WQ0014306_NOV-2023-PC-0558_20231108

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail 7022 1670 0000 9974 8358
Return Receipt Reauested
Raymond L Gottlieb, Manager
Sandler Utilities at Mill Run L L C
448 Viking Dr Ste 200
Virginia Beach, VA 23452-7331
NORTH CAROLINA
Environmental Quality
November 08, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-PC-0558
Permit No. WQ0014306
Eagle Creek WWTP
Currituck County
Dear Mr. Gottlieb:
The North Carolina Division of Water Resources conducted an inspection of the Eagle Creek WWTP on October
30, 2023. This inspection was conducted to verify that the facility is operating in compliance with the conditions
and limitations specified in Non -discharge Permit No. WQ0014306. A summary of the findings and comments
noted during the inspection are provided in the enclosed copy of the inspection report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Washington
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation
End Use -Infiltration Monitoring wells MW1 and MW2 were not locked and did not have well ID labels. This is a
violation of Condition II.3 of Permit No. WQ0014306 that requires the monitoring wells to
comply with the Standards for of Construction for Wells Other Than Water Supply (15A
NCAC 02C .0108).
Record Keeping No records of sludge hauling or disposal could be provided by the ORC or Environlink. This
is a violation of Condition III.13 of Permit No. WQ0014306 that requires the permittee to
dispose of residuals in a Division -approved manner. It is also a violation of Condition IV.9
of Permit No. WQ0014306 that requires the permittee to maintain a record of all residuals
removed from the facility.
D Q✓-" North Carolina Department of Envtronmerrcal Quality I Division of Water Resources
Washington Regional Offtce 1 943 Washington Square Mah I Washington. North Carolina 27889
252.94"481

Inspection Area Description of Violation
End Use -Infiltration The infiltration basin does not have a properly installed staff gauge. The current one is not
tied to the berm height by a survey and cannot be used to accurately measure freeboard.
This is a violation of Condition I.7 of Permit No. WQ0014306 that requires to permittee to
properly install a staff gauge at the infiltration basin within 60 days after the effective date
of the permit (August 4, 2021).
Treatment The tertiary filter was non -operational. The ORC stated that it can only be operated in
manual mode and did not contain any filter media. He also stated that it has been in this
condition since he started operating the system, which is over a year ago. This is a
violation of Conditions IIA and IIIA of Permit No. WQ0014036 that require the permittee
to properly operate and maintain the facility and to take immediate corrective actions if
needed to return the facility to proper operation.
End Use -Infiltration Woody vegetation was present around the entire perimeter of the infiltration basin. This is
a violation of Condition I.10 of Permit No. WQ0014306 that requires the permittee to
remove all woody vegetation from around the infiltration basin within one year after the
effective date of the permit (August 4, 2021).
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 Non -discharge 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) 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.
North Carolina ➢epartmentoFE—i-rimental0—lity I T)Msion d Wale, Resources
�1 Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889
252.94"485

If you should have any questions, please do not hesitate to contact David May or Randy Sipe with the Water
Quality Regional Operations Section in the Washington Regional Office at 252-948-3939 or 252-948-3849.
Sincerely,
om—i ' - "
David May, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Andrew White — Environlink (electronic copy)
David Pharr — ORC (electronic copy)
Michelle Pharr — Backup ORC (electronic copy)
North Carolina Department of Envtronmerrcal Quality I Division of Water Resources
Washington Regional Offtce 1 943 Washington Square Mah I Washington. North Carolina 27889
°� 252.946.6481

