WQCS00110_DV-2023-0004 case file_20230123

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Clayton
Facility Name: Clayton Collection System
Permit Number: WOCS00110
County: Johnston
Case Number: DV-2023-0004
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
95,500 total gallons of SSO flowed from a main sewer line to Little Creek, class C-NSW in the Neuse River Basin, due
bypass pumping failure. 75,000 reached Little Creek. 150 fish kill was reported. Increased pathogens and nutrients to
surface waters.
2) The duration and gravity of the violation;
The SSO started on 07.27.2022 at 12:37 am and ended the same day at 02:11 am.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include increased pathogens and nutrients and fish kill.
4) The cost of rectifying the damage;
$6,421.54 was spent on remediation of the spill.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violation was committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There has been one enforcement within the last 12 months.
8) The cost to the State of the enforcement procedures.
$38.85
mac, 2.1 ?a z_3 XA*d'- i'�
Da e /K- Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR
Director
Certified Mail # 7020 3160 0000 4115 5726
Return Receipt Requested
Richard D. Cappola Jr., Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NORTH CAROLINA
Emftnmen tat Quality
January 23, 2023
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00110
Town of Clayton
Clayton Collection System
Case No. DV-2023-0004
Johnston County
Dear Mr. Cappola:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,538.85 ($1,500.00 civil penalty
+ $38.85 enforcement costs) against Town of Clayton.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report and other information submitted by Town of Clayton. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCS00110 and G.S. 143-215. 1 (a)(1). The violation(s,
that occurred are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Clayton violated the terms, conditions or
requirements of Collection System Permit No. WQCS00110 and G.S. 143-215.l(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
North Caro w Departmem d &wft mmW"1 QW ft ohrlebn of water Resources
,99—k�9M rAWNA200
Raleigh RegbnW Office 1 3600 Buren OAre Raleigh North Carolm z7609

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Clayton:
1 500.00 For 1 of the 2 violations of Collection System Permit No. WQCS00110 and G.S. 143-215.l(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
1 500.00 TOTAL CIVIL PENALTY
38.85 Enforcement Costs
1 538.85 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.l(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. l(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission. you must complete.and submit the enclosed "Re vest for Remis i n of Civil P alties
Waiver of Right to an Administrative Hearing and .Stipulation of Facts" form within thirty 30 days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission uest_"
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
I617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an administrative hearine with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
✓ Scott Vinson, Regional Supervisor
D Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0004
Assessed Party: Town of Clayton
Permit No.: WQCSOO 110
County: Johnston
Amount Assessed: $1,538.85
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Clayton )
Clayton Collection System )
PERMIT NO. WQCS00110 ) CASE NO. DV-2023-0004
Having been assessed civil penalties totaling $1,538.85 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 23, 2023, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty trust be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Clayton
CASE NUMBER: DV-2023-0004
PERMIT NO: WQCS00110
FACILITY: Clayton Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
202201071 7/7/2022 CSO/SSO(Sewer Overflow)
202201187 7/27/2022 CSO/SSO(Sewer Overflow)
VIOLATION DESCRIPTION
Discharge without valid permit
Discharge without valid permit
REGION: Raleigh
COUNTY: Johnston
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
2,100 $0.00
95,900 $1,500.00

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
iDhblon of Water Resources Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00110 (WQCS# if active, otherwise use WQCSD#)
Facility: Clayton Collection System Incident #: 202201187
Owner: Town of Clayton
City: Clayton County: Johnston
Region: Raleigh
Source of SSO (check applicable): 0 Sanitary Sewer ❑ Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): 850 South Lombard St
Manhole #: 148
Latitude (Decimal Degrees): 35.6444 Longitude (Decimal Degrees):
Incident Started Dt: 07/27/2022 Time:
(mm-dd-yyyy)
12:37 am
(hh:mm AM/PM)
-78.4644
Incident End Dt: 07/27/2022 Time: 02:11 am
mm-dd-yyyy (hh:mm AM/PM)
Estimated Volume of the SSO: 95,900 gallons Estimated Duration (Round to nearest hour): 1:34 hours
Describe how the volume was determined: Known flow to plant, avg daly flow times 90% for duration
Weather conditions during the SSO event: hot & humid
Did SSO reach surface waters?
Surface water name: Little Creek
0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 75000
Did the SSO result in a fish kill? 0 Yes ❑ No ❑ Unknown If Yes, what is the estimated number of fish killed? 150
SPECIFIC cause(s) of the SSO:
0 Other (Please explai
24 hour verbal notification (name of person contacted ): Alys K Hannum
0 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 07/27/2022 Time (hh:mm AM/PM): 09:20:00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director Division of Water Resources may take enforcement action for SSOs that are re uired to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Other (Please explain in Part Ill
Describe:
Contractor working on a one of the main lines for the Town's CIP project entering the WWTP, had a bypass pump failure.
The secondary pump failed to start as well. The pump watch personnel found the spill and notified the town.
Were adequate equipment and resources available to fix the problem? [;a Yes ❑ No ❑ NA NE
If Yes, explain:
The contractors pump watch personnel were able to get the secondary pump to start pumping ultimately stopping the spil
The Town mobilized 2 vactrucks and multi le em to ees to ca ture all standing sewer and two pumvs to flush the creek
and capture most of the discolored water.
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
nIa
Comments:
nla
System Visitation
ORC Yes
Backup ❑ Yes
Name:
James Blalock
Cert#
1002021
Date visited:
07/27/2022
Time visited:
02:50 AM
How was the SSO remediated (i.e. Stopped and cleaned up)?
Once the town was notified, we brought two vac -trucks to clean up the standing sewer_ The pump watch contractor was
able to get the secondary pump to start and it stopped the spill. The Pump contractor replaced the primarypump to
alleviate anymore failures. Town crews spread lime on affected areas. We also walked Little Creek to determine the extE
of the spill, we then took two of our portable bypass pumps and pumped out of the creek and into the collections system i
multiple areas all of the discolored water and then flushed the creek with dechlorinated water from two upstream fire
hydrants and continued to pump out of the creek until discoloration associated with the spill was removed. The Town's
engineering department will be sending out an official letter to the contractor about this incident.
CS-SSO Form Page: 2

As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: James Ernest Blalock Date: 07/27/22 09:20 am
Signature:
Telephone Number:
Title:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 3

