NC0060526_LV-2023-0328 Civil Penalty Folder_20231215

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ROY COOPERW'
Governor +
ELIZABETH S. BISER`
Secretarya'
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7020 3160 0000 4115 0653
Return Receipt Requested
December 15, 2023
Albert E Finley
Pope Industrial Park II Ltd Partnership
PO Box 97215
Raleigh, NC 27624-7215
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES WW Permit No. NCO060526
Pope Industrial Park II Ltd Partnership
Pope Industrial Park WWTP
Case No. LV-2023-0328
Wake County
Dear Mr. Finley:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $423.68 ($333.00 civil penalty
+ $90.68 enforcement costs) against Pope Industrial Park II Ltd Partnership.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Pope Industrial Park II Ltd Partnership for the month of August 2023. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit
No. NC0060526. The violations, which occurred in August 2023, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Pope Industrial Park II Ltd Partnership violated the
terms, conditions or requirements of NPDES WW Permit No. NCO060526 and G.S. 143-215.1(a)(6) 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 CaroRnaDrpartmenlofEnOmtmcmlalQ�01[rvIDivislonoSWater Resources
Raleigh Reglonal 04flce 3800 tlarrctt Drive I Raklgh. North Carolina 27601
d+� �� ggl4l.4200

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, Vanessa
Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Pope Industrial Park II Ltd Partnership:
3$ 33.00 1 of 1 violations of G.S. 143-215. 1 (a)(6) and Permit No. NC0060526, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg. Q
- Concentration
0.00 0 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0060526, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 De_
Q - Concentration
333.00 TOTAL CIVIL PENALTY
90.68 Enforcement Costs
423.68 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. 14313-282.1(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:
(I) 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 inchide 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:
Wastewater 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 14313-282.1(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 "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearin and Stipulation of Facts" form within thirty days ofreceipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing 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 § 15013-212) 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 rding the filing fee andior 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
dateitime 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 Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at kevin.fowlerra;deq.nc.gov.
Sincerely,
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfische

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2023-0328 County: Wake
Assessed Party: Pope Industrial Park II Ltd Partnership
Permit No.: NC0060526 Amount Assessed: $423.68
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. 14313-282.1(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 f aure 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 WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Pope Industrial Park II Ltd Partnership )
Pape Industrial Park WWTP )
}
PERMIT NO. NCO060526 } CASE NO. LV-2023-0328
Having been assessed civil penalties totaling $423.68 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 15, 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 must 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 720
SIGNATURE
ADDRESS
TELEPHONE

PERMIT: NCO060526
FACILITY: Pope Industrial Park WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
8/16/2023 8-2023 GOD, 5-Day (20 Deg.
C) - Concentration
8/31/2023 8-2023 GOD, 5-Day (20 Deg.
C) - Concentration
ATTACHMENT A
Pope Industrial Park II Ltd Partnership
CASE NUMBER: LV-2023-0328
REGION: Raleigh
COUNTY: Wake
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
Weekly
Weekly
mgll 7.50 18.6 148.0 Daily
Maximum
Exceeded
mgll 5 5.84 16.8 Monthly
Average
Exceeded
Penalty
Amount
$333.00
$0.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Pope Industrial Park 11 Ltd Partnership
Facility Name: Pope Industrial Park WWTP
Permit Number: NCO060526
County: Wake
Case Number: LV-2023-0328
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;
No documented damage to the environment, public health or private property. However, discharging effluent
exceeding permit limits increases risk of adverse impacts to waters of the state.
2) The duration and gravity of the violation.
BOD was exceeded 148% over the daily maximum limit on August 16, 2023.
BOD was exceeded 16.8% over the monthly average limit on August 31, 2023.
3) The effect on ground or surface water quantity or quality or on air quality;
The receiving stream for the authorized effluent discharge is Swift Creek (Lake Wheeler), classified as WS-II1; NSW
in the Neuse River Basin. The effects on water quantity or quality because of the permit limit exceedances include
increased risk to impact waters of the state.
4) The cost of rectifying the damage;
The cost of rectifying the damage is not documented.
5) The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
6) Whether the violation was committed willfully or intentionally;
It is not believed that the violations were 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 5 penalty assessments issued in the past t2 months to the permittee for violations occurring at Pope Industrial
Park WWTP.
8) The cost to the State of the enforcement procedures.
$90.68
. ne-..,_ 6 a IS, Z 4-3
Date
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

