NC0089991_Fact Sheet documenting return of application_20210824

DENR/DWQ
EXPEDITED FACT SHEET - NPDES PERMIT DEVELOPMENT
NPDES Permit: NCO089991
2021 New Permit Application
This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets.
Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc.) that can be
administratively renewed with minor changes, but can include facilities with more complex issues (Special
Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns).
Facility and Stream Information
Applicant/Facility Name:
Wallace Loft, LLC The Cottage of Boone WWTP
Applicant Address:
2771 Centerville Road, Suite 400; Wilmington, DE 19808
Facility Address:
615 Fallview Lane, Boone, NC 28607
Facility Class Permit Status:
Not Rated New Application
Permitted Flow (as built)
0.108 MGD requested
Type of Waste
100% Domestic
Receiving Stream
Laurel Fork
Stream Class ID
C; Tr 8-10
River Basin
Watauga
Subbasin
04-03-02
HUC
060101030303
USGS Too
Boone, NC
7Q10 Sum Win cfs
0.44 0.64
30Q2 cfs
1.39
Avg. Stream Flow cfs
3.2
IWC %
26
County
Watauga
Regional Office
WSRO
Basic Information for Expedited Permit
Permit Writer / Date
Bradley Bennett / August 24, 2021
Does permit need daily max NH3 limits?
Seespeculative limits letter
Does permit need TRC limits/language?
Seespeculative limits letter
Does permit have toxicity testing?
Seespeculative limits letter
Does permit have Special Conditions?
If issued would require conjunctive use language
in this permit and in the non -discharge permit —
WQ0035784
Does permit have instream monitoring?
No
Stream on 303 d List? For w/parameter?
None other than statewide mercury listing
Any compliance concerns?
See compliance discussion below associated with
non -discharge permit
Any modifications since lastpermit?
New permit application
New expiration date:
L N/A
FACILITY OVERVIEW:
This facility is 100% domestic waste. The application notes that the system serves an apartment complex with
894 bedroom, five administrative/clubhouse employees, a fitness center and a pool. The design capacity of the
non -discharge irrigation treatment system as built is 0.108 MGD and consists of the following wastewater
treatment components:
• rotary brush screen and a 500 gallon filtrate collection tank served by two 0. 5 horsepower( hp)
centrifugal screening transfer pumps
• 54, 496 gallon bolted steel equalization basin with a coarse bubble diffuser system served by a 96 cubic
feet per minute ( CFM), 40 hp, positive displacement blower and two 4 hp submersible transfer pumps
• dual 12, 000 gallon anoxic bioreactor tanks served by two 3 hp centrifugal recycled activated sludge
RAS)/ mix pumps
• dual 12, 000 gallon aerated bioreactor tanks with a coarse bubble diffuser system served by a 96 CFM,
40 hp, positive displacement blower

• 12, 000 gallon postanoxic bioreactor tank; dual ultra -filtration ( UF) membrane filter racks served by
three 5 hp centrifugal circulation pumps, two 2 hp centrifugal membrane flush pumps, two 0.5 hp
centrifugal membrane permeate pumps, and two 3 hp centrifugal permeate backwash pumps ( all as
part of Dynatec Membrane Biological Reactor treatment system)
• dual 130 gallon per minute ( GPM) Severn Trent ultraviolet( UV) disinfection systems
• Hach turbidimeter and a 190 GPM effluent flow meter
• automatic- activation propane- fueled alternate power supply
• 548, 000 gallon bolted steel 5- day upset tank
• 36, 166 gallon bolted steel aerobic digestion sludge holding tank with coarse bubble diffuser and 2-
inch, 100 GPM sludge flow meter
• 12, 059 gallon HDPE irrigation dosing tank served by two 15 hp centrifugal dosing pumps
• 1, 562, 000 gallon bolted steel 14- day wet weather storage tank
• precipitation sensor
• three 1, 763 gallon precast return flush tanks served by two 48 GPM vertical turbine flush return pumps
• approx.. 14. 39 acres of drip irrigation area with a mixed hardwood and pine forest cover crop with
sufficient disposal capacity in zones 1- 6 and all associated piping, valves, controls and appurtenances
Application Information and Review
The system is permitted under non -discharge permit WQ0037784. While the system is permitted at up to
108,530 MGD it has operated at a reported average flow of 36,000 GPD until the pandemic. They now report a
three year average flow of 44,000 GPD. This is well below the design capacity of the non -discharge permit. The
permittee provided an Engineering Alternatives Analysis (EAA) that evaluated multiple alternatives. An
evaluation of the EAA was conducted and a review summary is included in this Fact Sheet. This evaluation
concluded that the EAA is not complete and has not adequately established the need for the discharge.