ROY COOPM
GOVORW
ELIZABETH S. BISER
RICHARD E. ROGERS.IR.
Dhwror
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
� o
August 17, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CML PENALTY
Trraadting No.: NOV=2022-DV-0230
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCS00110
Clayton Collection System
Johnston County
Dear Mr. Cappola:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Clayton. The Division's Raleigh Regional Office concludes that the Town of Clayton violated Permit
Condition I (2) of Permit No. WQCS00110 by failing to effectively manage, maintain, and operate their collection
system so that there Is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet W waters of the State for purposes of G.S.143-21S.1(a)(1), for which a permit Is required by
G.S.143-215.1.
The Raleigh Regional Office is providing the Town of Clayton an opportunity to provide evidence and justification
as to why the Town of Clayton should not be assessed a civil penalty for the violation(s) that are summarized
below:
Inddent start
Number Data
202201071 7/7/2022
202201187 7/27/2022
Dwation
(Mina) Location Come
60
109 Lake Dr, Clayton, Power Outage,
NC, 27520 Severe Natural
Condition
94 850 South Lombard St Other
Total Vol
Total surebee
Vol Water
(Gob) (6018) DWR Acdon
2,100
9s,900
2,100 Notice of Violation -
Notke of Intent
75,000 Notice of violation -
NOW of Intent
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This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S.143-215.6A, a dvil 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 W G.S. 143-215.1.
This olfioe requesfis dW you respond t o this Ho IM in writing, witldn iQ business days of ft
r mipL In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, Impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violators history of non-compliance, the cast of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayesonedenr.gov.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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MAYOR
Jody L. McLeod
INTERIM TOWN MANAGER
Richard D. Cappola, Jr.
TOWN ATTORNEY
Caulev Pridaen. P.
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office, DWR, NCDEQ
1628 Mail Service Center
Raleigh, NC 27699-1628
SUBJECT: Notice of Violation NOV-2022-DV-0230
Town of Clayton Collections System Permit Number WQCS00110
Dear Mr. Vinson,
MAYOR PRO TEM
Jason Thompson
COUNCIL MEMBERS
Andria Archer
Porter Casey
Avery Everett
11Airhaol tune
The following information is provided in response to your letter on August 17, 2022, that was received
August 30, 2022, related to the Town of Clayton's actions to correct, and prevent future SSO
occurrences:
Incident Number 202201071
On July 7, 2022, several severe thunderstorms developed unexpectedly and came through the area
causing trees to fall, which in turn took down several primary power lines around town and more
specifically in Starmount subdivision. The SSO happened because of loss of power to Starmount lift
station. There were multiple trees down blocking access to the subdivision as well as the lift station with
both primary and secondary power lines intertwined with the branches. Staff were notified via SCADA of
an outage at the lift station and promptly deployed crews and portable generator. Upon arrival, staff were
advised by the Electric System Superintendent that the area was unsafe., We waited, ready to act, until
the Town Electric Department could confirm that there was no voltage on the downed lines before
removing them and the site was safe for utility staff. Once a path was cut through the downed trees, we
were able to hook a portable generator to the lift station and stop the SSO. We then proceeded to clean
up the area and cover with pulverized lime to prevent any harm to the environment.
Incident Number 2022 1187
This SSO was caused by a contractor working on replacing and upsizing gravity sewer lines coming
into the Little Creek WRF site as part of the Little Creek Outfall project within the Town's Capital
Improvement Plan. The projects bid advertisement required a contractor with a General Contractors
license with one of the following classifications: Unclassified, Public Utilities Contractor, Public Utilities
(Water Purification and Sewage Disposal) and/or Public Utilities (Water Lines and Sewer Lines). The
contractor's scope included the actual pipe installation as well as the contractual obligation to bypass the
existing flow. Contract documents specifically stated, "Contractor is responsible for all bypass pumping
required to construct the project as shown." (Summary of Work —1.03 — C) Contract documents further
required contractor to "Provide 24/7 monitoring of the operational pumps." (Unit Prices — 1.20).
'Ihi-- .
PO Box 879 + Clayton, NC 27528 * 919-553-5002 CLWiai Fax [phone] + TownofCla onNC.o
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Additionally, documents included provisions to which the contractor was to abide by in the event of a spill
including, but not limited to, taking immediate action to contain the spill, and notifying the owner
(Supplemental Conditions). A pre -construction meeting was held on May 13, 2022, and the bypass plan
requirements were discussed. Furthermore, staff reiterated the contractor's obligations to carry out
bypass operations without spills. Additionally, the Town hired a third -party consultant to assist with the
contract administration and to help the Town monitor the contractor's sequencing and methods.
This SSO was caused when the primary bypass pump had a mechanical failure and the secondary pump
failed to start due to the float system failure, while a contractor was working on the last leg of replacing
and upsizing the gravity sewer lines coming into the little Creek WRF. As previously noted, the bypass
plan and contract documents required the contractor to have 24-hour pump watch, the contractor's
employee who was on duty for pump watch, without prior notification or any awareness of a surcharge,
observed the overflow and notified his supervisor who in turn contacted the Town of Clayton's on -call
personnel. Town on -call employees arrived on scene to access and mobilize equipment for clean-up. The
pump watch contractor was able to manually start the secondary pump, which immediately stopped the
SSO. Town crews immediately started pumping and hauling all standing untreated wastewater and spread
lime over the affected area. Upon daylight, Town crews were able to better evaluate the extent of the
spill and determined approximately 75,000 gallons had reached surface waters. Staff also noted multiple
fish killed in the creek immediately downstream of the spill area. Town crews then set up our portable
bypass pumps and began pumping water out of the creek and discharging it back into the collections
system, while we had fresh dechlorinated potable water being flushed upstream. The Town pumped out
of Little Creek in multiple sections to ensure as much contaminated water was returned to the collections
system as possible. The affected area was returned to its normal state with no further harm to the
environment. Utility staff followed all statutory procedures.
In response to the spill, the Town of Clayton sent a letter to the contractor on July 29, 2022,
documenting the incident, reiterating their contractual obligations, and putting the contractor on notice
that failure to comply with contract documents could lead to termination of contract (letter attached). In
response to the spill, the contractor responded in the attached letter on August 15, 2022 (attached). Town
staff were prepared to terminate the contract with Providence Construction; however, the contractor was
working on the final segment of pipe and staff determined it best to allow the current contractor to
complete the final segment and remove bypass set up. Staff have documented the issues with this specific
contractor and deemed them not responsible when considering future contracts.
Town staff are committed to improving its collection system by replacing ageing infrastructure,
but also understands there are risks associated with working on live sewer. Staff have attempted to
mitigate those risk to the maximum extent possible. The Town required specific licensure of its
contractors, incorporated specific contract requirements, and hired a third -party consultant in hopes to

minimize the risk of a contractor causing a spill. Unfortunately, in both situations despite the Town's best
efforts, overflows were caused by a contractor's sub -par performance. The Town has continued to
monitor and evaluate the contractor's performance in an attempt to prevent future spills. The Town is
prepared to take further action including contract termination. The Town understands it is ultimately
responsible for its collection system and the contractors that work on it. Staff is committed to continually
re-evaluating its projects, contract documents, procedures, and resources to further minimize the chance
of additional overflows.
Please contact me if any additional information is required at this time. Thank you for the attention
provided in our response.
Sincerely,
1am�es E. Blalock
Water Resources Maintenance Superintendent
Enclosures
Cc: Rich Cappola, Interim Town Manager
Collections System File