L7ocuSign Envelope ID FD390ADD-C930-437F-80EF-38279A422776
ROY COOPER
Covemvr
ELIZABETH S. BISER
5ea etur•y
RICHARD E ROGER5. JR
Director
Certified Mail # 7020 3160 0000 4115 0219
Return Receipt Requested
Albert E Finley
Pope Industrial Park II Ltd Partnership
PO Box 97215
Raleigh, NC 27624-7215
r�;��]
NORTH CAROL_INA
Environmental Quality
October 9, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0694
Permit No. NCO060526
Pope Industrial Park WWTP
Wake County
Dear Mr. Finley:
A review of the August 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 8/16/2023 7.5 18.6 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 8/31/2023 5 5.84 Monthly Average Exceeded
Concentration (C0310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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.
D_E �� Raleigh kcgirulf7Rkr I VWK) L .n• , Ur i•r 1 k 'Agh S.rrh Ca. W.2A,0',

DocuSlgn Envelope ID FD390ADD-C930.437F-80EF-3B279A422776
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business da ►ems after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
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. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Kevin Fowler of the
Raleigh Regional Office at 919-791-4200.
Cc: Laserfische
Sincerely,
�v
DocaSlpned by:
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Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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NPDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0
FACILITY NAME: Pope Industrial Park WWTP CLASS: WW-2
OWNER NAME: Pope Industrial Park II Ltd Partnership ORC: William Edward Lamm
GRADE: WW4, ORC HAS CHANGED: No
eDMR PERIOD: 08-2023 (August 2023) VERSION: 1.0
PERMIT STATUS: Inactive
COUNTY: Wake
ORC CERT NUMBER: 11693
STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
**** No Reporting Reason: ENFRUSE- No Flow-Reuse/Recycle; ENVWTHR- No Visitation - Adverse Weather, NOFLOW - No Flow: HOLIDAY -No Visitation- Holiday
Discharge Monitoring Report - Copy Of Record (COR_NC0060526 Ver_1.0_8_2023.pdf)

PDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0
ACILITY NAME: Pope Industrial Park W WTP CLASS: W W-2
WNER NAME: Pope Industrial Park [l Ltd Partnership ORC: William Edward Lamm
RARE: W W-4. ORC HAS CHANGED: No
3MR PERIOD: 08-2023 (August 2023) VERSION: 1.0
PERMIT STATUS: Inactive
COUNTY: Wake
ORC CERT NU,IMBER: 11693
STATUS: Submitted
SAMPLING LOCATION: DOWNSTREAM DISCHARGE NO.: 001
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"• No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle: ENVWTHR - No Visitation -Adverse Weather; NOFLOW - No Flow, HOLIDAY = No Visitation -Holiday
Discharge Monitoring Report - Copy Of Record(COR_NC0060526_Ver_1.0_8}023.pdf)

NPDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0
FACILITY NARIE: Pope Industrial Park W WTP CLASS: WW-2
OWNER NAME: Pope Industrial Park II Ltd Partnership ORC: William Edward Lamm
GRADE: WW-0. ORC HAS CHANGED: No
eD,MR PERIOD: 08-2023 (August 2023) VERSION: L0
PERMIT STATUS: Inactive
COUNTY: Wake
ORC CERT NUMBER: 11693
STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue)
**** No Reporting Reason: ENFRUSE = No Flow-RcuselRecycle; EN V WTHR = No Visitation - Adverse Weather; NOFLOW = No Ftow: HOLIDAY - No Visitation - Holiday
Discharge Monitoring Report - Copy Of Record (COR NC0060526_Ver_f.0_8_2023.pdf)

PDES PERMIT NO.: NC0060526 PERMIT VERSION: 5.0
ACILITY NAME: Poe Industrial Park WWTP CLASS: WW-2
iWNER NAME: Pope Industrial Park II Ltd Partnership ORC: William Edward Lamm
GRADE: WW-4, ORC HAS CHANGED: No
DMR PERIOD: 08-2023 (August 2023) VERSION: 1.0
PERMIT STATUS: Inactive
COUNTY: Wake
ORC CERT NUMBER: 11693
STATUS: Submitted
SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001
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'*** No Reponing Reason: ENFRUSE = No Flow-Reuse/Recycle: ENVWTHR — No Visilalion —Adverse Weather; NOFLOW No Flom; HOLIDAY - No Visilalion — Holiday
Discharge Monitoring Report - Copy Of Record (COR_NC0060526 Ver_1.0_8_2023.pdf)

NPDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0
FACILITY NAME: Pope Industrial Park W WTP CLASS: WW-2
OWNER NAME: Pope Industrial Park[] Ltd Parinershi ORC: William Edward Lamm
GRADE: WW-4
eD;MR PERIOD: 08-2023 (August 2023)
COMPLIANCE STATUS: Compliant
ORC HAS CHANGED: No
VERSION. 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Inactive
COUNTY: Wake
ORC CERT NUMBER: 11693
STATUS: Submitted
SUBMISSION DATE: 09+28'2023
Electronically Certified by William Lamm on 2023-09-28 17:11:10.893
ORC/Certifier Signature:WiIIiam Lamm Phone # : 2 5 2 2 3 5 4 9 0 0 D a t
I certify that this report is accurate and complete to the best of my knowledge.
The pennittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permitter becomes aware of the circumstances. The written submission shall be made as required by part II.E_6 of the
NPDES pen -nit.
Electronically Signed by Rebecca Manning on 2023-09-28 21:51:46.287
Permittce/Subinitter Signature; ***Rebecca Manning Phonc }:252-235-4900 Dat
Permitter Address: 1212 Transport Dr Raleigh NC 27603 Permit Expiration Date: 02?28-2023
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete_ I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment R
knowing violations.
LAB NAME: Meritech, Inc.
CERTIFIED LAB #: 165
PERSON(s) COLLECTING SAMPLES: William Lamm
CERTIFIED LABORATORIES
I I" 11"6 8V 1311 :11 1XV-81 11:61
Parameter Code assistance may be obtained by visiting https:?:deq.nc.govfaboul diN,isions:water-resources/cdmr/user-docunieittation.
IX916I1I 181110
Use only units of measurement designated in the reporting facility s NPDES permit for reporting data.
* No Flow/Discharge From Site: YES indicates that No Flow:'Discharge occurred and, as a result, no data is reported for any parameter on the DMR for the
entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Pernuttee; If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per i 5A NCAC 2B
.0506(b)(2)(D).
Discharge Monitoring Report - Copy Of Record (COR—NC0060526 Ver-1.0_8-2023.pdf)

PDES PERMIT NO.: NCO060526 PERMIT VERSION: 5.0 PERMIT STATUS: Inactive
ACIDITY NANIE: Pope Industrial Park WWTP CLASS: WW-2 COUNTY: Wake
WNER NAME: Pope Industrial Park 11 Ltd Partncrship ORC: William Edward Lamm ORC CERT NUMBER: 11693
RARE: WW4. ORC HAS CHANCED: No
DVIR PERIOD: 08.2023 (August 2023) VERSION: 1.0 STATUS: Submitted
eport Comments:
he environmental temperature increase, affected the performance of the system resulting on a high BOD of 18.6 mg;L the same date the highest temperature was recorded for
,u ust Period c uivalem to 92.6 Fahrenheit (28.1 Celsius). The ORC brought the system to normal performance increasing the air on the system.

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4f
Manuel. Vanessa
From:
Daniel Sears <[e-mail]>
Sent:
Monday, November 13, 2023 9:47 AM
To:
Manuel, Vanessa
Cc:
Andrew White; William Lamm; wlp.techsupport; Fowler, Kevin G
Subject:
[External] Pope industrial NOV response
Attachments:
NOV Response for August 2023 Violation.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Mrs. Manuel.,
Please find attached the response for the NOV-2023-LV-0694, corresponding to the August 2023 monitoring
Period.
If any questions or comments, please let me know.
Respectfully,
Daniel Sears
Environmental Compliance Coordinator
4700 Homewood Court
Suite 108
Raleigh, NC 27609
Office: 252 235 4900
Direct: 984-365-9155
www.envirolinkinc.com
I `t ki)i I\FN
[AU, DRAWER, IMILEN(E k PROFESSIONALISM
1
g Coo Crn52cP

