WQ0004972_Response NOV-2020-PC-0460_20210120

Kimley»>Horn
January 20, 20201
Mr. Lon Snider
Regional Supervisor
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
450 West Hanes Mill Road, Suite 300
Winston-Salem, North Carolina, 27105
RE: NOTICE OF VIOLATION (NOV — 2020-PC-0460)
Forest Lake Preserve — Wastewater Irrigation System
Permit No. WQ0004972
Davie County
Mr. Snider:
In response to your letter dated November 2, 2020 (attached), the owner of the Forest Lake Preserve
wastewater irrigation system, MHT TT, Inc. has contracted Kimley-Horn to provide technical
assistance at the facility. This includes providing a detailed evaluation of the facility and the disposal
system and to design the necessary improvements to prevent future violations. We have worked with
the owner and the contract operator of the facility to assess the current violations and offer the
following responses:
Comment 1:
The subject permit has an expiration date of March 31, 2021. Permit Condition I. (1)
requires that the Permitee shall request renewal of this permit on official Division
forms, no less than six months prior to the expiration of the permit. To date, an official
request for permit renewal has not been received by the Division.
Response: The permit was requested on October 22, 2020 and was received on January 13,
2021. The new permit is valid until October 31, 2027, with resubmittal required by
May 4, 2027.
Comment 2:
Review of the facility's May 2020 Form NDAR, a required monthly reporting form
utilized to track irrigation events, indicated that irrigation of 33,984 gallons occurred
on May 21, 2020. This irrigation event followed a documented rain event occurring on
May 20, 2020, consisting of a reported rainfall total of 5.6 inches. This constitutes a
violation of Permit Condition III. (5) which prohibits irrigation during inclement weather
or when the ground is in a condition that will cause ponding or runoff.
Response: Upon investigation with the contract operator, the operator appears to have turned on
the system in error. New procedures for field operations staff to confirm the
acceptability of disposal operations have been put in place to prevent this from
occurring in the future.
kimley-horn.com
300 Morris Street, Suite 200, Durham, NC 27701
919 682 3583

Kimley»>Horn
Comment 3:
Page 2
The Notice of Intent to Enforce (NOI) dated December 5, 2019, that was issued by
this Office, following the previous compliance evaluation inspection, performed on
November 21, 2019, brought the concern described below to your attention as well
as a request to evaluate the described discrepancy via system calibration and
wettable acreage determination:
Reportedly seven acres are currently being utilized for irrigation, however per
Attachment B, there are nine (9) acres permitted for irrigation. It is the Division's
understanding that not all the permitted spray heads were installed. This discrepancy
led the Division to conduct square footage calculations based upon the total installed
spray heads. Square footage calculations for 18 total spray heads with a 60' diameter
spray pattern suggests that the actual wettable acreage being utilized is less than
two (2) acres. Should this be confirmed, then the application rates (both hourly and
cumulative annual) are being severely under -reported. This would also raise
concerns as if argonomic rates are also being exceeded. Permit Condition II. (6)
states: application rates, whether hydraulic, nutrient, or other pollutant, shall not
exceed those specified in Attachment 8.
At the time of inspection, the ORC provided calibration and wettable acreage
calculation results generated as part of a calibration event that was conducted on
January 14, 2020, by Research Analytical Laboratories. These calculations
suggested that the wettable acreage utilized by the subject irrigation system totals
3.42 acres. These calculations support confirmation that the reported acreage of 7
acres is inaccurate, as well as the fact that the application rates (both hourly and
cumulative annual) are currently being under -reported.
Permit Condition IV. (5) states: The Permittee shall maintain adequate records
tracking the amount of effluent irrigated. Application rates shall immediately be
calculated based upon the wettable acreage of 3.42 acres as determined by the most
recent calibration event conducted on 1/14/2020, and revised cumulative annual
totals for the previous 12 months be submitted to this office within 90-days of receipt
of this Notice.
Response: The new permit corrects the permitted field acreage area to 6.0 acres after Division
re-evaluation of the as -built site dimensions. Documentation of this was provided as
part of the permit renewal process.
Comment 4: A Residual Management Plan (RMP) in accordance with Permit Condition III. (10)
reportedly did not exist at the time of this inspection. Immediately generate and
maintain an RMP pursuant to NCAC 02T.0508.
Response: In accordance with the recently issued permit, a Residuals Management Plan must
be provided within 90 days of permit issuance, or April 13, 2021.
kimley-horn.com
300 Morris Street, Suite 200, Durham, NC 27701
919 682 3583