ROY COOPER
Cavtnar
EVZABETH S. BISER
swwxy
RICHARD E. ROGERS, JR.
a tew
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NORTH CAROLINA
Enr6la wwnrn[ QwaW
August 17, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV 2022-DV-0230
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCS00110
Clayton Collection System
Johnston County
Dear Mr. Cappola:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Clayton. The Division's Raleigh Regional Office concludes that the Town of Clayton violated Permit
Condition I (2) of Permit No. WQCS00110 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Raleigh Regional Office Is providing the Town of Clayton an opportunity to provide evidence and justification
as to why the Town of Clayton should not be assessed a civil penalty for the violation(s) that are summarized
below:
Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mina)
Location
Cause
(Gals)
(Gals)
DWR Action
202201071
7/7/2022
60
109 Lake Dr, Clayton,
Power Outage,
2,100
2,100
Notice of Violation -
NC, 27520
Severe Natural
Notice of Intent
Condition
202201187
7/27/2022
94
850 South Lombard St
Other
95,900
75,000
Notice of violation -
Notice of Intent
D1�d,CaraM� Onprlmn,e dGr.aanr,t10dt
1 Or1,l.n
d WMw h�a,roe.
Ade*Ar9WW QMw I 30009wrrwtphu I A*V6Wwth0ro1MwZ"
"Mum

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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.
This of ke requests that You respond to this NOtice, In writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, Impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Nara craftDr,WMMdFjnMU r1Dear,ofWMrb2VjU.
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D..WR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
1DhlsEoe of Watu 1Resources
Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business dma of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00110 (WQCS# if active, otherwise use WQCSD#)
Facility. Cla on Collection System Incident #: 202201071
Owner: Town of Cla on
City: Clayton County: Johnston Region: Raleigh
Source of SSO (check applicable): ❑ Sanitary Sewer 21 Pump Station 1 Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): 109 Lake Dr, Clayton, NC 27520
Manhole #:
Latitude (Decimal Degrees): 35.6641 Longitude (Decimal Degrees):
-78,4555
Incident Started Dt: 07/07/2022 Time: 8:50 pm Incident End Dt: 07/07/2022 Time: 09:50 pm
(mm-dd-yyyy) (hh:mm AM/PM) mm- -yyyy (hh:mm AM/PM)
Estimated Volume of the SSO: 2,100 gallons Estimated Duration (Round to nearest hour): 1.0 hours
Describe how the volume was determined: visual 35gpm for 60 minutes
Weather conditions during the SSO event: severe thunderstorms
Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 2100
Surface water name:
Did the SSO result in a fish kill? ❑ Yes 0 No ❑ Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
Q Severe Natural Con( Q Power outage
24 hour verbal notification (name of person contacted ): Chris Creighton
❑ DWR [1 Emergency Mgmt Date (mm-dd-yyy): 07/071022 Time (hh:mm AMIPM):
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
?er G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
Th"ireglg.r Qivision of Waterrces taK1-1n&roement action for SSOs that are re uired to be reported
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee andlor owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part 11 must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART 11113 COMPLETED,. A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page. 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE S O AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Severe Natural Condition
Lascribe the "severe natural condition" in detail?
Severe thunderstorms with high wind heavy rain & li-ghteninq across the entire area.
How much advance warning did you have and what actions were taken In preparatio
for the event?
The NWS would issue wamings as they popped up. So not very much.
Comments:
Severe thunderstorms g_gpped up and the heavy winds knocked down trees that took down power all across town and
blocked access to Starmount lift station. We couldn't cut the trees out of the way until primary power lines were confirmec
de -energized.
Power outage
What is your alternate power or pumping source?
Portable generator Unit 702 80kw
Did it function properly?
Describe?
Rj Yes ❑ No NA NE
Once we were able to access the station we hooked the generator up and were able to got the station back running.
When was the alternate power or pumping source last tested under load?
Another storm on 6-17-22
If caused by a weather event, how much advance warning did you have and what
actions were taken to prepare for the event?
Only as much advanced warnina as the NWS would out our during the event. On -call personnel were on standby,
Comments:
Once the storm hit, crews responded when it was safe to do so and prioritized each station and location With the amoun
of damage to the incoming power lines and trees blocking access. we had to wait for the Town's electric crews to free up
and confirm the downed primary power lines were de -energized before we could be in cutUna trees out of the way to mal
access.
System Visitation
ORC [ Yes
Backup ❑ Yes
Name:
James E. Blalock
CS-SSO Form Page: 2

Cert#
1002021
Date visited:
7 7/2022
Time visited:
09:05 PM
How was the SSO remediated (i.e. Stopped and cleaned up)?
Once the Town'Town's Electric Dept. confirmed that the downed power lines were de -energized, we were able o remove he r(
to make accelind hook our DoEMble generator to the station. bringing it back online -and stopping the SBO. we then we
abiq to remove any standing liguld and spread lime ver the affected area.
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim:
Signature:
Telephone
Date: 07/07/22 10:14 pm
Title:
1411WC160AIW
,"AOAw4&SuPerlor ev 7
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of t
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 3