Finle
COMMERCIAL REALTORS`
November 10, 2023
Mrs. Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation and Assessment of Civil Penalty
Tracking Number: NOV-2023-LV-0694
Permit No. NC0060526
Pope Industrial Park WWTP
Wake County
Mrs. Manuel,
Thank you for allowing the Pope Industrial Park the opportunity to respond to this Notice of Violation
issued October 9, 2023; received on November 01, 2.02.3, for the BOD Daily Maximum exceedance and
Monthly average exceedance which occurred during the August 2023 monitoring period.
The BOD daily exceedance reported on August 16, 2023, with a value o€18.6 mg/L, was a result of what
we believe to lie suppresser) dissolved oxygen in the aeration basin due to a peak effluent water
temperature resulting in less efficient removal of the BOD. This is illustrated below in the chart showing
the highest recorded temperature for the sampling month was on the day the sample was collected. On
August 22, 2023, we were notified of the elevated BOD value and the operator increased the amount of
air to the system in an attempt to increase the dissolved oxygen concentrations in the plant. The
remainder of the samples collected for the month were compliant, however, the monthly average
resulted to 5.84 mg/I, equivalent to a 16.8 % exceedance of the limit established on the permit.
As can see on the following chart, the value that caused both violations in this period does not reflect
the normal performance of the facility, and the remaining samples pulled from the system were
compliant. It is evident through the trendline below that the treatment facility operates below the S
mg/L line routinely.
P O. BOX 07215
RALEaGH NORTH CAROLINA 27624
�19-8a6-3500

Pope Industrial BOA performance
35
30 25.1 25-5 26.626.1 26.7 27-1 29.1 2.7.9 27 27-7
24,18
25 74 23.4 23 24
23.7 22' 7 22.9
1111110
8.6
20
is
10 5.4 6
5.2 �4-2� -6 4.7
3 1 33 31
sR. ..... .... .......
0 - --------
03/06/2023 23/06/2023 13/07/2023 02/08/2023 2ZM2023 13/09/100 01/100033 2 1/10P023 10111A023
o WD (mg/L) 0 Ternp ('Cl F ........ Linear (SOD (mg/L))
During a recent inspection of the facility, some systems of the plant were identified to be in need of
repair. Currently, we are waiting for quotes and financial approval to move forward with these identified
items.
As described above, the values that caused the violations of this facility are not representative of the
actual performance of the system. it is our request that the Division take into consideration the actions
taken by the permittee when deciding whether further enforcement actions are warranted.
Sincerely,
(d&4
Albert E Finley,
Pope Industrial Park 11 Ltd Partnership
CC.,
Andrew White, Envirolink, Inc.
William Lamm, Pope Industrial WWTP ORC

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Permit NCO060526
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended, the
Pope Industrial Park II LTD Partnership
is hereby authorized to discharge wastewater from a facility located at the
Pope Industrial Park WWTP
S602 Fayetteville Road
Raleigh
Wake County
to receiving waters designated as and unnamed tributary to Swift Creek in subbasin
03-04-02 of the Neuse River Basin in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, 111 and IV hereof.
This permit modification is effective August 1, 2018.
This permit and authorization to discharge shall expire at midnight on February 28, 2023.
Signed this day June 22, 2018
- (4, X e-"
Culpepper, Interim Dire
ivision of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8

Permit NCO060526
SUPPLEUENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Pope IadustrW Park Ho LTD. is hereby authorized to:
1. Continue to operate an existing 0.008 MGD wastewater treatment system that
includes the following components:
♦ Bar Screen
♦ Extended Aeration Tank
♦ Single train 10,000 gallons
♦ Secondary Clarifiers
♦ 1,535 gallons & 1,350 gallons
♦ Sludge holding tank
♦ 1,400 gallons
♦ Chlorine Contact chamber
♦ 1,250 gallons
♦ Dechlorination Chamber
♦ 210 gallons
♦ Cascade Post aeration
This Class WW-2 facility is located at the Pope Industrial Park WWTP (5602
Fayetteville Road) in Wake County.
2. Discharge from said treatment works via Outfall 001 at the location specified on the
attached map into an unnamed tributary to Swift Creek (Stream Index 27-43-5-(1.5)), a
waterbody currently classified WS-III NSW waters in sub -basin 03-04-02 (HUC
0302020110) of the Neuse River Basin.
Page 2 of 8

