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HomeMy WebLinkAboutNC0023442-Historical-LV-2018-0276_20181213DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Boise Cascade Wood Products L L C Facility Name: Moncure Plywood Permit Number: NCO023442 County: Chatham Case Number: LV-2018-0276 ASSESSMENT FACTORS 1) 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 knowiydamage to enviro e , pub i health or private ro ert 2) The durati n and gravity of Oe viol tion; 7 (� Two daily maximum and one monthly avers a exceeded fqr ammon 3) The effect on ground or surface water quantity or quality or on air quality;: Not documented.y-y 4) The cost of rectifying the damage; 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 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 There have been nine CPAs in the past year. 8) The cost to the State of the enforcement $37.78 elail Date Danny Smith, Yegional Supervisor Water Qualit� Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ROY COOPER NORTH CAROLINA Governor Environmental Quallty MCCHAEL S. REGAN Secrermyo LINDA CULPEPPER Interim Director December 13, 2018 Brian Van Gelder, Environmental Manager Boise Cascade Wood Products L L C PO Box 1110 Chester, SC 29706 Subject: Payment Acknowledgement for Civil Penalty Assessment Moncure Plywood Chatham County Permit NCO023442 Case No. LV-2018-0276 Dear Mr. Van Gelder: r This letter is to acknowledge receipt of Check No. 0000013188 in the amount of $537.78 received from you dated 12/4/2018. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable statutes, regulations, or permits. If you have any questions, please call Wren Thedford at 919-707-6301. Sincerely, •.� 6ag� Wren Thedford Administrative Assistant Water Quality Permitting Section cc: Enforcement Nile # LV-2018-0276 Raleigh Regional Office Supervisor �D Q� North Carolina Department of Environmental Quality I Division of Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200 PERMIT: NCO023442 FACILITY: Moncure Plywood LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date MonthfYr Parameter 2/5/2018 2-2018 Nitrogen, Ammonia Total (as N) - Concentration 2/19/2018 2-2018 Nitrogen, Ammonia Total (as N) - Concentration 2/28/2018 2-2018 Nitrogen, Ammonia Total (as N) - Concentration ATTACHMENT A Boise Cascade Wood Products L L C CASE NUMBER: LV-2018-0276 REGION: Raleigh COUNTY: Chatham Unit of Limit Calculated % Over Frequency Measure Value Value Limit 2 X month mgll 20 23 15.0 2 X month mgll 20 2 X month mgll 4 21 5.0 22 450.0 Violation Penalty Type Amount Daily $0.0C Maximum Exceeded Daily $0.0C Maximum Exceeded Monthly $500.0( Average Exceeded Postal CERTIFIED o RECEIPT mDomestic Mail Only m C3 -0 . OFFICIAL UOO rn ruru $ " s74Fee5 d* ❑ rr„ Reoerpt Memooas9.aureo n r C3 ❑ ww a Q❑ cemn.a Men aoe�cw wow, s Pos6nark t� ❑^ �enen.e fleaea = Here CIA— .a Do*«y s C3 Postage cc —0 ru °� BRIAN W VAN GELDER 1$_ BOISE CASCADE WOOD PROPERTIES LLC r` Senr 306 CORINTH RD r3 MONCURE NC 27559 C3 $ CP.LV-2018-0276 .."" 1 NCO023442.MONCURE PLYWOOD 11/14118;MAILED 11/19118.Z! IANG � Y•1 y ■ Complete items 1, 2, and 3. A. Si ature ■ Print your name and address on the reverse x 0'g� so that we can return the card to you. 0 Addressee B. eceived by dared Name) C. Date of Delivery 0 Attach this card to the back of the mailplece, _or on the front if space permits. j D. Is delivery address dWerant from item 1? Yes BRIAN W VAN GELDER # YES, enter delivery address below: No BOISE CASCADE WOOD PROPERTIES LLC 306 CORINTH RD MONCURE NC 27559 CP.LV-2018-0276 NC0023442.MONCURE PLYWOOD 11114118;MAILED 11119118211ANG I�Illlllllll11111lll111111111111 � 084 d111111111I aft � 9590 9402 3411 1-7 5691 20 Man MCI Rastlloted certified Man Reeptated Delivery Pt for O Coned on Dallmy Merchandise estdated Denvery 0 Signature CoA 0nTo 2. Article Number (ftnsfer from serwce 1a6 7 017 2680 0000 2236 0 3 3 8 4d R Renate! Dellmy Corrfirrna D RRe9suicted Delivery dvn PS Farm 3811, July 2015 PSN 7530-M-000-8o5s Domestic Return Receipt STATE OF NORTH CAROLINA DEPAR` "NIENI' OF ENVIRONMENTAL QUALITY COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Boise Cascade Wood Products