WQ0017530_NOVNOI2021PC0471_RESP_20211001

Mr. G. Landon Davidson P.G., Regional Supervisor
Water Quality Regional Operations Section - Asheville Regional Office
Division of Water Resources, NCDEQ
2090 U.S. 70 Highway, Swannanoa, NC 28778-8211
ADDITIONAL INFORMATION, 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 Mr. Davidson,
Per the letter received on September 29, 2021 please find some additional information that contributed
to the dam and liner failure and the delay in reporting it to NCDEQ for your consideration:
• As you know, the record rainfall amounts from the remnants of Hurricane Ida devastated many
areas in WNC. The Highlands Cove Communities were among those. Based on our records, we
had an extreme amount rainfall over the days surrounding Hurricane Ida was the main factor
that contributed to the failure. The data below is from our on-site records:

Date: Precipitation Amount
Sunday, August 29 1.00 inch
Monday, August 30 0 .42 inches
Tuesday, August 31 3.4 inches
Wednesday, September 1 6.15 inches
Thursday, September 2 0.2 inches Date we learned of the pond failure and discharge.

• The synthetic pond liners age likely contributed to the discharge and failure as it was 21 years
old and had become brittle from the sun.
• The priority at the time we learned of the failure was much like you would respond to any
accident/emergency. Access the site and situation. Institute safety measures to keep
personnel, structures and equipment safe. Employ measures to protect the Dam and liner from
further failure in order to the further discharge from the pond. This was done by immediately
mobilizing a local grading company to stabilize the Dam embankment, ensure golf cart traffic
could continue to flow in a safe manner and keep the liner from tearing further.
• Visually inspect the Condition of the entire WWTP Site including all components such as the
Plant, plant pump Station, Visible transfer lines, Condition of the 5 -day emergency pond and
liner, Irrigation pump station and lines. etc.

• After a thorough visual inspection was completed, steps were immediately taken by the ORC to
lower the level in the pond by moving water around in the plant operation train and 5 day
Emergency pond to create freeboard below the tear in the liner to prevent further discharge in
the event of additional rainfall or an increase in the tear.
• Further assessments of the irrigation station and approved receiver sites was made and after
this evaluation, a plan to apply treated effluent from the pond to the selected receiver sites was
formulated. This was done in an effort to lower the pond volume further for safety reasons and
thinking longer term to replacing the liner. Several liner installation/repair companies were
contacted in an effort to get the liner replacement/repair scheduled.
• After the Site was secured, stabilized and safe from failure the NCDWQ Regional Office was
notified.”
• All of the above tasks take a lot of time and effort to perform, and communication amongst our
group was challenged and at times difficult. This slowed our notification to the NCDEQ as we
were unable to discuss things together as a group to make certain the site was safe and
stabilized. This was caused by each of us (Jerry West, Highlands Cove Director of Operations,
Mark Teague the Highlands Cove, ORC and Marty Kocot Landworks Engineering) having personal
outside commitments and of course the holiday weekend. As a result, none of us were able to
give our full undivided attention to the situation. We all did the best we could under trying
circumstances. I will spare you the details of personal challenges we all were facing. After the
Holiday weekend, we were able to communicate, as a group, fully understand the situation and
what had occurred. At that time, after having the site safe & secure, (without the possibility of
further discharge), the ORC notified the NCDWQ Regional Office. We apologize for the delay.

If you have any questions or need additional information, please contact me.
Sincerely,

Jerry West
Highlands Cove Director of Operations.

cc: Mikal Willmer, Environmental Specialist, NCDEQ, Water Resources
Mark Teague, ORC, Environmental Inc.
Marty Kocot, PE, Landworks Engineering, PLLC