Permit NCO060526
Part I
A. (1' EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B.0400 et seq., 02B.0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration,
the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited
and monitored' by the Permittee as specified below:
PARAMETER UMrrS MONITORING REQUIREMENTS
Monthly Average Daily Measurement Sample Type Sample Location
[PCS Code] .._ .2_.:_ Frann"ev
Flow 60050
0.008 MGD
Continuous Recording
Influent or Effluent
Total Monthly Flow
Monitor & Report
Monthly Recorded or
Calculated
Influent or Effluent
8
BOD, 5-day (201C) [003101
5.0 mg& 7.5 mgIL
Weekly Grab
Effluent
(ApIl 1- October 31
BOD, 5-day (20°C) [003101
10.0 mg1L 15.0 rng/L
Weekly Graf
Effluent
November 1- March 31
Total Suspended Solids 00530
30.0 m /L 46.0 m
Weekly Grab
Effluent
NH3 as N [006101
2.0 mg/L 10.0 mg/L
Weekly Grab
Effluent
(April 1- October 31
Nli3 as N [00610]
4.0 mg/L 20.0 mg/L
Weekly Grab
Effluent
November i - March 31
Dissolved 0 en 00300
Dail avera a > 6.0 m
WeeklyGrab
Effluent
Dissolved Oxygen 00300
Weekly Grab
U & D
Fecal Collonn 131616]
200110 MmL 400/100 mL
Weekly Grab
Effluent
Total Residual Chlorine (TRC)3 '
17 W&
2/Week Grab
Effluent
50060
Tem nature °C 00010
Monitor & Report
DailyGrab
Effluent
Tem erature °C 00010
Report
Monitor & Re
Monitor & Report
Monitor & Report
l Grab
ontht Grab
Mont
Monthly Grab
Monthly Grab
U & D
Effluent
Effluent
Effluent
TKN m 0062
NO2-N+NO3-N m 00630
Total Nitrogen MA 4 (00600
Monitor & Report
Total Nitrogen Loads
Total
Monitor & Report (poundstmonth)
Monthly Calculated
Effluent
Monitor & Report (poundslyear)
Annually Calculated
Effluent
Monitor & Report
Monthly Grab
Effluent
Effluent
Total Phosphorus 0066
..0 Mnenni
> 6.0 and < 9.0 standard units
Weekly Grab
Footnote
1. The permittee shall submit discharge monitoring reports electronically using the NC eDMR system
application system [see A. (5)].
2. U: at Ieast 100 feet upstream of the outfall. D: at least 300 feet downstream from the outfail.
3. The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with
the permit. However, the Permittee shall continue to record and submit all values reported by a
North Carolina certified laboratory (including field certified), even if these values fall below 50 99/1.
4. For a given water sample, TN--TKN+NO2 +NO3-N, where TN is Total Nitrogen and TKN is Total
Kjeldahl Nitrogen.
S. TN load is the mass load of Total Nitrogen discharged in a given period of time [see A. (2)]:
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NC0060526
A. (2) CALCULATION OF TOTAL NITROGEN LOADS
[NCGS 143-215.1 (b)]
a. The Permittee shall calculate monthly and annual TN Loads as follows:
(1) Monthly TN Load (pounds/month) = TN $ TMF x 8.34
where:
TN = the average Total Nitrogen concentration (mg/L) of the
composite samples collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month (MG/month)
8.34 = conversion factor, from (mg/L x MG) to pounds
(2) Annual TN Load (pounds/year] = Sum of the 12 Monthly TN Loads for the
calendar year
b. The Permittee shall report -monthly Total Nitrogen results (mg/L and pounds/month)
in the appropriate discharge monitoring report for each month and shall report each
year's annual results (pounds/year) with the December report for that year.
A. (3) TOTAL NITROGEN ALLOCATIONS
[NCGS 143--215.1 (b)]
The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or
transferred to the Permittee in accordance with the Neuse River nutrient management
rule (T15A NCAC 02B.0234) and the status of each as of permit issuance. For
compliance purposes, this table does not supersede any TN limit(s) established
elsewhere in this permit or in the NPDES permit of a compliance association of which
the Permittee is a Co Permittee Member.
ALLOCATION
TYPE
SOURCE
DATE
ALLOCATION AMOUNT (1)
STATUS
Estuary
Discharge
(pounds/year)
(pound*ear)
Base
Assigned by Rule
1217/1997;
81
162
Active
(T15A NCAC 02B .0234)
4/1/2003
Footnote:
(1) Transport Factor = 50%
A. (4) ANIII [ONIA REOPENI
(NCGS 143-215.1 (b)]
The Division may re -open this permit to require more stringent effluent limits for ammonia
nitrogen (NH3 as N) pending any subsequent rules establishing nutrient restrictions in the
Swift Creek watershed.
Page 4 of 8

NCO060526 - Pope Tndustrical. Park WW'1'1'
Latitude: 35" 12'23" N US( 11.1d: Lake Whecle).
Longitude- 78039'55" W Stre-ant Uass- NVS-1 I I NSW
River It. t sin.- Numsic Stib-Basin.
ReceivipgStream: UT to Swift Crock
Facility
Locat.1011
,tr. WAc C . ounty,