Compliance Inspection Report
Permit: WQ0014306 Effective: 08/04/21 Expiration: 06/30/27 Owner : Sandler Utilities at Mill Run L L C
SOC: Effective: Expiration: Facility: Eagle Creek WWTP
County: Currituck 287 Saint Andrews Rd
Region: Washington
Moyock NC 27958
Contact Person: Debbie A Dietz Title: Phone: [phone]
Directions to Facility:
Beginning at the intersection of Hwy 168 and NCSR 1215 (Survey Rd) 2 miles south of the Moyock on the Currituck County
Mainland, proceed to the terminus of 1215 (1215 will change to Eagle Creek Rd). At the terminus, turn left onto Greenview Rd. At the
t
System Classifications: SI, WW2,
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 10/30/2023 Entry Time 10:30AM Exit Time: 12:OOPM
Primary Inspector: Dwight R Sipe Phone:
Secondary Inspector(s):
Reason for Inspection: Routine
Inspection Type: Compliance Evaluation
Permit Inspection Type: Reclaimed Water
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Treatment Flow Measurement -Effluent
Treatment Flow Measurement -Influent
Miscellaneous Questions
Treatment Flow Measurement -Water
Treatment
Treatment Barscreen
Use Records
Treatment Filters
Record Keeping
Treatment Activated Sludge
Treatment Clarifiers
Treatment Disinfection
End Use -Infiltration
Treatment Flow Measurement
Treatment Return pumps
End Use -Reuse
(See attachment summary)
Page 1 of 8

Permit: WQ0014306 Owner - Facility: Sandler Utilities at Mill Run L L C
Inspection Date: 10/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On 10/30/23, a compliance inspection of the Eagle Creek WWTP was performed by R. Sipe & D. May w/ WQROS-WaRO.
The wastewater treatment and disposal components covered by Permit # WQ0014306 were inspected and a review was
performed of record keeping and monthly monitoring reports. Also present during the inspection were David and Michelle
Pharr, ORC and Backup ORC for the facility; Andrew White w/ Envirolink, the company that is contracted to operate the
facility; and Brittany Willis w/ Sandler Untilities, the owner of the facility and the permittee.
Monthly monitoring reports for March 2023 were reviewed and compared to lab reports and operational logs and found to be
complete and accurate.
No records of sludge hauling or disposal could be provided by the ORC or Environlink. This is violation of Condition III. 13 of
Permit No. W00014306, that requires the permittee to dispose of residuals in a Division -approved manner and it is also a
violation of Condition IV.9 of Permit No. W00014306 that requires the permittee to maintain a record of all residuals removed
from the facility.
The tertiary filter was non -operational. The ORC stated that it can only be operated in manual mode and did not contain any
filter media. He also stated that it has been in this condition since he started operating the system, which is over a year
ago. This is a violation of Conditions 11.1 and 111.1 of Permit No. WQ0014306 that require the permittee to properly operate
and maintain the facility and to take immediate corrective actions if needed to return the facility to proper operation.
The infiltration basin does not have a properly installed staff gauge. The current one is not tied to the berm height by a survey
and cannot be used to accurately measure freeboard. This is a violation of Condition 1.7 of Permit No. W00014306 that
requires the permittee to properly install a staff gauge at the infltration basin 60 days after the effective date of the permit
(August 4, 2021).
Woody vegetation was present around the entire perimeter of the infiltration basin. This a violation of Condtion 1.10 of Permit
No. WQ0014306 that requires the permittee to remove all woody vegetation from around the infiltration basin within one year
after the effective date of the permit (August 4, 2021).
Monitoring wells MW1 and MW2 were not locked and did not have well ID labels. This is a violation of Condition 11.3 of
Permit No. W00014306, that requires the monitoring wells to comply with the Standards of Construction for Wells Other
Than Water Supply (15A NCAC 02C .0108).
According to the ORC and Environlink, reuse water has not been sent to the reuse irrigation pond at the golf course for at
least a year because the tertiary filter is not operational and the effluent is not meeting the turbidity limit The ORC also
stated that the automatic value that should be connected to the turbidity meter to switch flow bewteen the reuse irrigation
pond and the infiltration basin is not operational.
Because of the permit condition violations listed above, the facility is considered Non -Compliant with Permit No.
WQ0014306 and a Notice of Violation/Notice of intent to Assess will be prepared.
Page 2 of 8