State of North Carolina
Deparuneat of FavhmmwDW Quality
Ditiidon of water Resoaras
Division of Water Resources Collection System Smitary Stoma [)vpiynw Reporting lam
Farm CS.SSO
PARTI:
This form shall be submitted to the appropriate DVi1R Regional Office Z= ftye hugURILdom Ofthe first knowledge of the
sanitary sewer avedlow (59OX
Permit Number (WOCS# If active, d#n w*ise use WOCS019)
Facility %WAJ of 70rj Incidenttt
owner. J&►j of Cuy;ro,J
Region: LFM64City. MY nJ County: .1O1jMS r a ^1
Source of SSO (check appficabi ex ❑ San"ary Sewer jrPump Station / Lilt Station
SPECIFIC location of the SSO (be cormistent in description from past repots or document om - i.e. Amp
Stations, Manhole al WftW a Bragg Street, sick S T.4AMOW? 41,or7 .SwVa•)
Manhole*. .°°. .
Latitude (degreesm'ham#mm� S Longitude (
hrcidernt Startsd Dt %- %'' 22 Tome: �SO h ddwd End Dl - 7-2ez Z Tine: girl
(hh:mrn) AMIPM (mrn�d-]►m►) pnlnmm) AIWPM
Estimated volume of the SM. -1/0O gallons Estiruted DmGon (mend tow hour):
Describe how the vnkarra vm deteerr ne d: .?S' r O ,✓
weather conditions during the SSo event gaii1c 7iWr�ME+Q • geM1
Did the $SO reach surface wow 9 Yes ❑ No ❑ Utft.
Vow reading s Ebm wow : Surface v mtm rnmrne �*Oftk
Did the $8O result in a fish ❑ Yes Jff W ❑ L *m)wn `-(*V J Bt4,vcyJ
If Yes, wharf is tine esfsmbd rom m offah idled? 1►/ A
SPECIFIC amme(s) dens 68O:
9severe mawcommorm ❑ G1 em ❑ ❑bnitaw a baboon
❑Rump 8Mca Equi amd Faihre Wpmw ❑Vanduftn ❑ Debris in line ❑F" FMm (Bna*)
❑Other (Please in Pot 1)
241nour verbal nclfficstioo (mm of person coaadad): CIIA9 Cy
❑OWR Pbumpney Manage..d Data (m "d-y h 7 !!a2Z Tme: (hlrmm AMIPMX ZPIVAV
Per G.S.143 21 &1 C(bk ft ounar or aparabr of OV wastrAv ar collection system 8W:
In the event of a discharge of 1,000 gallons or more Of uryIFORW waslawaler to the surface craters of the State, issue
a press release to all prim and abdmrnic news media that provide general courage to the oarn y where tine
disdhauge Occurred semrrg ad the detar7s of the d wtmrge. The Press release shoe be issued wdW 24 hours 8W
the owner or operator has detarnrirned that Itne dwhaW has readied surface wows of the Ste.
In the event of a drsdharga of 15,QOD gawcns Or more of uftaaled washmder to the surtaoe was of the State,
occurs a In a of � �p in a newspaper hmk g ge�I won n the county In which Una d�sdna t&.
!► dam"Umm flan the point of disdurge that is s ommngy atfaded by the d�ga The
Regional Olfiae shall detemhhw which cmmWs are an
signifwm* affkbd by the deWharge d shall approve the tarn
and content of the notice and the newspepom in vg* h the notice is published.
Form CS-SSO P"C I

C
Describe the "severe natural condition- in detail:
SE�c� 9.9lG✓wJ 6�/'7�� ,Y/irk .t�I.v� ,r�Es/vy ,�✓ �G/so+P��wv6
.f4fte i4st!AM
How much advance warning did you have and what actbns were taken in prepanstion Tor the ever47 c/(� Ir i�til�sl.lJ
7A' VY "FO OP. .
S
A*i6'O IV%rf A&& 4140WVA4 OIOPs I.v;Mr---AW
Farm CS-M
~6p
Page 3

Pow Outage mll 1 oof y U Lx d e... shoulg •l •ILm v • _e• •] = 1 = li _ .l = Dc"r spum umn
1=a! .i7
What is your afternale power or pumping source?
Did it function properly?
WYes ❑ No ❑NA ❑ NE
Describe? * Ne- m6ee -,v 4E7 1a AO SO i 60*0 �Jlo
When was the altemate power or pumping s xm last tested under toad? /922-
if caused by a weather event, how much advanoe warning did you have and what scions were taken to prepare for the
event?
— — -
comments: s a[w9 X&~60 7d At XIL)
�16, Lw cm
Ire /a✓ �4.v,r Lo�'1im✓ �'7 l
it A�Od *111tf AOW700e- A44eA y,Vel AW., 7ir� Fnw�
-T,flelfes.
Form CS-SSO Page 8

ORC cryes ❑ No
Badup ❑ Yes ❑ No
Name: -7-A-/& C-
Ceffmalm Number.
Date visited:
Time visited: 9�7
How was the SSO rwnedkftd QJa. Stopped and deaned up)?
7A7 *6qr-dr/,7,oW &A A AWf- Dr'-,04
TAs 4r-AW J4WY ata AO
e*Y#KL �tP�4e0't Q 9�liL 7o J s
A`k7cr .r«da d
Person fiUbN Hng daim: I c�
sigraltUM9
Tok9hons Number
aw,—"/-AO7 _)4VMwe, 4,,va.r
' *�W AVe !tv[o CU7 rAvo
Air AF1 /7 �,r/
Tide: Aye, S
- A1,P4A&nc4vr.a?
Any aMMonai inlbnnation dwhiad to be submitted should be sent to the appropriate Dhridw RegixW olf= within titre
busbuss days of first k v*tpdge of the Sao vft mboonce to the incident number Mw incWw rmmber is orry generated
when deamfk entry of tfds term is mmPk". N used).
7�0 7at4vs fi&uwe oA097. Ao1W .PNMAeW .WAbffto, ilre �,,Vo
Farm CS-SSO Page 13

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/Ne'le4l.> .?o's x 0 /0 7/
Town of Clayton
ClWworks Work order
WORK ORDER ID•
4s9a
Work to be Performed:
PS overflow Event
status:
8 — Waiting to be Ciose4
Date Initiated: 7/7/2022 8:50:00 PM
Initiated By: Blalock, James
Projected Start Date: 7/7/2022 8:50:00 PM
Submit To: Blalock, James
Projected Finish Date: 7/8/2022 8:50:00 PM
Date Submit To: 7/7/2022 8:50:00 P
ctuall Start Date: 7/7/2022 8:50:00 PM
Priority: Mediu
Actual Finish Date: 7/7/2022 11:00:00 PM
Address or Intersection: Multiple Lift Stations
Location Details: Overflow event at Starmount S
Asset:
lEntity Type K2cation
PUM PSTATION ARMOUNT
Instructions:
Complete Custom Field.
Comments:
By Blalock, James : 7/11/2022 5:30:04 AM
Due to severe storms that popped up, the entire entrance to Starmount subdivision was blocked by fallen
trees which In turn tore power lines down feeding the subdivision and the lift station. There were two huge
trees at the end of Lake Dr. blocking our access to the station, we were not allowed to dear the trees out of
the way until the Electric Department arrived onsite and confirmed that the primary power lines were In fact
de -energized. Once they were able to do that, we then proceeded to cut the trees and make a path for the
truck and generator. Once we got the generator hooked up, the spill stopped. Jake Kyer called me at 850pm
and informed me that the station started the overflow. All crews worked diligently to avoid this from
happening, however, safety protocols take priority. The generator was hooked up and running at 949pm.
Labor:
Employee
Hours
Start Date
End Date
Blalock, James
5.000000
/7/2022 8:30:00 PM
/8/2022 1:30:00 AM
Troll, Dylan
4.000000
/7/2022 8:30:00 PM
/8/2022 1:30:00 AM
-CaIlihan, Tim
6.000000
7/7/2022 11:30:00 PM
/8/2022 1,30:00 AM
Harvey, Mathew
.000000
/7/2022 7:30:00 PM
/8/2022 1:30:00 AM
Materials:
Part Number Description Units Account
Equipment:
D
Description
ours
9
9-2021 Ram 2500 4x4 Pickup
r5.000000

