WQ0019310_Denial_20010206

State of North Carolina
Department of Environment, ` • •
Health and Natural Resourc ,
Division of Water Quality
W 8 2001
Michael F. Easley, Governor
NCDENR
William G. Ross, Jr., Secretary - "-
� NORTH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director 4, ENVIRONMENT AND NATURAL RESOURCES
CERTIFIED MAIL February 6, 2001
RETURN RECEIPT REOUESTED
BEN HILL, TOWN MANAGER
TOWN OF FAIRMONT
POST OFFICE BOX 248
FAIRMONT, NC 27340-0248
Subject: Project Denial
Project No. WQ0019310
Town of Fairmont
NC Indian Housing Authority
Wastewater Collection System Extension
Robeson County
Dear Mr. Hill:
This letter is in reference to the request for a non -discharge permit to serve the Town of Fairmont's NC
Indian Housing Authority project received by this office on November 9, 2000.
The Town of Fairmont entered into a Special Order by Consent (EMC WQ 94-011 AdI) with the North
Carolina Environmental Management Commission effective October 4, 2000. The Town of Fairmont has been
unable to comply with the final effluent limitations for Chronic Toxicity, BOD, and TSS set forth by NPDES
Permit No. NC0021059. The SOC document indicates that compliance with the limitations in the permit will
require the construction of a new regional wastewater treatment plant. The SOC, as issued, does not allow for
any additional discharge to the wastewater treatment facility.
In accordance with N.C. General Statute 143-215.67(a), no additional flow can be made tributary to the
wastewater treatment facility if the facility does not have the ability to adequately treat the wastewater. In
accordance with North Carolina Administrative Code Section 15A NCAC 2H .0209(b)(3), the Division is hereby
denying the subject permit application. Upon the completion of construction of the new regional wastewater
treatment facility, you may resubmit this project to the Division for reconsideration.
If this denial is unacceptable to you, you have the right to request an adjudicatory hearing upon written
request within thirty days following receipt of this denial. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, 6700 Mail Service Center, Raleigh, NC 27699-6700. Unless such demands are made this denial shall
be final and binding.
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If you have any questions regarding this matter, please contact Paul Rawls, the Fayetteville Regional
Office Water Quality Supervisor at [phone] or Kristin E. Miguez of the Non -Discharge Permitting Unit at
[phone] extension 524.
Sincerely
Kerr T. Stevens
cc: 1�ayetteville Regional Office, Water Quality Section
David T. Upchurch, PE -Hobbs, Upchurch & Associates, PA