WQ0004972_Compliance (Demand Letter)_20240404

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 4, 2024
CERTIFIED MAIL No. 7022 2410 0003 1826 9845
RETURN RECEIPT REQUESTED
Goerge Gudgeon
MHC TT, LP
2 N Riverside Plaza
Ste 800
Chicago, IL 60606
SUBJECT: Notice of Regulatory Requirement
Title 15A NCAC 02L
Forest Lake Preserve WWTP
Permit No. WQ0004972
Davie County
Dear Mr. Gudgeon:
North Carolina General Statutes Chapter 143 authorizes and directs the Environmental
Management Commission of the Department of Environmental Quality to protect and
preserve the water and air resources of the state. The Division of Water Resources
(Division) has the delegated authority to enforce federal and state pollution control rules.
MHC TT, LP operates a wastewater irrigation program under Non -Discharge Permit No.
WQ0004972. Groundwater sampling at the irrigation site in Davie County is required
under the subject permit. Based upon a review of submitted groundwater compliance
monitoring data, the results demonstrate that MHC TT, LP's irrigation activities at the
facility have resulted in contravention of the groundwater quality standards within the
review boundary.
The GW-59 Groundwater Quality Compliance Report forms dated December 23, 2023,
along with reports dating back to March 2022, indicate consistently elevated levels of
nitrates present above the 02L Groundwater Quality Standards in a downgradient
monitoring well at the MHM TT, LP's irrigation site. Historic data shows a consistent
upward trend of nitrate in this well.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
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336.776.9800

The data displayed in the table below shows the data reported from March 2022 to
December 2023 for the well labeled Monitoring Well 3 (MW3).
Sample Event
Reported Data
m /L
02L Groundwater
Standard m /L
Percent Over (%)
3/22
11.5
10
15%
7/22
8.5
10
0%
11 /22
13.2
10
32%
3/23
11.5
10
15%
7/23
13.6
10
36%
11 /23
19.9
10
99%
Per Permit Condition 11.1, the Permittee shall maintain and operate the subject non -
discharge facilities so there is no discharge to surface waters, nor any contravention of
groundwater or surface water standards, and Permit Condition 11.2 of the permit shall
not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. The above data constitutes a potential
violation of Permit No. WQ0004972 as MW3 shows groundwater standard exceedances
within the review boundary.
In addition, the rule 15A NCAC 02L (d):
(d) For any person conducting or controlling an activity that is conducted under
the authority of a permit issued by the Department pursuant to G.S. 143-215.1,
Article 9 of G.S. 130A, or Article 11 of G.S. 130A that results in an increase in
concentration of a substance in excess of the standards at or beyond the review
boundary:
(1) The Director may require, based on information including data trends,
geologic and hydrogeologic conditions, and spacing between the review
and compliance boundaries, that the person shall demonstrate, through
predictive calculations or modeling, that one or more of the following will
prevent a violation of standards at the compliance boundary:
(A) geologic or hydrogeologic conditions;
(B) facility design; or
(C) operational controls.
(2) If an exceedance of the standards is expected through professional
judgment or predicted through modeling at or beyond the compliance
boundary, the person may submit a plan for alteration of existing site
conditions, facility design, or operational controls that will prevent a violation
at the compliance boundary, and implement that plan upon its approval by
the Director. In approving the plan, the Director shall consider geologic and
hydrogeologic conditions, the nature and extent of the contamination,
technical and economic feasibility, and public health impacts on all potential
receptors should the contaminated plume reach them.
NORTH CAROLINAD � ��
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

In response to this Notice, within thirty (30) days you are required to install a
downgradient monitoring well on the compliance or review boundary of the irrigation site.
It is recommended that a professional engineer, licensed soil scientist, or licensed
geologist be contacted for assistance to determine the location of the downgradient
monitoring well. The Division must approve the location of the downgradient monitoring
well. This well must be installed and sampled for all parameters listed in Attachment C of
the subject permit and the results provided to this office. Once initial sampling is
completed, a schedule for additional sampling and the above described report will be
established if necessary.
If you have any questions, please contact Caitlin Caudle at the letterhead address and
phone number, or by email at caitlin.caudle(a_deg.nc.gov.
Sincerely,
Do
67cuSigned by:
OD2D3CE3F1456_.
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
Cc: Amanda Grenier, Greener EHS Solutions (electronic copy)
Sam Perry, ORC (electronic copy)
Davie County Environmental Health (electronic copy)
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
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