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Home My WebLink AboutNC0089991_Return_20210827DocuSign Envelope ID: 49AD6B5F-5B36-44E6-8ABF-3C7A05A858CD ROY COOPER Governor ELIZABETH S. BISER seer rary 5, DANIEL SMITH NORTH CAROLCNA ErivIrahmerilai Quatity 8/27/2021 CERTIFIED MAIL ITEM - 7018 1830 0001 8037 2131— RETURN RECIPT REQUESTED Sean Dwyer The Cottages of Boone Wallace Loft, LLC 2711 Centerville Road, Suite 400 Wilmington, Delaware 19808 Delivered via email and certified mail Subject: Return of Application NPDES Permit Application - NC0089991 The Cottages of Boone WWTP Watauga County Dear Mr. Dwyer: On July 14, 2021 the Division of Water Resources (DWR) received your permit application for a NPDES discharge permit for the Cottages of Boone facility at 615 Fallview Lane, Boone, NC. This facility is currently permitted as a wastewater irrigation system (Permit No. WQ0035784) administered by the DWR's Non -Discharge Branch. In a December 14, 2020 meeting and the January 19, 2021 letter returning your previous NPDES application, DWR directed your staff and consultants to work with staff in the Winston-Salem Regional Office and staff in the Non -Discharge Branch to look at issues specifically related to the operation of your non -discharge system. Your consultants provided some information to our Non -Discharge Branch through email on January 20, 2021. The Non -Discharge supervisor, Nathaniel Thornburg, responded on January 28, 2021 outlining non -discharge options for your Engineering Alternative Analysis. These options included: reducing the amount of generated flow; increasing storage capacity; increasing irrigation area; and increasing the loading rate on existing irrigation areas. He noted that if these non - discharge options were found to not be feasible, then you could use the information to apply for a discharge permit and apply for appropriate modifications to your non -discharge permit. No further information from you was received by our Non -Discharge Branch. North Carn3lnd Npartment EnvIrQnenrntalQualxy I DiwlNlanaPWater karmarrem 512 North ;alb ury atreat I I6iT Mill Service Center I kale*, North CarbLlnJ 27041• It17 414,707.1.1000 DocuSign Envelope ID: 49AD6B5F-5B36-44E6-8ABF-3C7A05A858CD Sean Dwyer Return Letter Page 2 Review of the Engineering Alternative Analysis received July 14, 2021 shows that several of the recommended options have been evaluated. However, DWR has the following concerns that must be addressed prior to considering an NPDES discharge application. • There is currently an ongoing enforcement action with your facility that has raised questions about the validity of data that has been submitted and certified by your facility to DWR. During a June 22, 2021 Show Cause hearing, the designated operators serving your facility, Dale Holman and Bob Barr, testified that the monitoring data for the Cottages of Boone facility was incorrect. This same invalidated data has been utilized and reproduced in the information included in your application's Engineering Alternatives Analysis. The Division cannot make decisions of this nature on data that is not reliable. The Engineering Alternative Analysis must be reevaluated using trustworthy monitoring data that is representative of at least one year's worth of operating conditions. This minimum amount of data must be provided to account for seasonal fluctuations. • Your engineering evaluation mentions that you have contracted with a review professional to assess the hydraulic capacity of your current fields, and assess the possibility of additional wastewater irrigation fields. This analysis was not provided in the Engineering Alternative Analysis. This information is vital to properly evaluate the ability of your non -discharge system to accept additional flow either through an increased irrigation rate on the existing fields, or the addition of new wastewater irrigation fields. • Water efficiency efforts are mentioned in the submitted alternatives analysis as one component that will be implemented at the Cottage of Boone. The DWR agrees that these efforts will provide benefits, and lower the amount of generated wastewater. The Engineering Alternative Analysis must be reevaluated once the low -flow fixtures are installed and new monitoring data is collected. Again, this data must account for seasonal fluctuations. • The alternatives analysis component that reviewed connection to the local sewer system indicates that there are ordinance requirements that would not allow the connection, as well as political opposition to the connection. However, our review only documents discussions with local authorities. The Engineering Alternative Analysis must include documentation of the process and potential issues with the connection from the local authorities to verify the assessments. Based upon the aforementioned issues with the Engineering Alternative Analysis, your NPDES permit application is being returned as incomplete. Once these items have been addressed, and new monitoring data that accounts for seasonal fluctuations has been obtained, please provide this information to the Winston-Salem Regional Office and the Non -Discharge Branch. Prior to resubmitting for an NPDES permit, you must work with the Winston-Salem Regional Office and the Non -Discharge Branch to exhaust all non -discharge options for Permit No. WQ0035784. DocuSign Envelope ID: 49AD6B5F-5B36-44E6-8ABF-3C7A05A858CD Sean Dwyer Return Letter Page 3 If you have any questions about this letter, please contact me at 919-707-3615 or j ohn. hennessy@ncdenr. gov.. Sincerely, ,-DocuSigned by: -C - 8328B44CE9EB4A1... John Hennessey, Supervisor Compliance and Expedited Permitting cc: NPDES Files Winston-Salem Regional Office / Water Quality — electronic Nathaniel Thornburg / Non -Discharge Branch — electronic