WQ0017530_NOVNOI2021PC0471_20210923

September 23, 2021

Certified Mail #7020 1290 0001 1766 9535
Return Receipt Requested

Jerry West
Highlands Cove Property Owner’s Association Inc
705 Highlands Cove Box L
Highlands, NC 28741

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-PC-0471
Permit No. WQ0017530
Highlands Cove WWTP Reclaimed System
County: Jackson

Dear Permittee:

A review has been conducted of the non-compliance reporting documentation submitted and received on
September 9, 2021, by Marty Kocot, PE on behalf of Highlands Cove Property Owner’s Association Inc regarding a
release from the reclaimed wet-weather storage pond that occurred on August 31st and September 1st, 2021.

The Division’s Asheville Regional Office (ARO) concludes that the Highlands Cove Property Owner’s Association Inc
violated the following permit conditions.
 Part II.1. The Permittee shall maintain and operate the subject reclaimed water facilities so there is no
discharge to surface waters, nor any contravention of groundwater or surface water standards and
 Part IV.10.d The Permittee shall report to the Asheville Regional Office, within 24 hours of first knowledge of
any failure resulting in the discharge of reclaimed water directly to surface waters or any unpermitted release
of reclaimed water to land surface greater than or equal to 5,000 gallons.

Specific incidents cited include the following:
1. A failure at the toe slope of the dam due to heavy rains and a subsequent tear in the synthetic liner led to a
breach of the dam and discharge of 609, 260 gallons of reclaimed effluent to Grassy Camp Creek, a WS-III
stream.
2. Staff became aware of the tear and drop in pond level on September 2, 2021 but failed to verbally report the
incident within 24 hours. The incident was not reported until September 8, 2021.

DocuSign Envelope ID: E197B653-0E7B-4C86-AC41-26BBF7EFF5BB

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 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 violation, 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 additional information provided. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.

Remedial actions should have already been taken to correct this problem 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.

If you should have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Regional
Operations Section in the Asheville Regional Office at 828-296-4686 or via email at [e-mail]

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: LF
Marty Kocot, PE, LandWorks Engineering
Environmental Inc
Jerry West, Highlands Cove

DocuSign Envelope ID: E197B653-0E7B-4C86-AC41-26BBF7EFF5BB
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C3 Jerry West
ti Highlands Cove Property Owner's Asso
� 705 Highlands Cove Box L
Hiqhlands, NC 28741
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Highlands Cove Property Owner's Asso
705 Highlands Cove Box L
Highlmtds, NC 28741
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