89
89 - 2021 Ford F150 4x4 i6.000000
75
75 - 2015 Ford F-250 PU Trk
6.000000
702
702-1994 Kohler Port Generator 80KW
6.000000
Cost:
Labor
Materials
IlEguinment
549.94
0.00
612.00
Custom Fields:
rm Field Name
ustom Field Value
wiciaitilon
tarmount S
ncldent #
02201071
NOV #
022-DV-0230
se #
MH #
oiume Estimated gallons
100
Did it reach the surface?
ES
olume Estimated Surface
100
use
wer loss by down lines and trees
urce
Lift station
Repairs
THEIR

MWOn of Water 111100=0
PART 1:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
This form shall be submitted to the appropriate DWQ Regional Office within five business days of'tge first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00110 (WQCS# if active, otherwise use WQCSD#)
Facility: Clayton Collection System Incident #: 202201187
Owner: Town of Clayton
City: Clayton County: Johnston
Region: Raleigh
Source of SSO (check applicable): [l Sanitary Sewer [] Pump Station 1 Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): 850 South Lombard St
Manhole #: 148
Latitude (Decimal Degrees): 35.6444
Longitude (Decimal Degrees):
-78.46"
Incident Started Dt: 07/27/2022 Time: 12:37 am Incident End Dt: 07/27/2022 Time: 02:11 am
(mm-dd-yyyy) (hh:mm AM/PM) mm- -yyyy (hh:mm AM/PM)
Estimated Volume of the SSO: 95,900 gallons Estimated Duration (Round to nearest hour): 1:34 hours
Describe how the volume was determined: Known flow to plant, avg daily flow times 90% for duration
Weather conditions during the SSO event: hot & humid
Did SSO reach surface waters?
Surface water name: Little Creek
R1 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 75000
Did the SSO result in a fish kill? 21 Yes ❑ No ❑ Unknown If Yes, what is the estimated number of fish killed? 150
SPECIFIC cause(s) of the SSO:
0 Other (Please explai
24 hour verbal notification (name of person contacted ). Alys K Hannum
0 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 07/27/2022 Time (hh:mm AM/PM): 09:20-00 am
If an SSO Is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director. Pivision of Water Resources may take enforcement action for that are reguired to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page: 1

PART 11:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Other (Please explain in Part 111
Describe:
Contractor workina on a one of the main lines for the Towns CIP Protect entering the WWTP had a bygass 12urnp failure.
The secondary purnofailed to start as well. The Pump watch gersonnel found the s i I and notified the town.
Were adequate equipment and resources available to fix the problem? 2 Yes No NA ❑ NE
If Yes, explain:
The contractors um watch personnel were able to get the secondary pumpto start Dumping ultimately sta in he soil
The Town mobilized 2 vactrucks, and multiple employees to capture all standing sewer and two pumps to flush the creek
and capture most of the discolored water.
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
n1a
Comments:
nla
System Visitation
ORC Yes
Backup ❑ Yes
Name:
James Blalock
Cert#
1002021
Date visited:
07/27/2022
Time visited:
02:50 AM
How was the SSO remediated (i.e. Stopped and cleaned up)?
Once the town was notified, we brought two vac- trucks to clean ug the standing sewer. The pump watch contractor a
able to get the secondary um start and it stopped the spill. The gump contractor re laced the primary J)umpto
alleviate anymore fallurgs. Town crews sg_rnd lime on affected area& _ We also walked Little Creek to determine the ext
of the spill, we then took two of our portable bypass pumps and um d out of the creek and into the collections s stem i
multiple areas all of the discolored water and then flushed the creek with dechlorinated water from two upstream fire
hydrants and continued to pump out of the creek until discoloration associated with the spill was removed. The Town's
engineering department will be sending out an official icetter to the contractor about this incident
CS-SSO Form page: 2

As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: James Ernest Blalock Date: 07/27/22 09:20 am
Signature;
Telephone Number:
fir, AV Ai'sa es
Title: A4AC6- 4effx/,y gidlEyT
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of i
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 3

Month
Monthly.Q12eiration She
7; y Year: 2022
ORC
INF.
EFF.
Net. Eff.
Operator
Onsite
Time On
Flow
Flow
Reclaim
Flow Rainfall
Thickener
Date:
Start Time
Y/N/B
Site Hrs.
MGD
MGD
Flow
MGD Inches
MLSS I Return MISS
Flow I.
Turbidty
i•a�
1. s
9�
o
, os
3
�,
1• a►�
:
a
o
G
t.o
4
S
6
1. sl
! •
= y
4 AZO
0 730
1-355.
974190
Sh o
O
s
69,96
y7T
a
o
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IOPERATIONSIPUBLIC WORKS DEPTIWWTP1Water Reclamation Information\Monthly Operations sheet 2022BIank.xlsx

State of North Carrot w
Departnma of FAvhvnmautat Quality
Dhidon of Water Resoarca
Dlvlslon of Water Resorerees Colfeetiarr Sysle� Sarotary Sewer Ovadbw Repmlkg Farm
rwwm CS-SSO
PART 1:
This form shell he submitted to the appropriate OWR ReWW OfficeMM ft Mulnew donof" first knowledge cd the
san t "sewer aNeril w M%
Permit Number.:N S DO//D ( CKM if active, dherwise use Wes)
Facaty of -1 incidents:-�b=20//?7 owner o vw OF 6,fYr&.i
Region: t Eig Al may_ C'tA / ry Comfy gHAan j
Source of SSO (check applicable): ff Sanitary Saver ❑ Pump Station / Lilt Startlon
SPECIFIC location of fhe WO QM cOnSIVI of in desc"M torn pest reports or domm ion - i.e. Pump
Stollen 6 Manhole at WeeM 8 BMW Sheet ste x ftr a rLoA,rto -0
Manholes: M a AX f �l►,f�?yOG
Mode WOW
Incident Started Ot '%?'7.�a72 Tow
(nwHm►ll►)
(ftMrn) AMPM
Estimated volume of the SSD: — 5tC 00 gown
Desalbe how Sue volww vras dam: APM Aloe pq
weather conddfans daft to 880 gym*
Did the 880 Mach wdeoe vmbm?
0 Yes
Longue ( x _W.. y4 ys7
Incident End Dt 7 ?7-Apr: Tkne: m 2 //.ant
(»mi)
(hhm=) AWPM
Esfim Bled Durr6an (round to nearest hourx/�hoW es)
❑ No ❑ mknown
Vairme readying surteoe waters: Sirrhioe water nacre: _ 41 7z
Did the SW nesu* it a fish UP fiVes ❑ No ❑ unimown
If Yes, whet is the estinalrad number of lush kited? AV -m /
SPECIFIC causes) of the 880:
❑severe NOMM CAnddors ❑ Grease ❑Roofs ❑htf W & Nan
❑PMW Stallion Equipment Faihae ❑ Power outage ❑Yarda urr ❑ osbria in tine OFVe Failure (enm*)
0other (Please eVkdn in Pert n)
24-hour verbal mersDubon (name ail person contacded): Al.(" /'sAova vv
gMVR ❑EmeWncy mumMMeM DOW (mnt ddIM:0747 MA The (hhmm Alffn Q 9�
Per G.S.143 215.1 C(b), the writer or operabr of mry wustewMar, erection ristem BW:
In the event of a discharge of 1,f M gallons or more of unheated waslausbr to the surface waders of the Stale. issue
a Press n to all Print aM shwbur>ic news MGft that Provide general cmverage In to mrdy where the
dbdmwp accurred setuug out the delift of the du*mge_ The press release shall be issued wilhin 24 hours after
the owner or operafor has determined that the drsaherge has reached surface waters of the Slate.
In the event of a dbchurga of 15,000 galons ar more of uudrealM wasbwatsr to the suiaoe wMan of the State,
publish a notice of the cbdmW in a newspaper having general droulmicn in the county in which the
occurs and in each a xa* downstrown from the point Of discharge that is signffica * affealed by the dinliarge, The
Regional office shall deknub a which counties we skndkm dy a>feci eel by the dMdwp aM shall appmo the form
and content of the notice and the newspapers in which the notice is pLhMd ed.
Form CS-SSO Page l