Permit: WQ0014306
Owner - Facility: Sandler Utilities at Mill Run L L C
Inspection Date: 10/30/2023
Inspection Type: Compliance Evaluation Reason for Visit: Routine
Type
Yes No NA NE
Lagoon Spray, LR
❑
Single Family Spray, LR
❑
Activated Sludge Spray, LR
❑
Activated Sludge Spray, HR
❑
Activated Sludge Drip, LR
❑
Recycle/Reuse
❑
Single Family Drip
❑
Infiltration System
Reuse (Quality)
Treatment
Yes No NA NE
Are Treatment facilities consistent with those outlined in the current permit? 0 ❑ ❑ ❑
Do all treatment units appear to be operational? (if no, note below.) ❑ 0 ❑ ❑
Comment: The tertiary filter was non -operational. The ORC stated that it can only be operated in manual
mode and did not contain any filter media. He also stated that it has been in this condition
since he started operating the system, which is over a year ago. This is a violation of
Conditions 11.1 and 111.1 of Permit No. WQ0014306 that require the permittee to properly
operate and maintain the facility and to take immediate corrective actions if needed to return
the facility to proper operation.
Treatment Flow Measurement -Influent
Yes No NA NE
Is flowmeter calibrated annually?
❑
❑ 0 ❑
Is flowmeter operating properly?
❑
❑ 0 ❑
Does flowmeter monitor continuously?
❑
❑ 0 ❑
Does flowmeter record flow?
❑
❑ 0 ❑
Does flowmeter appear to monitor accurately?
❑
❑ 0 ❑
Comment: Not required by Permit.
Treatment Flow Measurement -Water Use Records Yes No NA NE
Is water use metered? ❑ 1:10 ❑
Are the daily average values properly calculated? ❑ ❑ 0 ❑
Comment: Not required by Permit.
Treatment Flow Measurement -Effluent
Yes No NA NE
Is flowmeter calibrated annually?
❑ ❑ ❑
Is flowmeter operating properly?
❑ ❑ ❑
Does flowmeter monitor continuously?
❑ ❑ ❑
Does flowmeter record flow?
❑ ❑ ❑
Does flowmeter appear to monitor accurately?
0
❑ ❑ ❑
Page 3 of 8

Permit: WQ0014306 Owner - Facility: Sandler Utilities at Mill Run L L C
Inspection Date: 10/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment: Effluent flow meter was last calibrated on 12/23/22.
Treatment Barscreen Yes No NA NE
Is it free of excessive debris? 0 ❑ ❑ ❑
Is disposal of screenings in compliance? 0 ❑ ❑ ❑
Are the bars spaced properly? 0 ❑ ❑ ❑
Is the unit in good condition? 0 ❑ ❑ ❑
Comment: No issues noted.
Treatment Activated Sludge Yes No NA NE
Is the aeration mechanism operable? ❑ ❑ ❑
Is the aeration basin thoroughly mixed? ❑ ❑ ❑
Is the aeration equipment easily accessed? ❑ ❑ ❑
Is Dissolved Oxygen adequate? ❑ ❑ ❑
Are Settleometer results acceptable? ❑ ❑ ❑
Is activated sludge an acceptable color? ❑ 0 ❑ ❑
Comment: Color was dark gray. ORC stated that they were trying to waste sludge to help improve
biological activity. One aeration basin was being used as an additional sludge digester.
Treatment Clarifiers
Yes No NA NE
Are the weirs level?
❑ ❑ ❑
Are the weirs free of solids and algae?
❑ ❑ ❑
Is the scum removal system operational?
❑ ❑ ❑
Is the scum removal system accessible?
❑ ❑ ❑
Is the sludge blanket at an acceptable level?
❑ ❑ ❑
Is the effluent from the clarifier free of excessive solids?
❑ ❑ ❑
Comment: Clarifier had approx. 4 feet of sludge blanket.
Treatment Return pumps Yes No NA NE
Are they in place? 0 ❑ ❑ ❑
Are they operational? 0 ❑ ❑ ❑
Comment: No issues noted.
Treatment Filters
Yes No NA NE
Is the filter media present?
❑
❑ ❑
Is the filter media the correct size and type?
❑
❑ ❑
Is the air scour operational?
❑
❑ ❑
Is the scouring acceptable?
❑
❑ ❑
Is the clear well free of excessive solids?
❑
❑ ❑
Is the mud well free of excessive solids and filter media?
❑
❑ ❑
Page 4 of 8