Kimley»>Horn
Additionally,
Page 3
Comment (a): Reportedly per the ORC, one spray head had been "offline/inactive" or the past year.
This was done to prevent runoff from occurring, as some ground surface within reach
of this spray head had been converted to an access road thus inhibiting proper
assimilation of effluent. If this operation is to be continued, then ensure wettable
acreage determination and subsequent calculation and reporting of application rates
is representative of this "lost" acreage.
Response: The missing spray head was replaced on December 14, 2020 and adjusted to limit
the spray area to exclude the access road.
Comment (b): There was no backup power available at the facility to supply power to any of the
seven lift stations nor to the wastewater treatment facility in the event of a power
outage. Reportedly, water supply and therefore water use would not necessarily be
interrupted during a power outage. Should water use remain uninterrupted during a
power outage, the risk of sewer overflows at the lift stations and/or the wastewater
treatment facility would greatly increase in the absence of backup power availability.
Sewer overflows that occur due to failure to provide back-up power at necessary
locations may result in future violation and/or civil penalties to be incurred.
Response: Noted. The owner would prefer to purchase a honey wagon to convey wastewater to
the treatment plant in case of emergency. The treatment facility is also scheduled to
be modified to include backup power generation.
The treatment facility and sprayfield has been contracted for the design of modifications to improve
treatment reliability and capacity. Geotechnical analysis of the disposal capacity of the sprayfield will
be conducted to provide the Division with the assurance the spray site and any expansion to it has
adequate capacity for any proposed expansion needs. Additionally, greater control and data tracking
is proposed to be included in the modifications to better track facility operations and effluent disposal
scheduling.
Please let us know if you need any additional clarifications on these responses.
Regards,
KIMLEY-HORN AND ASSOCIATES
Dan Bula, PE
Project Engineer
cc: Bobby Lue, MHT, TT Inc., Forest Lake Preserve
teve Romano
Associate
kimley-horn.com
300 Morris Street, Suite 200, Durham, NC 27701
919 682 3583

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 2, 2020
CERTIFIED MAIL 7018 1130 0000 1612 8151
RETURN RECEIPT REQUESTED
George Gudgeon, Senior Vice President
MHT TT Inc.
2North Riverside Drive
Chicago, Illinois 60606
SUBJECT: NOTICE OF VIOLATION (NOV-2020-PC-0460)
Forest Lake Preserve — Wastewater Irrigation System
Permit No. WQ0004972
Davie County
Dear Mr. Gudgeon:
On October 21, 2020, staff of the North Carolina Division of Water Resources Winston Salem
Regional Office (DWR) performed a compliance evaluation inspection of the subject wastewater
treatment and surface irrigation system. This inspection was conducted by DWR staff persons
Justin Henderson and Caitlyn Caudle. Accompanying DWR staff during this inspection was Mr.
Glenn Price, ORC of R&A Labs, Mark McKeithan, Senior Regional Manager, Sylvia Austin,
Regional Manager, and Tracy Overdurf, Resort Manager of Forest Lake Preserve. The facility
was found to be non -compliant Permit WQ0004972. The following violations require your
immediate attention and action:
1) The subject permit has an expiration date of March 31, 2021. Permit Condition I. (1)
requires that the Permittee shall request renewal of this permit on official Division
forms, no less than six months prior to expiration of the permit. To date, an official
request for permit renewal has not been received by the Division.
2) Review of the facility's May 2020 Form NDAR, a required monthly reporting form
utilized to track irrigation events, indicated that irrigation of 33,984 gallons occurred
on May 21, 2020. This irrigation event followed a documented rain event occurring on
May 20, 2020, consisting of a reported rainfall total of 5.6 inches. This constitutes a
violation of Permit Condition III. (5) which prohibits irrigation during inclement
weather or when the ground is in a condition that will cause ponding or runoff.
D_E
rvahrI-1 cARoLIna
Department el Environmental ouar�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