r_F"n -77717i. _!■ ,5=� = I ■_ - ■ •mil 1=■ =r-
Were adequate equiprrrent and resources available to fix fhe problem? ❑ Yes No ONA ❑ NE
If Yes, explain:
9 the problem could not be immedialsly repaired. whet actions Yes ❑ No QIVA ❑ NE
were taken to lessen the hrrpaOt of the SSO?
Comments:
Form CS-SSO
Page 11

ORC
.WYOS ❑ No
Bodw ❑ Yes ❑ No
Name: ZWN— I s E 8CA4ce
Certification Number. /G1d.702/
Date visited. d 9-o97-ZOZ Z
Time visited: 4.9-4p 401
HOW was the SSO remedk tad (i./e. Stopped and deaned upp
Person Ong aW nv:
Sionsture:
Telephone Number
Any additi"W infon wUOn deair 0 to be wwTftW should be son
business days of ON laowladge of the 880 wllh nftwoe to the
when electonic entry of this faun is completed. N used).
Tttle:
kwWw t mmdw phe(!he l Fill' mlMbw is o* geaeat9d
Fotm CS-SSO Page 13

= I

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zNero&j7 *10220//87
Town of Clayton
C1*wor1cs Work Order WORK ORDER
Work to be Performed:
Overflow Event - Manhole status:
8 -- Waiting to be Closed
Date Initiated: 7/27/2022 10:12:57 AM
Initiated By: Norris, Stephen
Projected Start Date: 7/27/2022 10:12:57 AM
Submit To: Blalock, James
Projected Finish Date: 7/28/2022 10:12:57 AM
Date Submit To: 8/1/2022 6:25:42 AM
all Start Date: 7/27/2022 1:25:47 AM
Priority: Emergent
all Finish Date: 7 27 2022 3:30:00 PM
Address or Intersection: 850 S Lombard St.
Location Details: UI TLE CREEK OUTFALL, MH #148 & #2406
En titv Type
Location
MANHOLE
LrME CREEK OUTFALL
MANHOLE
HWY 42
GRAVITYMAIN
HWY 42
GRAVITYMAIN
HWY 42
ISSGRAVITYMAIN
ME CREEK OUTFALL
Instructions:
Complete Custom Field.
Comments:
By Norris, Stephen : 7/27/2022 10:12:57 AM
Called in to clean a sewer main blockage. Turned out to be a malfunction in a bypass pump owned by Rain for
Rent. Turned Into a sanitary sewer overflow.
By Norris, Stephen : 7/27/2022 12:34:58 PM
We (Town of Clayton) were notified of the sewer overflow at 1:06 am on 7/27/2022 by Johnston County
Emergency Services (911). When James Satterwhite and myself(StephenNorris) arrived we found sewer
running out of 2 manholes in the construction zone.I observed where the flow was going and we determined
one of Raln for Rent pumps was not pumping. Also backup pump wasn't on for support. We turned on the
backup pump as it should have been on and within 1 minute it pumped It down so the spill ended at 2:11 am.
I called in my Superintendent,James Blalock,fellow co-workers Dylan Carroll,Jake Kyer,Chrisdan Holder and
Mat Harvey. We started cleaning up the area with both of our Vactor trucks (704,851) until truck 704 broke a
hydraulic hose. We hauled 5 full loads of reclaimed sewer to our waste treatment plant. We. Then limed all
areas to neutralize the sewer: We also pumped out the creek in 3 specific locations and put it back into our
sewer collection system.
By !Norris, Stephen : 8/1/2022 6:25:19 AM
Byron did the hours paid on this.
Labor:
Employee
Hours
Start Date
End Date
Ilihan, Tim
6.000000
7/27/2022 6:00:00 AM
/27/2022 12:00:00 PM
Brady, Kyle
1.500000
7/27/2022 8:30:00 AM
/27/2022 10:00:00 AM