Permit: WQ0014306 Owner - Facility: Sandler Utilities at Mill Run L L C
Inspection Date: 10/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Does backwashing frequency appear adequate? ❑ 0 ❑ ❑
Comment: The tertiary was non -operational. The ORC stated that the tertiary filter could only be
operated in manual mode and did not contain any filter media. He also stated that it had been
in this condition since he started operating the system, which is over a year. This is a violation
of Conditions 11.1 and 111.1 of Permit No. WQ0014306 that require the permittee to properly
operate and maintain the facility and to take immediate corrective actions if needed to return
the facility to proper operation.
Treatment Disinfection
Yes No NA NE
Is the system working?
0
❑ ❑ ❑
Do the fecal coliform results indicate proper disinfection?
❑ ❑ ❑
Is there adequate detention time (>=30 minutes)?
❑
❑ ❑
Is the system properly maintained?
❑ ❑ ❑
If gas, does the cylinder storage appear safe?
❑
❑ ❑
Is the fan in the chlorine feed room and storage area operable?
❑
❑ ❑
Is the chlorinator accessible?
❑
❑ ❑
If tablets, are tablets present?
❑
❑ ❑
Are the tablets the proper size and type?
❑
❑ ❑
Is contact chamber free of sludge, solids, and growth?
❑ ❑ ❑
If UV, are extra UV bulbs available?
❑
❑ ❑
If UV, is the UV intensity adequate?
❑ ❑ ❑
# Is it a dual feed system?
❑
❑ ❑
Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)?
❑
❑ ❑
If yes, then is there a Risk Management Plan on site?
❑
❑ ❑
If yes, then what is the EPA twelve digit ID Number? (1000- - )
If yes, then when was the RMP last updated?
Comment: Both UV banks were opertaing during the inspection
Record Keeping
Yes No NA NE
Is a copy of current permit available?
❑ ❑ ❑
Are monitoring reports present: NDMR?
❑ ❑ ❑
NDAR?
❑ ❑ ❑
Are flow rates less than of permitted flow?
❑ ❑ ❑
Are flow rates less than of permitted flow?
❑ ❑ ❑
Are application rates adhered to?
❑
❑ ❑
Is GW monitoring being conducted, if required (GW-59s submitted)?
❑ ❑ ❑
Are all samples analyzed for all required parameters?
❑ ❑ ❑
Are there any 2L GW quality violations?
❑ ❑ ❑
Is GW-59A certification form completed for facility?
❑ ❑ ❑
Page 5 of 8

Permit: WQ0014306 Owner - Facility: Sandler Utilities at Mill Run L L C
Inspection Date: 10/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Is effluent sampled for same parameters as GW?
0
❑ ❑ ❑
Do effluent concentrations exceed GW standards?
0
❑ ❑ ❑
Are annual soil reports available?
❑
❑ 0 ❑
# Are PAN records required?
❑
0 ❑ ❑
# Did last soil report indicate a need for lime?
❑
❑ 0 ❑
If so, has it been applied?
❑
❑ 0 ❑
Are operational logs present?
0
❑ ❑ ❑
Are lab sheets available for review?
0
❑ ❑ ❑
Do lab sheets support data reported on NDMR?
0
❑ ❑ ❑
Do lab sheets support data reported on GW-59s?
0
❑ ❑ ❑
Are Operational and Maintenance records present?
0
❑ ❑ ❑
Were Operational and Maintenance records complete?
❑
0 ❑ ❑
Has permittee been free of public complaints in last 12 months?
❑
0 ❑ ❑
Is a copy of the SOC readily available?
❑
❑ 0 ❑
No treatment units bypassed since last inspection?
0
❑ ❑ ❑
Comment: Monthly monitoring reports for March 2023 were reviewed and compared
to lab reports and
operational logs and found to be complete and accurate.
No records of sludae haulina or disDosal could be Drovided by the ORC or Environlink. This is
violation of Condition III. 13 of Permit No. WQ0014306, that requires the permittee to dispose of
residuals in a Division -approved manner and it is also a violation of Condition IV.9 of Permit No.
WQ0014306 that reauires the Dermittee to maintain a record of all residuals removed from the
facility•
Monitoring wells MW1, MW2, MW5 have been consistently having ammonia levels above the
2L standard of 1.5 mg/L.
End Use -Infiltration Yes No NA NE
# Is the application High Rate or Low Rate? High Rate
Are buffers maintained?
Are any supply wells within the CB?
Are any supply wells within 250' of the CB?
Is municipal water available in the area?
Are GW monitoring wells required?
Are GW monitoring wells located properly w/ respect to RB and CB?
Are GW monitoring wells properly constructed, including screened interval?
Is a usable green area maintained?
Is the disposal site acceptable?
Is the distribution equipment acceptable?
Is the disposal site free of ponding?
Page 6 of 8