L L C } NIoncure Plywood } PERMIT NO. NCO023442 ) CASE NO. LN'-2018-0276 Having been assessed civil penalties totaling $537.78 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 14, 2018, 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 remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 JUSTIFICATION FOR REMISSION RE VEST �asc Number: L`'-2018-0276 County: Chatham Xssessed Party: Boise Cascade Wood Products L L C ?ermit No.: NC0023442 Amount Assessed: $537.78 'lease use this form when requesting remission of this civil penalty. You must also complete the "Request For Reniission, [Vaiver 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 -actors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting -emission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual ;tatements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil oenalty maybe granted only when one or more of the following five factors apply. Please check each factor that you nelieve 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.I(b) were wrongfully applied to the detriment of the petitioner (the assessnent.iictors 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 fittttre occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain irlty the violation was unavoidable or something you could not prevent or preparefin); (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 peryment of the civil penalty tit'ill prei-ent yoit fi-otat p(!if i-iinng the activities necessary to achieve compliance). EXPLANATION: Option 3: File a petition for an administrative hearing with the Office of Administrative Ilearinas: 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: (919) 431-3000 Fax: (919) 431-3100 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 Chen= Zhan, with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhang!ccncdenr.gov. Sincerely, Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance -Enforcement Unit - Enforcement File Central Files 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�2K. I (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; (d) 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 Rhzht to an Administrative Hearing and Stipulation of Facts" fonn within thin 30 days of receipt 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 Based upon the aboveifindings 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, 1, Danny Smith, Regional Supcuisgr,.Ral6gb-Regional Office hereby make the following civil penalty assessment against Boise Cascade Wood Products L L C: 0.00 0 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0023442, by discharging waste water into the waters of the State in violation of the Pennit Daily Maximum for Nitrogen, Ammonia Total (as N) - Concentration S500.00 1 of I violations of G.S. 143-215.1(a)(6) and Permit No. NC0023442, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration $500.00 TOTAL CIVIL PENALTY $37.78 Enforcement Costs 537.78 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. 143 B-282. I (b), -%hick 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 duality 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 - Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ROY COOPER ':.o'._!r,a,' MIC A= S. F- G.kN tee.."9f�Y- LrN-DA CT-7--PEPPER :.arirn D.Vrr_w- Certified flail # 70172680000022360338 Return Receipt Requested F vi'r't - -rl d14 r'; .-, ` Qt. U '. f 5 November 14, 2018 Brian W Van Gelder, East Region Environmental !Manager Boise Cascade Wood Products LLC 306 Corinth Rd Nloncure, NC 27559 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. N00023442 Boise Cascade Wood Products L L C Moncure Plywood Case No. LV-2018-0276 Chatham County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S537.78 (S500.00 civil penalty + S37.78 enforcement costs) against Boise Cascade Wood Products L L C. This assessment is based upon the following facts: a revie�, has been conducted of the Discharge Monitoring Report (DilvIR) submitted by Boise Cascade Wood Products L L C for the month of February 2018. 