WQ0004967_NOV-2024-PC-0463_20240806

August 6, 2024

Mark Hoppe, Managing Member
Alljuice Realty LLC
1 Westbrook Corporate Ctr
Ste 330
Westchester, IL 60154

SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-PC-0463
Permit No. WQ0004967
Alljuice - Hendersonville WWTF
Henderson County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Alljuice - Hendersonville WWTF
on July 12, 2024. This inspection was conducted in response to a complaint, and to verify that the facility is
operating in compliance with the conditions and limitations specified in Non-discharge Permit No. WQ0004967. A
summary of the findings and comments noted during the inspection are provided in the enclosed copy of the
inspection report.

The Complaint inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:

Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
End Use-Irrigation Ponding and potential runoff were observed within the irrigation area, violating permit
condition III.5. _________________________________________________________________________________________________________________________________________________________________________
End Use-Irrigation Soil conditions are not adequate for wastewater uptake and are resulting in
ponding/runoff on-site, violating permit condition III.6. _________________________________________________________________________________________________________________________________________________________________________ End Use-Irrigation The cover crop health is not optimal, violating permit condition III.4. _________________________________________________________________________________________________________________________________________________________________________
Docusign Envelope ID: BAB49CB2-E110-44CB-B739-0B9A63A1F546

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.

To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice
of Violation regarding your plans or measures to be taken to address the indicated violations and other identified
issues, if applicable.

If you should have any questions, please do not hesitate to contact Melanie Kemp with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4500.

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Inspection Report

Ec: Bob Barr (ORC, RPB Systems), Barry Sester (AllJuice), Kristina Armbrust (AllJuice)
Docusign Envelope ID: BAB49CB2-E110-44CB-B739-0B9A63A1F546
Compliance Inspection Report
Permit:WQ0004967 Effective:02/20/23 Expiration:04/30/28 Owner :Alljuice Realty LLC
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Henderson
Asheville
Kristina Armbrust
Effective:Expiration:Facility:Alljuice - Hendersonville WWTF
352 Jet St
Hendersonville NC 28792
Title:Phone:Operations Manager
I-26 East to Hwy. 64 East (toward Bat Cave). Turn right at the first stop light onto Sugarloaf Road. Follow signs to Alljuice. Facility is
located approximately 3 miles on the left.
Secondary ORC(s):
828-251-1900Phone:24262Certification:Robert P BarrPrimary ORC:
SI,System Classifications:
On-Site Representative(s):
Related Permits:
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
07/12/2024 10:00AM 12:00PM
Melanie Kemp
Brett Laverty
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Complaint
Wastewater Irrigation
Complaint
Question Areas:
Miscellaneous Questions End Use-Irrigation
(See attachment summary)
Page 1 of 3
Docusign Envelope ID: BAB49CB2-E110-44CB-B739-0B9A63A1F546
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0004967
07/12/2024 Complaint
Alljuice Realty LLC
Complaint
Inspection Summary:
On July 12, 2024, Asheville Regional Office (ARO) inspectors Melanie Kemp and Brett Laverty investigated a series of
complaints regarding frequent and excessive white foam in an unnamed tributary to Wolfpen Creek. The impacted section of
stream is located approximately 0.4 miles downstream of the AllJuice Property (non-discharge permit WQ0004967).
The inspectors followed the unnamed tributary upstream from Chestnut Gap Road. The stream’s trace led the inspectors to
the east side of the AllJuice’s property where they observed flowing water emanating from the edge of the spray irrigation
field and moving northeast towards the unnamed tributary. Further investigation of the spray irrigation field revealed an area of
highly saturated ground approximately 250 feet long by 50 feet wide that extends from the east property boundary to the
center of the spray irrigation field. Within this saturated ground, inspectors noted standing water or ponding conditions and
the establishment of water tolerant plants. These field observations suggest the ponding and runoff have been ongoing for
some time.
The site manager and personnel responsible for activating the irrigation system, Barry Sester, was available during the
inspection. Mr. Sester indicated that he had been spraying heavily in June and July, due to dry weather and to draw down
the irrigation lagoon in preparation for construction. In a follow-up phone conversation, Mr. Sester indicated that he had
de-activated flow to the spray heads emitting within the saturated area of the irrigation field to prevent further ponding and
uptake issues.
Nutter & Associates, Inc. conducted an agronomic evaluation of the spray irrigation field in June 2019. The report identified
several issues that have limited the performance of the spray irrigation field including a lack of maintenance, harvesting and
removal of the cover crop, and addressing the exchangeable sodium percentage in the soil, which may be impacting soil
structure and permeability. The report recommended removing the weeds and reestablishing the fescue cover crop,
implementation of a harvest and removal program for the cover crop, applying gypsum or similar soil amendment to break the
sodium binding in the soils, alternating wetting and drying periods to promote better microbial activity and root growth,
maintaining the soil nutrient balance, and a weed control program utilizing specific herbicides.
A Notice-of-Violation (NOV-2021-PC-0157) was issued on March 1, 2021 for failing to maintain a suitable cover crop on the
spray irrigation field. The corresponding inspection report states moisture tolerant weeds and grasses are still present along
patches of the irrigation field. Furthermore, active field maintenance and corrective actions beyond mowing the field have not
occurred.
The following permit violations were noted during the recent inspection:
•The cover crop health is not optimal, violating permit condition III.4.
•Ponding and runoff were observed within the irrigation area, violating permit condition III.5.
•Soil conditions are not adequate for wastewater uptake and are resulting in ponding/runoff on-site, violating permit
condition III.6.
AllJuice will be responsible for investigating why a portion of the spray irrigation field has failed to assimilate the applied
wastewater and what remedial actions needs to be taken to abate the unpermitted wastewater discharges to the unnamed
tributary to Wolfpen Creek. Please note that shutting off induvial spray heads to alleviate ponding/runoff conditions is not an
acceptable permanent solution as the agronomic application rate is partially based on the size (7.05 acres) of the permitted
spray irrigation area. The response to this Notice of Violation should include a detailed accounting of how recommendations
in the Nutter & Associates, Inc. agronomic evaluation have been incorporated into the care and maintenance of the spray
irrigation field.
Page 2 of 3
Docusign Envelope ID: BAB49CB2-E110-44CB-B739-0B9A63A1F546
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0004967
07/12/2024 Complaint
Alljuice Realty LLC
Complaint
Type Yes No NA NE
Single Family Spray, LR
Activated Sludge Spray, LR
Activated Sludge Spray, HR
Reuse (Quality)
Infiltration System
Activated Sludge Drip, LR
Recycle/Reuse
Single Family Drip
Lagoon Spray, LR
End Use-Irrigation Yes No NA NE
Are buffers adequate?
Is the cover crop type specified in permit?
Is the crop cover acceptable?
Is the site condition adequate?
Is the site free of runoff / ponding?
Is the acreage specified in the permit being utilized?
Is the application equipment present?
Is the application equipment operational?
Is the disposal field free of limiting slopes?
Is access restricted and/or signs posted during active site use?
Are any supply wells within the CB?
Are any supply wells within 250' of the CB?
How close is the closest water supply well?
Is municipal water available in the area?
# Info only: Does the permit call for monitoring wells?
Are GW monitoring wells located properly w/ respect to RB and CB?
Are GW monitoring wells properly constructed, including screened interval?
Are monitoring wells damaged?
Excessive ponding, potential runoff, and an inadequate cover crop was observed during the
inspection. See summary for details.
Comment:
Page 3 of 3
Docusign Envelope ID: BAB49CB2-E110-44CB-B739-0B9A63A1F546