit renewal site
visit of the subject facility's wastewater treatment and surface irrigation system.WSRO staff were accompanied onsite by
Mr.Chad Leinbach(ORC)and Mr. Parker Sheridan of Conner Consulting.A separate, in office review of the self-monitoring
report records for the period of September 2016 to December 2017 was also conducted.
The following violations were noted during the inspection:
Bypass within in-line filter to sand filter
Bypass from sand filter into wet weather storage pond
Bypass from the level splitter box from the wet weather storage(board present in weir as well as debris buildup,diverting
water solely to pump house)
Failure to renew permit—operating under expired permit
Backup ORC is not certified for drip irrigation
Daily average flow rate exceeded in December 2017
12-Month loading rate exceeded in Field 3 in July 2017,August 2017, September 2017,October 2017, November 2017,and
December 2017.
Freeboard level was exceeded in May 2017—there are questionable freeboard levels in July 2017(5'to 7'within a week)
Public access is still no restricted from the site
Runoff noted from Zone 1 during dosing,flowing downslope towards surface water
Staff gauge not present in wet weather storage pond. PVC pipe being used as freeboard marker,but not marked to the tenth
of a foot
Zone 3 was inaccessible due to dead trees both downed and still leaning up.
Additional concerns include:
Alarm at sand filter dosing box was activated during inspection with no clear cause
Small willow growing in wetland cell
Power being turned off to wet weather storage periodically
A full review of onsite records was not completed during this inspection due to time constraints.A separate,permit renewal
site inspection was completed in conjunction with this compliance inspection.
Page: 2

permit WQ0013808 Owner-Faculty:Kotis Properties Inc
Inspection Date: 01/30/2018 Inspection Type:Compliance Evaluation Reason for Visit Routine
Tyke Yes No NA NE
Lagoon Spray,LR ❑
Single Family Spray,LR ❑
Activated Sludge Spray,LR 0
Activated Sludge Spray,HR ❑
Activated Sludge Drip,LR ❑
Recycle/Reuse ❑
Single Family Drip ❑
Reuse(Quality) ❑
Infiltration System •
Treatment Yes No NA NE
Are Treatment facilities consistent with those outlined in the current permit? • ❑ 0 Cl
Do all treatment units appear to be operational?(if no,note below.) • 0 0 0
Comment: See inspection summary
Treatment Flow Measurement4nfluent Yes No NA NE
Is flowmeter calibrated annually? 0 ❑ 0
Is flowmeter operating properly? 0 ❑ 0 II
Does flowmeter monitor continuously? • ❑ ❑ ❑
Does flowmeter record flow? • ❑ ❑ ❑
Does flowmeter appear to monitor accurately? ❑ 0 0
Comment: Uses municipal water records for influent flow.
See inspection summary
Treatment Flow Measurement-Water Use Records Yes No NA NE
Is water use metered? I 0 0 ❑
Are the daily average values properly calculated? • 0 0 0
Comment: See inspection summary
Treatment Flow Measurement-Effluent Yes No NA NE
Is flowmeter calibrated annually? ❑ ❑ ❑
Is flowmeter operating properly? 0 0 Cl
Does flowmeter monitor continuously? • 0 0 ❑
Does flowmeter record flow? • ❑ 0 0
Does flowmeter appear to monitor accurately? MI 0 ❑ ❑
Comment: See inspection summary
Treatment Filters Yes No NA NE
Page: 3

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permit: WQ0013808 Owner-Facility:Kotis Properties Inc
Inspection Date: 01/30/2018 inspection Type:Compliance Evaluation Reason for Visit Routine
Are monitoring wells damaged? 0011111
Comment: See inspection summary
WETLAND CELL A -
Treatment Lagoons Yes No NA NE
Lagoon Type None
Primary/Secondary Secondary
Influent structure 01:111112
Banks/berms(seepage and erosion) ❑ ❑ ❑
Vegetation(excessive vegetation on banks/berms) 0E1110
Liner ❑ ❑ � ❑
Liner Type
Baffles/curtains 0E1110
Freeboard Marker 00110
Required freeboard
Actual freeboard
Are increments clearly marked on gauge at adequate intervals? 00110
Has the water level gauge been surveyed w/respect to lowest point on dike?wall? 0011E1
No Evidence of overflow ❑ ❑ ❑
Acceptable color ❑ ❑ N ❑
Floating mats 00110
Excessive solids buildup 00110
Aerators/mixers 0E1110
Effluent structure ❑ ❑ E ❑
Lagoon cover 0 ❑ 1111 ❑
WETLAND CELL B -
Treatment Lagoons Yes No NA NE
Lagoon Type None
Primary/Secondary Secondary
Influent structure ❑ ❑ ❑
Banks/berms(seepage and erosion) ❑ ❑ ❑
Vegetation(excessive vegetation on banks/berms) 00110
Page: 6

permit: WQ0013808 Owner-Facility:Kotis Properties Inc
Inspection Date: 01/30/2018 Inspection Type:Compliance Evaluation Reason for Visit: Routine
Liner ❑ ❑ II ❑
Liner Type Unknown
Baffles/curtains 0 ❑ 11 0
Freeboard Marker Cl 0 11 ❑
Required freeboard
Actual freeboard
Are increments dearly marked on gauge at adequate intervals? 0 Cl II 0
Has the water level gauge been surveyed w/respect to lowest point on dike?wall? 0 CHI ❑
No Evidence of overflow ❑ 0 U Cl
Acceptable color 0 CHI ❑
Floating mats 0 ❑ 0
Excessive solids buildup ❑ ❑ ❑
Aerators/mixers 0 0 11 ❑
Effluent structure 0 ❑ 11 0
Lagoon cover 0 ❑ II ❑
550,000 -
Storaae Yes No NA NE
Storage Type?
Pond
Storage amount? 550000
Gallons
#At what point is side-stream wastewater returned to treatment? As neccesary
Is there a Spill Control Plan? ❑ ❑ ❑
Aerated or Mixed? NONE
If aeration is present,is it adequate? ❑ ❑ II 0
If present,are diffusers cleaned regularly? ❑ ❑ � ❑
Is influent structure acceptable? II ❑ 0 0
Are banks/berms free of seepage and erosion? II ❑ 0 ❑
Are banks/berms free of excessive vegetation? NI 0 0 ❑
Is pond lined? El ❑ 0 ❑
Liner Type Full,synthetic
Is liner acceptable? • 0 0 0
Are baffles/curtains acceptable? ❑ ❑ ❑
Page: 7

•
permit WO0013808 Owner-Facility:Kotis Properties Inc
Inspection Date: 01/30/2018 Inspection Type:Compliance Evaluation Reason for Visit Routine
Does the pond have a freeboard marker? ❑ • ❑ ❑
Required freeboard? 2
Feet
Actual freeboard? 4
Feet
Is there suitable grassed vegetation? • ❑ ❑ 0
Is the vegetation maintained? • 0 0 0
Is the area free of excessive weeds and/or woody species? • 0 0 0
Is the area free from signs of overflow? • ❑ 0 ❑
Is color acceptable? • 0 ❑ 0
Are floating mats acceptable? • 0 ❑ ❑
No excessive buildup of solids? • 0 ❑ 0
Are aerators/mixers acceptable? U ❑ ❑ ❑
Is effluent structure acceptable? • 0 ❑ 0
If present,is pond cover acceptable? 0 ❑ 0
Comment: See inspection report
Page: 8