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. NC0023442. The violations, which occurred in February 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Boise Cascade Wood Products L L C violated the terms, conditions or requirements of NPDES WW Permit No. NCO023442 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 Carolina Department of Env ronmental Quality I Division of Water Resources 1628 Mad Service Center, Raleigh, NC 27699-1628 919-791-4200 r C r r r r r r r r r r r r r r r r r C C C C C C C C C < C C C C C C N a N N O !J O N O N N f.] r.] N N N s C y m m U 0 O (� pOp A O leO O O cm0 tp co 1p 4O0 l0 Co m c0 1p 4D m (� N 6 i D O O O O O O O lJ O l7 d O O O 'p O p _ W O N m N W U N N La O A m W W V W O U W d W p N N V p N A d A N A m c0 W O N to V N W + O W m to co j l0 O' O O j C. 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O O N y i N EA N EA fA di to o O W W W W W W W m m V v v ti v +1 v m m V Oo V OD V Oo V CO V Oo V OD V m ,w O C O G C O O O O O O O O O O O O O O O O O m 7 G 40 m fA :H fA (A (A 63 A (Aw vl ? IQ A 00 m -4 � PI)OD W V V V N V V T Co OD co OD co OD N OI W cc CA w G Wm C C C CDQ O Q N m o 0 o m a o ? Z O O O O O Cl O0 O0 G 7' N � m CD OD O O OD NODES PF;KbI!'1' NO.: hC0423442 PEKiiII'1' N'F;KSIO\: FACILITY NAME: Boise Cascade Wood Products, LLC CLASS: W W-I R 10 rOWNER NAME: Boise Cascade Wood Products L L C ORC: Randall Craig Jarrell �� 1i GRADE;: WW-4. ORC HAS CHANCED: Nd- i )� eDMR PERIOD: 02-2018 (Febmary 2018) VERSION: 1.0 PERINII'1 S1 ATUS: Acttve r COUNTY: Chatham ORC CERT,NUMBER: 7937 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO **** No Reporting Reason: E.NFRUSE4 - No Flow-Rcuse'Rccycic; - No Visitation Adverse Weather, NOFLOW - No Floa: HOLIDAY = No Visitation- Holiday WDeptofr-llvir01,11, 14P9 w MAR- 10 2018 NPDES PERMIT NO.: NC0023442 PF.RMU' VERSION[ J 0 f FACIvrn' NAME: Iloisc Cawade Wood Products. LLC CLASS: %VW- I 0L1'NF.R NAME: Iloise Cascade Wcxx1 Products I. L C ORC: Randall Craig Jarrell GRADE: WIN-4, OR(' IIAS CHANGED: No el)MR PIsRIOD: 02.2018IFtftiary 20181 COMPLIANCE. STATUS: Non -Compliant ORCICcrtifici Signature: Randall VERSION: 1.0 CON'rACT PHONE k: 9192102,500 PERmrr STATUS: Active COUNTY: Chalhain ORC CERT NUNIMR. 7937 STATUS: Processed SURMISSION DATE: 0312812018 0108/2019 Craig Jarrell G-�1ail:biuwaterC'aol.com Phone #-.919-210.2500 Date 13y tills signature. I certify that this report is accurate and ecnnple(c to the hest of my knowledge. 'file permittee shall report to the Director of the appropriate Regional 011 ice any noncompllance that potentiall) threatens public health or the envitonment. Any udormation shall he provided orally within 24 hours from the time the perinrttee hecame.mare of the circunnstances. A w•riucn subnussutn shall list) he provided within 5 days of the time the permittee becomes aware of the circuntatances. If the facility is noncompliant, please attach a list heing taken and a time-lable for improvement, to he made as required by part 11.E-6 of the NPDES permit. } 03/2912018 Pernliuee/Suhrnitter Signature:*'* Brian Wade Van Gelder G-Mail:hrianvangcldcrf l5c.c{>m Phone #:803-385-4957 Date Perrnittee Address: 306 Corinth Rd Moncure NC 27559 Pcrma Expiration Date- 05/31/2021 l certily, tinder 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 garner and evaluate tine intilmlation submitted. Based oil my inquii- of talc person of persons who managed the system, or those persons directly responsible for gathcring the inforulalion, the information suhmined is, to the hest of my knowledge and belief, true. acetu'ate, and complete. I am aware that there are significant penalties for atIbillMing false infornlanon, including the possibility of fines and imprisonment for knowing Violations. CERTIFIED LABORATORIES LAR NAME: I:nv[ronmental Conservation Lahorworic%.Iac CERTIFIED I.A13 h: 591 PERSON(s) COLLECTING SAMPUS: Randall Jarrell PARAMETER CODES Parameter Code assistance may he obtained h) calling the NPDLS Unit 019) 807.6300 or by visaing hop:llportal.ncdcilr.U3'g/web/wglswplpslnpdesllorlt}s. 1'00'fNOTHS UNC only onus of rtcasurement designated in 111C repol'ling lacilily's NPDCS permit for reporting data. " No Flow/Discharge From Site: Check this box :'no discharge occurs and, a- a