Poelman, Byron
4.000000
7/27/2022 7:00:00 AM
7/27/2022 11:00:00 AM
Jessup, Travis
3.000000
7/27/2022 8:00:00 AM
7/27/2022 11,00:00 AM
Snead, Chris
1.000000
7/27/2022 7,00:00 AM
7/27/2022 8:00.00 AM
Thompson, Lance
1.000000
7/27/2022 7:00:00 AM
7/27/2022 8:00:00 AM
Satterwhite, .lames
4.750000
7/27/2022 1:25:00 AM
7/27/2022 6:00:00 AM
Satterwhite, James
2.000000
7/27/2022 6:00:00 AM
7/27/2022 8:00:00 AM
Harvey, Mathew
4.000000
7/27/2022 2:00:00 AM
7/27/2022 6:00:00 AM
Blalock, James
5.500000
7/27/2022 1:00:00 AM
7/27/2022 6:00:00 AM
Blalock, James
9.000000
7/27/2022 6:00:00 AM
7/27/2022 3:30:00 PM
Carroll, Dylan
9.000000
7/27/2022 6:00:00 AM
7/27/2022 3:30:00 PM
Carroll, Dylan
4.000000
7/27/2022 2:00:00 AM
7/27/2022 6:00:00 AM
Holder, Christian
4.000000
7/27/2022 2:00:00 AM
7/27/2022 6:00:00 AM
Holder, Christian
9.000000
7/27/2022 6:00:00 AM
7/27/2022 3:30:00 PM
Norris, Stephen
4.500000
7/27/2022 1:25:00 AM
7/27/2022 6:00:00 AM
Norris, Stephen
9.000000
7/27/2022 6:00:00 AM
7/27/2022 3:30:00 PM
Kyer, Jake
4.000000
7/27/2022 2:00:00 AM
7/27/2022 6:00:00 AM
Kyer, Jake
9.000000
7/27/2022 6:00:00 AM
7/27/2022 3:30:00 PM
Poelman, Byron 12.000000
7/28/2022 9:00:00 AM
7/28/2022 11:00:00 AM
Materials:
Part Number
IlDewmiption
Unift
Account
nsite Hose, repair 704
1.000000
Eauioment:
D
bescription
Hours
51
51-Vactor Truck
4.500000
04
04-2020 Western Star Vactor 2100E
2.000000
9
89 - 2021 Ford F150 4x4
4.000000
9
9-2021 Ram 2500 4x4 Pickup
14.500000
07
707 - 2021 Dodge Ram 4x4 Utility Body Service Truck
13.000000
5
75 - 2015 Ford F-250 PU Trk
13.000000
3
73 - 2019 Ford F250 4WD
13.500000
10
10-2006 Premier Portable 4" Pump
3.500000
11
711 - 2006 Godwin Portable 4" Pump
4.500000
02
802 - 2015 Alimand Night Light Pro - Tower
3.5000DO
19
719 - Ford Transit XL
1.500000
52
52 - 2021 Chevrolet Sllverado 4x4
4.000000
54
54 - Peterbilt
3.000000
14
017- Excavator Trailer
3.000000
28
28 - CAT 304 Excavator
3.000000

231 2022 Chevrolet 3500 2WD Utility Body - I1.000000
i
Cost:
Labor
IMaterials
E ui ment
2,889.66
248.88
3,283.00
Custom Fields:
Custom Field Name
ustom Field Value
Location
MH# 148 & 2406
r ddent #
D2201187
NOV #
022-DV-0230
se #
H #
148
lume Estimated allons
II
5900
d it reach the surface?
ES
lume Estimated Surface
5000
use
ontractor bypass pump failure
urce
Ilection System
rR—epairs
PAIRED

TOWN OF CLAYTON
Engineering Department
111 E. Second St., P.O. Box 879
Clayton, NC 27528
Phone: [phone]
Fax:[phone]
July 29, 2022
Mr. Nick McKeel - President
Providence Construction
314 E. Main Street
Clayton, NC. 27520
Subject: Little Creek Otrtiall Replacemew Prajed
Sanitary Sewer Overflow #4 — Wo&w&y July 27, 2022
DEQ Incident # 202201187
Dear Mr. McKeel,
At approximately 1:03 am. on Wednesday, July 27, 2022, Town of Clayton (Town) staff received
notification from Johnston County 911 of another sanitary sewer overflow (SSO) at S. Lombard Street as
part of the Little Creek Sanitary Sewer Outfall project where Providence Construction is under contract for
work replacing, relocating, and upsizing sanitary sewer infrastructure. A substantial overflow occurred
from the overflow of (2) - two manholes (TOC-MH #2406 and #148). Rain for Rent, the bypass pumping
subcontractor for Providence Construction, reported the overflow, based on primary pump failure, at
approximately 12:30 am. Upon Town staff arrival to the site and upon initial conversations, it was
determined that the primary cause of the spill was failure of the primary pump located at TOC MH 2406
along with the secondary back up pump not starting upon the primary failure.
Upon investigation by Town staff, there was a total loss of 95,900 gallons of untreated wastewater with
much of this amount reaching Little Creek and the surrounding area. Town staff responded to the site at
approximately 1:35 am. to begin clean-up efforts and conduct further investigation related to the overflow.
Due to the extent of the overflow, Town staff mobilized its (2) pump trucks in addition to numerous Town
employees, trucks, equipment, and resources to assist in the clean-up effort. While not discounting the
seriousness of the overflow or the burden of responsibility on Providence Construction, the Town is aware
Providence Construction crews and/or equipment were utilized to assist in mitigating damages.
Per North Carolina G.S. 143-215.1c (1), the Town of Clayton is required to report any discharge of
untreated wastewater to surface waters and to issue a press release if the overflow is equal to or greater than
1,000 gallons. Additionally, per North Carolina G.S. 143-215.1c (2), the Town of Clayton is required to
post a notice in the newspaper in the county in which the loss occurred as well as every downstream county
anticipated to be significantly impacted as determined by the Secretary. In accordance with statutory
requirements, a press release was issued, and a public notice was posted in Johnston County by the Town
on July 27, 2022.
Section 01270 "Unit Prices" Part 1.20, "By -Pass Pumping of Sewage" Subset "C" of the Contract states
that the contractor (Providence Construction) shall be responsible for sewage spills that occur during the
bypass pumping. This provision is also set forth in the Supplementary General Conditions, paragraphs SC-
7.10 F, G, & H. You may also refer to Addendum No. 2, Section "C" Drawing Requirements, Subset la.
dated January 27, 2021, which states "Bypass Pumping shall run 24/7. Contractor is solely responsible for
means and methods of maintaining by-pass pumping" as well as Section "D" which states "There is one
approach to the by-pass pumping included in the Drawing. The Contractor may provide their proposed plan
if different than provided." Furthermore, the contract documents require 2417, uninterrupted monitoring of
the operational pumps. Based on the Town's initial investigation and record, this is the fourth such instance
in which similar violations of the Contract terms have occurred.

This letter is formal notice to Providence Construction of responsibility for all fines, violations, impositions,
and any obligations set forth and/or levied by State or other local authority as well as the cost of resources
utilized by the Town to clean up the spill. Furthermore, Providence Construction is to assume full
responsibility for its actions relative to this matter. Upon receiving a formal response from the State
regarding any fines to be imposed upon the Town of Clayton, the Town will provide an itemized cost
summary to Providence detailing charges incurred for mobilization, materials, equipment, and work
performed by its staff to correct the incident as well as the cost of any assessed fines. Payment of the
invoiced amounts shall be due within thirty (30) days of receipt from the Town if notice from the State has
not been received prior to submission of the final pay application, the Town may withhold final payment
until any fines have been resolved.
The Town requests a formal written response from the President of Providence Construction be submitted
within five (5) business days from receipt of this letter, detailing how this malfunction/incident occurred,
how the incident was resolved by Providence Construction and its subcontractor, and what measures will
be implemented to ensure this type of incident does not happen again. As the permit holder for the collection
system, the Town is responsible for its collection system and must hold all contractors and/or their sub-
contractors accountable for their actions, or lack thereof, as it relates to work performed on said system.
Please be advised, this overflow and loss of untreated wastewater is the ftiurih mctdemt since the start of the
project. Considering this fact, no time extensions will be granted due to this incident with the Town being
prepared to assess any liquidated damages provided the project is not completed per the ICT listed in the
contract documents. It is the expectation that your immediate attention and consideration be given to this
matter as requested. If you have any questions or if further clarification is needed, please feel free to contact
me at [phone].
Sincerel ,
Jonathan K. Jacobs, PE
Assistant Town Engineer
Town of Clayton
Cc: Rich Cappola, PE, Interim Town Manager
Lee Barbee, Interim Deputy Town Manager
Joshua Baird, PE, Engineering Director
Byron Poelman, Water Resources Director
Don Gantt, PE, The Wooten Company
Chris Rowland, Construction Project Administrator
James Blalock, Water Resources Maintenance Superintendent
Bill Simpson, Water Reclamation Superintendent