3) The Notice of Intent to Enforce (NOI) dated December 5, 2019, that was issued by this
Office, following the previous compliance evaluation inspection, performed on
November 21, 2019, brought the concern described below to your attention as well as
a request to evaluate the described discrepancy via system calibration and wettable
acreage determination:
Reportedly seven (acres) are currently being utilized for irrigation, however per
Attachment B, there are nine (9) acres permitted for irrigation. It is the Division's
understanding that not all the permitted spray heads were installed. This discrepancy
led the Division to conducted square footage calculations based up the total installed
spray heads. Square footage calculations for 18 total spray heads with a 60' diameter
spray pattern suggest that the actual wettable acreage being utilized is less than two
(2) acres. Should this be confirmed, then application rates (both hourly and cumulative
annual) are being severely underreported. This would also raise concerns as if
agronomic rates are also being exceeded. Permit Condition H. (6) states: application
rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified
in Attachment B. [15A NCAC 02T .0505 (c), 02T .0505 (n)]
At the time of this inspection, the ORC provided calibration and wettable acreage
calculation results generated as part of a calibration event that was conducted on
January 14, 2020, by Research and Analytical Laboratories. These calculations
suggested that the wettable acreage utilized by the subject irrigation system totals 3.42
acres. These calculations support confirmation that the reported irrigation acreage of 7
acres is inaccurate, as well as the fact that application rates (both hourly and cumulative
annual) are currently being underreported.
Permit Condition IV. (5) states: The Permittee shall maintain adequate records tracking
the amount of effluent irrigated. Application rates shall immediately be calculated
based upon the wettable acreage of 3.42 acres as determined by the most recent
calibration event conducted on 1/14/2020, and revised cumulative annual totals for the
previous 12 months be submitted to this office within 90-days of receipt of this Notice.
4) A Residual Management Plan (RMP) in accordance with Permit Condition III. (10)
reportedly did not exist at the time of this inspection Immediately generate and
maintain a RMP pursuant to 15A NCAC 02T .0508.
In addition to the above described violations, the following items of concern also require your
attention and action:
a.) Reportedly per the ORC, one spray head had been "offline/inactive" for the past year.
This was done to prevent runoff from occurring, as some of the ground surface within
reach of this spray head had been converted to an access road thus inhibiting proper
assimilation of effluent. If this operation is to be continued, then ensure wettable

acreage determination and subsequent calculation and reporting of application rates is
representative of this "lost" acreage.
b.) There was no back-up power available, at the facility, to supply power to any of the
seven lift stations nor to the wastewater treatment facility in the event of a power
outage. Reportedly, water supply and therefore water use would not necessarily be
interrupted during a power outage. Should water use remain uninterrupted during a
power outage, the risk of sewer overflows at the lift -stations and/or the wastewater
treatment facility would greatly increase in the absence of back-up power availability.
Sewer overflows that occur due to failure to provide back-up power at necessary
locations may result in future violations and/or civil penalties to be incurred.
A follow-up inspection to evaluate the corrective actions implemented to resolve the violations
described above is planned to be conducted within the next 60-days. Your immediate attention
and action is greatly appreciated. Please refer to the enclosed compliance inspection report for
additional observations and comments. If you have any questions regarding this Notice, please
contact Justin Henderson or me at the letterhead address or phone number, or by email at
[e-mail] or [e-mail]
Sincerely,
EDocuSigned by:
.-4, 7 JMdtr
145B49E225C94EA...
Lon Snider- Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
enc: Inspection Report
cc: Mark McKeithan, Senior Regional Manager — [e-mail]
Tracy Overdurf, Resort Manager — [e-mail]
Glenn Price, ORC- [e-mail]
Laserfiche Files (electronic copies)