WQ0023580_and_NOV2023PC0461_20230901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 1, 2023
CERTIFIED MAIL #: 7020 3160 0000 3277 8965
RETURN RECEIPT REQUESTED
Mr. Brent Brower, HOA President,
Cove Key Association, Inc.
128 S. Cove Key Lane
Mooresville, NC 28117
Dear Mr. Brower:
and Email
Subject: Notice of Violation NOV-2023-PC-0461
And Non -Discharge Permit Inspection Report
Cove Key Townhomes on Lake Norman WWTP
Permit No. WQ0023580
Reclaimed Water Irrigation
Iredell County
Staff of the Mooresville Regional Office (MRO) conducted a compliance inspection on July 19th, 2023,
which included the deemed collection system, reclaimed water treatment and a partial records review. A
follow-up inspection will be scheduled after repairs to the irrigation distribution system are completed and
will include additional records.
The MRO would like to thank you and Mr. Hawkins for meeting to discuss the WWTP and Lagoon
assessment for repairs / replacement, as part of your current permit renewal. Questions specific to the
renewal process may be directed to Leah. Parente(a)_deg.nc.gov, the permit writer currently assigned to this
project.
Per our conversation, the HOA discussed options to connect to Mooresville's Collection System, but chose
not to, as it required annexation into the Town of Mooresville. There are current discussions with an
engineer and your maintenance contractor, Tri-County Wastewater (TCW), for cost assessment, the
potential to view a new system installation at a nearby facility and time to explore costs / payment options
over the next year. MRO staff discussed concerns of the wet weather lagoon integrity, the age of and
rusting conditions throughout the WWTP, and the need for an engineer's assessment. As discussed, these
items were noted in the staff report as part of the renewal process.
After our meeting, MRO staff conducted the inspection with your contractor, Mr. Brian Stephens (TCW)
and would like to thank Mr. Stephens for his time. Upon arrival, Mr. Stephens informed MRO staff, the
system would not distribute flow to irrigation, was recirculating to the head of the plant and he opted to
manually direct the treated reclaimed water flow to the wet weather storage lagoon.
As noted in the previous inspection (2021), the age of the facility is showing, with rust in critical areas of
the plant. Assessment for plant upgrade (newer technology) vs. repair is recommended, is noted as a
North Carolina Department of Environmental Quality I Division of Water Resources
e:!r5fD E Q Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115
NORTH CAROLINA 704.663.1699

concern with the current permit renewal and will be highlighted in future inspections until adequately
addressed.
Photos: Wet Weather Lagoon and plant growth on embankment (Top Left). 5-day upset pond near
capacity and no water level gauge (Bottom Left). Peeling paint and rust on WWTP components (Right
Top and Bottom).
Please note the following items of concern, many of which were also noted in the previous inspection
report.
• There have been two recent Fecal Coliform and / or Ammonia exceedances reported on the March and
June NDMRs. These items are addressed in separate violations and are noted here as additional
concern the treatment units may not be functioning properly.
North Carolina Department of Environmental Quality I Division of Water Resources
D EQ �� Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115
NORTH CAROLINA ^ 704.663.1699
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• The splitter box needs repair for corrosion. Per current observation (and prior inspection discussion
with Mr. Brandon Long), the corrosion at the splitter box would likely create a bypass issue if the second
train were used. This item needs to be addressed as soon as possible.
Most tanks need rehabilitation for rust removal, potential repairs, and repainting, as well as general
cleaning for residuals and algae build-up. Per previous inspections / conversation the operators
discussed complete plant replacement / upgrade with Cove Key HOA, and continued repairs are likely
if costs are less and spread out over time. MRO staff recommends consultation with your engineering
and installation contractors to adequately assess repairs vs. replacement and establishment of a
timeline for the decided course of action.
• All plant tanks and lagoons need to be assessed for solids and pumped as needed. During this recent
inspection, the ORC noted the residuals storage and the 5-day upset pond likely needed pumping. The
sand filter should also be assessed for possible pumping / replacement, as it is unknown if the sand
filter has ever been replaced.
This violation is being issued for the following reasons:
The relay system to distribute flow to irrigation was not operable. Parts were on order as of the July 241n
2023, email communication from Mr. Stephens. Reclaimed water was redirected to the Wet Weather
Storage Lagoon and MRO staff expressed concern over the lagoon integrity given woody plant growth on
the slopes and apparent wear of the liner.
Water lever gauges have not been emplaced in either lagoon. Of primary concern to MRO staff is the 5-day
upset pond, as it appeared near capacity and in need of pumping at the time of inspection and that lagoon is
used routinely. This inspection was the first time, current MRO staff was aware of, reclaimed water being
directed to the wet weather storage lagoon. Due to low flow and continued operation of the irrigation system
it has not been needed, per previous discussions with operators. The MRO is okay with later installation of a
water level gauge for the wet weather lagoon when it is properly assessed for integrity and repaired as
needed.
There are repetitive fecal exceedances of 2500 and 3500 #/100mis in March and June 2023 (addressed
under separate NOVs).
Specifically, the following Permit conditions were found to be in violation:
11.1. "The subject reclaimed water facilities shall be effectively maintained and operated at all times so there
is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the
event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, or failure of the utilization areas to adequately assimilate the reclaimed water,
the Permittee shall take immediate corrective actions including Division required actions, such as the
construction of additional or replacement reclaimed water generation and utilization facilities."
11.3. "Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A".
111.1. "The reclaimed water generation and utilization facilities shall be properly maintained and operated at
all times. The facilities shall be effectively maintained and operated as a reclaimed water system to prevent
the discharge of any reclaimed water or partially treated effluent resulting from the operation of this facility."
111.19. "Gauges to monitor waste levels in the wet -weather and 5-day storage pond shall be provided..."
111.20. "...Trees, shrubs, and other woody vegetation shall not be allowed to grow on earthen dikes or
embankments..."
Not Carolina Department of Environmental Quality I Division of Water Resources
Ee:��RQ�n Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NORTH CAHOJNA / 704.663.1699
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Please be aware that non-compliance with your permit could result in enforcement action by the Division
of Water Resources for these and any additional violations of State law. The Mooresville Regional Office
encourages you to take all necessary actions to bring your facility into compliance.
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the
violation is of a continuing nature, against any person who violates any classification, standard, limitation,
or management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
The Mooresville Regional Office encourages you to take all necessary actions to bring your
facility into compliance. A written response is required within 30 days of receipt with steps taken
or to be taken to return the facility to compliance and may be emailed to
maria.schutteCcD_deg.nc.gov.
The inspection report is attached and should be self-explanatory; however, please contact Maria Schutte by
email or phone [phone]) with any questions.
Sincerely,
DocuSigned by:
40 w H P44-ft
Andrew H. Pitner, P.G., Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment(s): WQ00235801nspection Report
CC: Mr. Brandon Long, TCW (Email)
Mr. Brian Stephens, TCW (Email)
Mr. Chip Hawkins, Association Management Logistics (Email)
North Carolina Department of Environmental Quality I Division of Water Resources
RE;
QMooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115
NORTHCAaouNA 704.663.1699
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