NC0083275_return_20230731

DocuSign Envelope ID: OD94B771-OE12-452E-AC95-8F98F3D63lE5
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JP,.
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL ITEM 7018 1830 0001 8036 8066 — RETURN RECEIPT REQUESTED
7/31/2023
Ms. Janet Mason
City Manager
P.O. Box 728
Forest City, NC 28043-0728
Subject: Return of permit application / permit termination
NPDES Permit NCO083275
Harris Plant WWTP
Rutherford County
Dear Permittee:
The Division last issued NPDES permit NCO083275 to the Town of Forest City for its Harris
Plant WWTP on November 24, 2014. NCO083275 became effective on January 1, 2015 with an
expiration date of December 31, 2019. The Harris Plant WWTP is, according to the permittee, a
"mothballed" plant that has not been operated in over fifteen years
As set forth in the Permit, Forest City was required to obtain an Authorization to Construct
permit from the Division prior to operating and discharging from the facility. 15A NCAC 02H .0138 (a)
(3) states:
If an Authorization to Construct has not been applied for in accordance with the
requirements of the NPDES permit during the term of the permit, the permit shall be
considered void upon expiration and future actions shall be considered as a new
application.
The Division did not receive an application for an Authorization to Construct during the term of
NPDES permit NC0083275. As a result, Forest's City's NPDES permit became void on December 31,
2019 by operation of law, specifically 15A NCAC 02H .0138 (a).
As indicated in the Division's letter to you, dated May 27, 2020, the Division requested
additional information from the Town of Forest City to proceed with reviewing the Town of Forest
City's renewal application that was submitted in 2019 as an application for a new NPDES permit. To
properly review an application for a new NPDES permit, the Division's letter required the submittal of
North Carolina Department of Environmental Quality I Division of Water Resources
D � �
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOFni CA NA
919.707.9000

DocuSign Envelope ID: OD94B771-OE12-452E-AC95-8F98F3D631E5
Permit NC0083275
Page 2
an updated Engineering Alternatives Analysis (EAA). The Division never received the EAA that was
requested in May 2020. As such, we are returning your permit renewal application as incomplete
pursuant to 15A NCAC 02H .0107 (b) (1).
The Town of Forest City no longer has an NPDES permit for its Harris Plant WWTP. NPDES
permit NC0083275 has been terminated. No wastewater may be discharged from the facility. However,
you may apply at any time with a complete application for a new discharge permit, should the facility
acquire a new tenant and become operational again.
If you have questions concerning this matter, please contact Charles H. Weaver via e-mail
[[e-mail]. gov] .
Sincerely,
DOCUSigned by:
8328B44CE9EB4A1...
John E. Hennessy, Supervisor
Compliance and Expedited Permitting Unit
Division of Water Resources, NCDEQ