This application and EAA is a second submittal from the Cottages of Boone for this purpose. The previous
application (NC0089931) was returned as incomplete in a January 19, 2021 letter. Refer to the Fact Sheet for
that return for more detailed information on the actions taken. A copy of the return letter is included in this
Fact Sheet. In summary, the EAA in the previous application provided no soils or other technical information to
show that the conditions causing discharges were weather related issues. The EAA did not address ongoing
maintenance issues that had led to unrepaired issues on one-third of the available irrigation zones for months
at a time and resulted in compliance and enforcement issues. Permitting staff consulted with regional office
staff and staff in the non -discharge program and the consensus was that this permittee has a viable non -
discharge permit and with proper operation and maintenance of the system does not need a discharge permit.
In accordance with the statutes and rules a discharge permit is not allowable for this permittee.
Environmental Alternatives Analysis Review
Background:
• In a December 10, 2020 meeting and through previous correspondence the Division indicated that we
would find it hard to justify a discharge permit. The facility appears to have a viable non -discharge option
and permit but had previous issues with operation and maintenance. Facility staff and their engineer
directed to work with Non -Discharge Program staff and Winston-Salem Regional Office (WSRO) staff to
look at the issues and provide verification on the weather related issues to show that the system cannot
function the way it is permitted. Evaluation would have to be conducted to show what could be done to
make the non -discharge permit work before any consideration for discharge.
• January 19, 2021 Return letter -directed Cottages of Boone to work with WSRO and non -discharge
program staff with any further review in keeping with the discussions on Dec 10 2020.
The Cottages of Boone WWTP Fact Sheet
NPDES Renewal 2020 — August 24, 2021
Page 2

• Some information provided in January 2021 and non -discharge staff responded on January 28, 2021. No
further response was received until the new application for an NPDES permit was received.
EAA Evaluation:
• Our regional office staff are currently working with the Cottages of Boone on an enforcement action
associated with illegal discharge of wastewater at the location earlier in 2021. In that process it has
become apparent that data submitted under the facility's non -discharge permit (WQ0035784) was not
accurate and did not match with data from the ORC.
- Ina June 22, 2021 Show Cause hearing operators for the facility testified that the monitoring data was
not correct.
- The information utilized in the application and EAA submitted depends on and reproduces the same
inaccurate data. At this point the Division is unsure what data is accurate and reasonable to consider
given the ongoing issues with the validity of submitted information. The Division can not make
decisions of this nature based on data that is not reliable.
• The application includes reference to a contracted soils study that is not yet completed. Given the need to
understand how the irrigation system is functioning, this piece of information is invaluable in determining
the next steps. This information must be completed and provided to allow staff to accurately assess the
irrigation system as a non -discharging system and to evaluate whether irrigation fields can receive more
flow or be supplemented with additional field area, etc..
• The alternatives analysis mentions the use of water efficiency devices, but comes to the conclusion that
they will not keep the system from overflow even with 40% reduction. Given the uncertainty of the data
available it is hard to justify this assessment. The water efficiency devices should be utilized as indicated in
the analysis, and data should be collected to evaluate their impact. Representative data must be collected to
show the impacts and provided as a part of the engineering analysis.
The alternatives analysis indicates that connection to the town is not feasible due to annexation issues, an
ordinance that would not allow connection for facility above 3400 MSL and political concerns. They
mention discussions with local staff but no documentation is included in the report. The report also seems
to mix scenarios with costs calculated based on receiving a variance and having to pay "out of town" rates
but other considerations based on not being able to get annexed. Also, why would they have to connect to
water also when all they need is sewer? Would Boone require both connections? It seems that the water
connection is the one that might have the issue with facilities over a certain msl. This information needs to
be adequately documented in the engineering analysis.