Permit: WQ0014306 Owner - Facility: Sandler Utilities at Mill Run L L C
Inspection Date: 10/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Is the disposal site free of breakout? 0 ❑ ❑ ❑
Are the disposal sites free of solids, algae, etc.? ❑ ❑ 0 ❑
Do the records show that the fields are properly maintained? ❑ 0 ❑ ❑
Are the disposal sites free of vegetation? ❑ 0 ❑ ❑
Do any surface water features appear to be adversely impacted by GW discharge? ❑ ❑ ❑
No chemicals or rototiller used to eliminate vegetation, solids, algae, etc.? ❑ ❑ 0 ❑
Comment: The infiltration basin does not have a properly installed staff gauge. The current one is not tied
to the berm height by a survey and cannot be used to accurately measure freeboard. This is a
violation of Condition 1.7 of Permit No. WQ0014306 that requires the permittee to properly
install a staff gauge at the infltration basin 60 days after the effective date of the permit
(August 4, 2021).
Woody vegetation was present around the entire perimeter of the infiltration basin. This a
violation of Condtion 1.10 of Permit No. WQ0014306 that requires the permittee to remove all
woody vegetation from around the infiltration basin within one year after the effective date of
the permit (August 4, 2021).
Monitoring wells MW1 and MW2 were not locked and did not have well ID labels. This is a
violation of Condition 11.3 of Permit No. WQ0014306, that requires the monitoring wells to
comply with the Standards of Construction for Wells Other Than Water Supply (15A NCAC 02C
.0108).
End Use -Reuse
Yes No NA NE
Is the acreage in the permit being utilized?
❑
❑ ❑
Does the acreage specified in the permit correspond to the measured acreage at the site?
❑
❑ ❑
Are all essential units provided in duplicate?
❑
❑ ❑
Is an automatically activated standby power source available?
❑
❑ ❑
Is the equalization capacity adequate?
❑
❑ ❑
Is aerated flow equalization present?
❑
❑ ❑
Has the turbidity meter been calibrated in the last 12 months?
❑
❑ ❑
Does the turbidity meter have recording capabilities?
❑
❑ ❑
Is all flow diverted at the appropriate times?
❑
❑ ❑
Is all upset wastewater diverted from reuse storage unit?
❑
❑ ❑
Is all upset wastewater treated, retreated, or disposed of acceptably?
❑
❑ ❑
Is upset wastewater treated prior to discharge to irrigation storage?
❑
❑ ❑
Is public access restricted from irrigation area during active site use?
❑
❑ ❑
If golf course, is a sign posted in plain sight on the club house?
❑
❑ ❑
Is the cover crop acceptable?
❑
❑ ❑
Are buffers adequate?
❑
❑ ❑
Is the site free of ponding/runoff?
❑
❑ ❑
Is the acreage in the permit being utilized?
❑
❑ ❑
Is the application equipment acceptable?
❑
❑ ❑
Page 7 of 8

Permit: WQ0014306 Owner - Facility: Sandler Utilities at Mill Run L L C
Inspection Date: 10/30/2023 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Is the application area free of limiting slopes? ❑ ❑ 0 ❑
How close is the closest water supply well? ❑ ❑ 0 ❑
Are any supply wells within the CB? ❑ ❑ 0 ❑
Are any supply wells within 250' of the CB? ❑ ❑ 0 ❑
Is municipal water available in the area? ❑ ❑ 0 ❑
Are GW monitoring wells required? ❑ ❑ 0 ❑
Are GW monitoring wells located properly w/ respect to RB and CB? ❑ ❑ 0 ❑
Are GW monitoring wells properly constructed, including screened interval? ❑ ❑ 0 ❑
Comment: According to the ORC and Environlink, reuse water has not been sent to the reuse irrigation
pond at the golf course for at least a year because the tertiary filter is not operational and the
effluent is not meeting the turbidity limit. The ORC also stated that the automatic value that
should be connected to the turbidity meter to switch flow bewteen the reuse irrigation pond and
the infiltration basin is not operational.
Page 8 of 8