result, thcie are no data to he entered for all of the parameters on the DMR 10l' erltll-C olonilot'Ing period. "ORC on Site?. ORC nwst visil facilit) and document s isitation of facility as required per 15A NCAC 8G .0204. «' I Signature of Permittec: If signed by other than the permittee, lien delegation of the signatory authority trlust he on Isle a ith the slate per I5A NCAC 2B 0506(h)(2)(D). Permit NCO023442 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 provisions of North Carolina General Statute I43-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Boise Cascade Wood Products, LLC is hereby authorized to discharge treated wastewater from a facility located at the Moncure Plywood WWTP 306 Corinth Road (NCSR 1916) Moncure Chatham County to receiving waters designated as an unnamed tributary to the Haw River in the Cape Fear River Basin in accordance with effluent Iimitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This modified permit shall become effective ..................... June 1, 2016. This permit and authorization to discharge shall expire at midnight on May 31, 2021. Signed this day .......... April 18, 2016. 'S: Jay Zimmerman, P.G. / Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 Permit NCO023442 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] a. During the period beginning on the effective date of this permit and lasting until receipt of the Engineer's Certificate for the new treatment works, or until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS . CHARACTERISTIC Monthly Daily Measurement Sample Parameter Code Avera e Maximum Frequency Sample Type Location Flow 50050 0.008 MGD Weekly Instantaneous Influent or Effluent Dissolved Oxygen 00300 Daily average > 5.0 mg/L Weekly Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent Total Residual Chlorine 2 50060 17 µg/I 2/Week Grab Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids C0530 90.0 mg/L 135.0 mg/L 2/Month Grab Effluent Fecal Coliform 31616 (geometric mean 200/100 ml 400/100 ml 2/Month Grab Effluent pH 00400 2: 6.0 and < 9.0 standard 2/Month Grab Effluent units NI-13 as N C0610 2/Month Grab Effluent Total Kjeldahl Nitrogen 00625 TKN) Quarterly Grab Effluent NO2 as N+NO3 as N 00630 Quarterly Grab Effluent Total Nitrogen 0600 (NO2 as N+NO3 as N+TKN Quarterly Calculated Effluent Total Phosphorus C0665 Quarterly Grab Effluent Footnotes: 1. Starting December 21, 2016 begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (5.) ELECTRONIC REPORTING OF MONITORING REPORTS. 2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by allorth Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 8 Water Resources ENVigONMENTAL MAUTY Certified Mail # 70172680000022193875 Return Recei t Reguested May 15, 2018 Brian Cullen, East Manager Region Boise Cascade Wood Products h L C PO Box 1110 Chester, SC 29706 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0321 Permit No. NCO023442 Boise Cascade Wood Products, LLC Chatham County Dear Permittee: ROY COOPER Governor AIICHAEL S. REGA.N Secre[arp LINDA CULPEPPER Atervn D1rcxtor A review of the February 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location 001 Effluent uul Ernuent 001 Effluent Parameter Nitrogen, Ammonia Total (as N) - Concentration (C0610) Nitrogen, Ammonia Total (as N) - Concentration (C0610) Limit Reported Date Value Value Type of Violation 2/5/2018 20 23 Daily Maximum Exceeded 2/19/2018 20 21 Daily Maximum Exceeded 4- Nitrogen, Ammonia Total (as 2/28/2018 4 22 Monthly Average Exceeded N) - Concentration (C0610) 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. State of Norlh Carolina I Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, \C 27699- I628 919-791-4200 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 days 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 Cheng Zhang of the Raleigh Regional Office at 919-791-4200. Sincerely, Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Central Files Brian Van Gelder, Moncure Plywood LLC, 306 Corinth Road, Moncure, NC 27559 Stole ol'\brlh Carolina I Ctivirantneatal Quahtg 11'110r RCSOIIMCS 1628 klail Service Center. Raleigh, NC 27099-1628 919-791-4200