• Numbers utilized for storage in the analysis always related days of available storage based on the capacity
of the treatment system at 108,530 GPD. This maximum capacity is not approached by the system.
• Additional storage. Analysis questions if 2,000,000 gallons of additional storage would be enough. They
have over 2,000,000 already. With 4,000,000 gallons of storage and average flow of even 50,000 GPD they
would be able to store 80 days of flow! That is all of December, January and part of February. If that isn't
enough then management issues are certainly a concern and have not been adequately addressed.
• Evaluations are all based on a worst case scenario that is based on the 2020-2021 winter. The analysis
starts the first of December with 900,000 gallons of storage (around 45%) already taken up. It would
appear that other 0&M issues are ongoing to get to the wet winter months with 45% of their storage
capacity already used up.
• Irrigation Rates - The existing non -discharge permit establishes a maximum irrigation rate of 101.4 inches
for all six fields. Looking at various monthly reports at the 12 month floating average it appears that none
of the fields is ever higher than mid 50 inches for the 12 month floating total. Often a couple of fields are in
the 20s or 30s. So it appears that application on the fields is at around 50% or less of their approved
capacity. Has something changed with the soils since the original permit? Is pumping capacity an issue? Is
The Cottages of Boone WWTP Fact Sheet
NPDES Renewal 2020 — August 24, 2021
Page 3

operation a concern? The soils evaluation noted above should look at these issues to determine if the
capacity of the irrigation fields is being utilized properly.
• The analysis included spreadsheets outlining days excluded from irrigation due to weather based on
precipitation and/or temperature below freezing. Some of the excluded days do have low temps below
freezing, but may have maximum temps in the 30s, 40s or 50s?
• Review information from on the alternatives analysis was provided to the lead engineer in the NPDES
Industrial Permitting Program (Dr. Sergei Chernikov) for his review. In an August 19, 2021 email Dr.
Cheernikov noted his agreement with the review and return of the application as incomplete.
FINAL ACTION
• Application returned as incomplete. See Return Letter for NCO089991
STATE CONTACT:
If you have questions concerning the above or the attached documents, please contact Bradley Bennett
at [e-mail] or [phone].
The Cottages of Boone WWTP Fact Sheet
NPDES Renewal 2020 — August 24, 2021
Page 4

8/24/2021 Mail - Bennett, Bradley - Outlook
RE: EAA Review
Chernikov, Sergei <[e-mail]>
Thu 8/19/2021 11:21 AM
To: Bennett, Bradley <[e-mail]>
Cc: Dowden, Doug <[e-mail]>
Bradley,
I reviewed your letter and the application and agree with your assessment. Please proceed with the return letter,
they need to address all the deficiencies before we approve their EAA.
Thank you!
Sergei
Sergei Chernikov, Ph.D.
Environmental Engineer III
Industrial NPDES Permitting Unit
NEW Tel. [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617
Express Mail: 512 N. Salisbury St., Raleigh, NC 27604
From: Bennett, Bradley
Sent: Wednesday, August 11, 2021 8:34 AM
To: Chernikov, Sergei <[e-mail]>
Subject: Re: EAA Review
Thanks Sergei,
I have attached the draft letter, a document with review comments from their application submittal and
a copy of their application. Let me know if you want to set up a time to discuss.
Thanks for your help on this.
3'.
Bradley Bennett
Compliance and Expedited Permitting Phone: [phone]
NC Division of Water Resources
1617 Mail Service Center Email: brad [e-mail]
Raleigh, NC 27699-1617
Email correspondence to and from this address may be subject to public records laws
From: Chernikov, Sergei <[e-mail]>
Sent: Wednesday, August 11, 2021 8:30 AM
To: Bennett, Bradley <brad ley. ben nett@ ncden r.gov>
Subject: RE: EAA Review
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8/24/2021
Bradley,
Mail - Bennett, Bradley - Outlook
Just e-mail me the draft return letter and their application, I will review it next week.
Thank you!
Sergei
Sergei Chernikov, Ph.D.