r4-.
PROVIDENCE
1
August 15, 2022
Jonathan Jacobs
Town of Clayton
111 East Second Street
Clayton, NC 27520
Re: Little Creek Sewer, Outfall Bypass Pump Failure
Mr. Jacobs,
I am writing in response to your letter dated July 29, 2022 to address the concerns from the Town of
Clayton on the bypass pumping at Little Creek Sewer Outfall. As you are aware the failure happened at
the TOC MH # 2406 on July 27, 2022. Once the failure was reported, both the Town of Clayton and
Providence Construction responded to the situation to mitigate the overflow and assist in cleanup.
I have attached a detailed report from Rain for Rent on the sequence of events that happened on July 27,
2022. The overnight watch reported the overflow and notified associated parties, while also trying to
contain the overflow. It was determined that the primary pump blew a mechanical seal, causing the
pump to lose suction pressure. The floats on the designed float tree did not engage the backup pump and
appeared to not be working properly due to wear and tear. A new primary pump was immediately
brought onsite to replace the primary pump with the seal issue. The float tree was also replaced with
new floats.
As of today, all bypass pumping has been removed from the project and the project is days away from
being substantially completed. There will not be any additional bypass pumping required, which will
eliminate the risk of this happening again.
Please let us know if you have any questions or would like to discuss in more detail. As previously
mentioned, I have attached the Rain for Rent documentation to this letter. Providence Construction
takes these occurrencances very seriously and is committed to having a successful project.. We
anticipate being substantially complete in August 2022.
Sincerely;
f mx-
Nick Mckeel
President
Providence Construction
114 W Main St, Clayton, NC 27520 1 919-726-3206

r4lo
PROVIDENCE
1
Cc: Chris Rowland (Town of Clayton)
Don Gantt, P.E. (The Wooten Company)
114 W Main St, Clayton, NC 27S20 j 919-726-3206
r4l.

July 27, 2022
Paul Smart
Providence Construction
114 W Main Street
Clayton, NC 27520
_ . 4 6101 Office Park Drive, Suite 10o
Bakersfield, CA 93309
RE: Little Creek Outfall Sewer Line Replacement Project Incident
Mr. Smart:
This sequence of events is regarding the incident that occurred during the Little Creek Outfall Sewer
Line Replacement Project on Thursday, July 27, 2022, at the Clayton Water Reclamation Facility
(WRF) in Clayton, NC, resulting in a sanitary sewer overflow.
Pump watch began at 5:00 PM on Tuesday, July 26, 2022, by Maintech.
Sequence of events below provided by Maintech owner Dana Howe and confirmed by Rain for Rent:
• 12:17am - Maintech owner Dana Howe received call from Tracy (night shift pump watch)
indicating discharge manhole was overflowing on bypass beside storage facility
• 12:20am - Called Alex Ruiz with RfR to let him know what was happening
• 12:26am - Called Tracy back and told him to shut the primary pump off discharging into the
manhole. Overflow stopped at this point.
• 12:33am - Called Dario Catallo for an update and let him know I was on the way to job site.
Confirmed he was ok with me calling James Blaylock at Town of Clayton for an update
• 12:37am - Called James Blaylock and left a voice mail indicating spill
• 12:39am - Verified pumps were off at bypass at storage facility and sewer wasn't coming out
of manhole. Tracy confirmed it stopped overflowing when he shut the pumps off at
12:26a m.
• 12.47am - Called Dario and let him know I was on the way to the job.
• 12:49am - Spoke to Tracy about both bypasses and confirmed primary pump on original
bypass in field was running. Tracy indicated level in manhole at storage facility was rising,
I told him to leave pumps off.
• 1:07am - Left voicemail for James at Clayton to give an update and let him know I was 10
min from job
• 1:15am - Onsite and began to access layout. Alex pulled in behind me and indicated he had
gotten Claytons emergency contact number and spoke to dispatcher requesting vac
trucks.
• 1:30am - Steve with Town of Clayton arrived, and we began pulling manhole lids to identify
source of backup
• 1:45am - Found primary pump on original bypass wasn't pumping, started back up pump
and began pulling water level down immediately. Began trouble shooting primary pump
not priming with Alex and found no definitive issue. Alex and Dario determined pump
would be swapped in the morning

L-___
5101 Office Park Drive, Suite 100
Bakersfield, CA 93309
• 2:25am -Bypass by the storage building was turned back on. No visible spill from suction
manhole at this location. Original bypass was left running with the backup pump running
manually
• 2:3Oam -Began assisting Town of Clayton with cleanup efforts
• 8:30 am - Rain for Rent installed replacement primary pump
It was determined the primary pump blew a mechanical seal, causing the pump to lose suction
pressure. The floats on the designed `float tree" did not engage the backup pump and appeared to
be not operating due to "wear & tear".
If you have any questions regarding this incident, please feel free to contact me at
Sincerely,
Dario Catallo
Branch Manager

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Related Permits CS Details Comments
Details 1 Details 2 Billing
Permit: CS00110
History inspections r Incidents
ClassJDesig. Events
Version: .0
Enforcements r Violations
Reg. AdMties rAffiliations
Status:
Permit Type: Collection system management and operation
Permit Classltic ation: individual Primary Related Permit:
Program Category Non -discharge Admin Region: Raleigh
Facility. layton Collection System ~ _ Qetaiis_._ County: , oh n
Owner own of Clayton Details.,, Project Type: Renewal
— Dates —
Issued: 1110&2015 Orig issued: 11N212002
Effective: 110112019 Statutory: 0241=15
Expire: 1MI12024 Inactive:
SOC: Details...
Last Updated Byteve.lewis
❑✓ Major Permit
❑ Has Subsurface Drains Irai
0 New Farm Q Existing Farm Farm #
❑ Innovative Avail. Acres
❑ Rainbreaker Device
❑ OIC Present
Last Updated On: 11/1/2016 2:07 PM