Environmental Engineer III
Industrial NPDES Permitting Unit
NEW Tel. [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617
Express Mail: 512 N. Salisbury St., Raleigh, NC 27604
From: Bennett, Bradley
Sent: Tuesday, August 10, 2021 1:38 PM
To: Chernikov, Sergei <[e-mail]>
Subject: EAA Review
Sergei,
I Wanted to talk with you about an EAA for a project that applied recently. Actually, it is the same one
that you reviewed a while back for me and we returned the application (The Cottages of Boone). We are
moving to return this one as well and want to follow up with you and make sure you agree with our
assessment of their documents. These people have a non -discharge permit and we have worked with
Nathaniel on this as well. We have a draft return letter that I can send you that outlines the deficiencies
that we have flagged along with their recent application package. We can also set up a meeting to
discuss, just let me know how you want to handle this.
Thanks
Bradley Bennett
Compliance and Expedited Permitting
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
Email: brad [e-mail]
Email correspondence to and from this address may be subject to public records laws
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8/24/2021 Mail - Bennett, Bradley - Outlook
RE: Draft Letter and Summary for Cottages of Boone
Thornburg, Nathaniel <[e-mail]>
Wed 8/4/2021 1:48 PM
To: Bennett, Bradley <[e-mail]>; Graznak, Jenny <[e-mail]>; Mitchell, Patrick
<[e-mail]>; Snider, Lon <[e-mail]>; Hennessy, John <[e-mail]>
0 1 attachments (1 MB)
NC0089991_Return Letter_20210720 - NDT Comments 210804.docx;
Bradley,
As discussed during our Monday conversation, I am providing a revised return letter for the subject facility. I was
very liberal with my edits because I wanted to write the letter from a non -discharge perspective. I also wanted to
clearly outline what they need to do if they are going to pursue an NPDES permit.
Please feel free to accept/reject my edits at will. Items highlighted in yellow will need to be completed with
information I do not have.
Take care,
Nathaniel D. Thornburg
Branch Chief
Non -Discharge Branch
Department of Environmental Quality
919 707 3653 office
[e-mail]
512 N. Salisbury St.
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bennett, Bradley <[e-mail]>
Sent: Wednesday, July 21, 2021 10:23 AM
To: Graznak, Jenny <[e-mail]>; Mitchell, Patrick <Patrick.Mitchel [e-mail]>; Snider, Lon
<[e-mail]>; Hennessy, John <john.hen [e-mail]>; Thornburg, Nathaniel
<[e-mail]>
Subject: Draft Letter and Summary for Cottages of Boone
Hey Guys,
I have attached a draft return letter for Cottages of Boone. It probably needs work, so feel free to edit
and pass along your comments.
I also attached a review document with bulleted list of issues from previous discussions/letters and
comments on the application information submitted this time. The return letter does not include all the
issues outlined in the review document, so take a look at both if you can. Some of these items are very
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8/24/2021
Mail - Bennett, Bradley - Outlook
specific and seem more related to our internal review. Also, there is a good change I might be off on
some of the comments, so correct me where things are off.
Thanks for your help!
Bradley Bennett
Compliance and Expedited Permitting
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
Email: brad [e-mail]
Email correspondence to and from this address may be subject to public records laws
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8/24/2021
Mail - Bennett, Bradley - Outlook
Cottages of Boone NPDES application #2
Mitchell, Patrick <[e-mail]>
Tue 7/20/2021 4:53 PM
To: Bennett, Bradley <[e-mail]>
Cc: Snider, Lon <[e-mail]>; Graznak, Jenny <[e-mail]>
Bradley,
I think returning the application is probably the easiest route. It is easily justified for the following reasons:
• The PE used falsified data on freeboard records in Appendices B and C. During investigation of the Primary
ORC and Backup ORC serving the facility, both admitted that freeboard records reported for the period of
August 2020 through December 2020 were incorrect. That information was utilized by the PE in justifying
the need for an NPDES permit.
• The alternative proposed in Appendix D was for installation of an additional storage tank. However, the
proposed location sits overtop of a surface water feature. This does not meet minimum setbacks and there
was no discussion on moving the stream. Was this the only area evaluated or considered?
• I have not heard from the PE or any LSS concerning evaluation of potential new irrigation areas nor
evaluation of the existing areas. We need that evaluation completed to determine if that option would
provide a ND option for getting them through the difficult winter months.
• They say connection to Boone's system is prohibited by the Town of Boone's ordinance. And that obtaining
a variance for this ordinance will be met with political resistance. That their discussions with the town
managers showed a difficult, costly and not a guaranteed alternative. Yet there was no documentation of
this ordinance provided in the application that I could find. I would say we need to see a copy of this
documentation or some correspondence from the Town of Boone to be able to accept this a not being an
option.
With the proposed 40% reduction in water usage and when daily flows return to pre -pandemic flow at some point
(i.e., average of 36,000 GPD according to info in application), the proposed permitted discharge flow of 35,000
GPD would provide for a full replacement of the ND irrigation system. The ND system is not failing and the
application that was submitted simply fails to demonstrate or justify the need for full replacement.
I do feel that additional storage or a conjunctive means of minor daily disposal (or seasonally limited disposal) is
needed for this facility. However, they continue to fail to clearly demonstrate it on paper. First it was failure to
maintain the ND irrigation system at 100% operations which clouded the permitting picture (and them asking for
full design flow didn't help their case no a system that is not failing). Now it is submitting an application with data
obtained from falsified self -monitoring reports to justify the need, including vague statements concerning Boone's
WWTP connection and a soils investigation is being conducted... None of which helps them obtain a permit.
What they need to do is complete the soils investigation, finish the 40% water use reduction, maintain the
irrigation system & WWTP at 100% design capacity for a reasonable period of time and then see if an EAA can still
justify an NPDES discharge application. Until that time I recommend not permitting this for a conjunctive NPDES
discharge. If there was some way to say that in the returned application package letter it might get the message
across. I know the owners want this cleared up ASAP, but they have to face the fact that the system was not
properly maintained and the false data that was utilized by the PE has sabotaged their efforts to justify or even
identify the needed conjunctive discharge flow.
Patrick L. Mitchell, REHS, LSS
Environmental Program Consultant — Soil Scientist
Water Quality Regional Operations Section
Division of Water Resources
NC Department of Environmental Quality
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8/24/2021
Mail - Bennett, Bradley - Outlook
Phone: [phone]
Mobile: [phone]
Fax: [phone]
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Compares
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties unless the content is exempt by statute or other regulation.
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DocuSign Envelope ID: 4C3A80C6-0754-4291-A184-5734C4F25CA1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Rose Hernandez (electronic submittal)
The Cottages of Boone
Wallace Loft, LLC
2711 Centerville Road, Suite 400
Wilmington, Delaware 19808
Dear Ms. Hernandez:
NORTH CAROLINA
Environmental Quality
1/19/2021
Subject: Return of Application
NPDES Permit Application - NCO089931
The Cottages of Boone WWTP
Watauga County
On December 10, 2020 Division staff had a conference call with you and your consultants
associated with your application for a discharge permit (received May 5, 2020). This conference
call was in response to our previous letter of October 14, 2020. The October letter, along with
previous discussions, outlined our determination that you have a viable non -discharge permit and
the discharge permit request could not be processed by our Division. This letter requested any
additional information that you may want to provide be submitted within 60 days in accordance
with 15A NCAC 2H .0107(b).
After our December conference call we understood that you would be in touch with Division
staff in the Winston-Salem Regional Office and the Non -Discharge permitting program to further
discuss issues and provide additional information based on those discussions. At this point,
however, our staff has not been contacted to discuss these issues and no further information has
been received. As such, your application does not contain adequate information to support the
issuance of a discharge permit. Specifically, an acceptable engineering alternatives analysis in
accordance with 15A NCAC 2H .0105(c) has not been received. The Division is therefore
returning your application as incomplete and no further review will be conducted.
D EQ
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOfiTH CAROL.INA �
oop—WdEn..a t.lousi� /'� 919.707.9000

DocuSign Envelope ID: 4C3A80C6-0754-4291-A184-5734C4F25CA1
Rose Hernandez
The Cottages of Boone Return
Page 2
If you have any questions or need additional information you should contact staff in the
Winston-Salem Regional Office or in our Non -Discharge Permitting Program.
Sincerely,
E DocuSigned
by:
83281344CE9EMA1...
John Hennessey, Supervisor
Compliance and Expedited Permitting
cc: NPDES Files
Winston-Salem Regional Office / Water Quality — electronic
Nathaniel Thornburg / Non -Discharge Program — electronic