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HomeMy WebLinkAboutNC0023442-Historical-CPA LM-2018-0030_DMR 9-1741 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Boise Cascade Wood Products L L C Facility Name: Boise Cascade Wood Products, LLC Permit Number: NC0023442 County: Chatham Case Number: LM-2018-0030 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources oft .St e, to the public health, or to private property resulting from the viola('on; /' (� No known damage to environment, public health or private property 2) The duration and gravity�f� � 1(�nV One monthly average exceeded f/o-r ammonia; failure to monitor total nitrogen, TKN, nitrate/nitrite, and total phosphorous. 3) The effect on ground or surface water quantity or quality or on air quality; Not documented. 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 six CPAs in the past year. 8) The cost to the State of the enforcement procedure $37.78 Date Danny Smith, egional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 06 Paste V FWM PwAff i Findtnfcrcanere CAN I CIP0410 AaBbCc AaBbCc AaBbC( -aaK: Aab AaWEI AaBbCc Av9b(% Parmei ' RONSSM Petton ' Coltdon' SetoemerJ I RelaMcues CO%W& I Ecents Summer, RDI*4 W d ms i PMaay755FSfl0 Review i rusROLM'aer zo1P-oa30 NOV. F1611-201MA4004 im F— $90.. 1 PrOiW . Pem* N2 Dttaus- SDC _ av �_ Y0NtpinpReCOtt 207t ,�J FiOWSee: a PtAw Dggs. Reow Cet * 0" C%ner.SoCasraftWWProdxbLLI Oetais. Ywdert YtsPedDt �� ; Water Resources &NVIRONMfMTAL GUM i7Y Certified Mail # 70172680000022194278 Return Receipt Requested June 13, 2018 Brian W Van Gelder, Fast Region Environmental Manager Boise Cascade Wood Products L L C 306 Corinth Rd Moncure, NC 27559 SUBJFi T: 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 Pen -nit No. NCO023442 Boise Cascade Wood Products L 1, C Case No. LM-2018-0030 Chatham County Dear Perinittee: ROB" COOPER. Gol ernor MICI-LA-EL S. REGAN secmlan LIND A C.ULPEPPER Itrt?r m Dimc tor This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $475.28 (S437.50 civil penalty + $37.78 enforcement costs) against Boise Cascade Wood Products L L C. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Boise Cascade Wood Products L L C for the month of September 2017. 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 September 2017, 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 manlier 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). Based upon the above findings of fact and-conchlsions 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, Danny Smith, Regional Supervisor, Raleigh Regional Office hereby make the following; civil penalty assessment against Boise Cascade Wood Products L L C: 5tldL OfNotIh Carolina rnviromnental Quality water Resources 1628 jMLtiil Set -vice Center, Raleigh, NC 27699-1628 919-791-4200 7� ��.�- - Fr.�rt� $312.50 1 of I violations of G.S. t 43-215. 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 $31.25 for 1 of the I failures to properly monitor Nitritel2lus Nitrate Total (as N) in violation of Permit No. NC0023442. $3 t.25 for 1 of the 1 failures to properly monitor Nitrogen, Kiel(lahl, Total (as N) in violation of Permit No. NC0023442. $31.25 for 1 of the 1 failures to properly monitor Nitrogen, "Total - Concentration in violation of Permit No. NC0023442. $31.25 for 1 of the 1 failures to properly monitor Phosphorus,'I'otal (as P) - Concentration in violation of Permit No. NC0023442. S437.50 'TOTAL CIVIL PENALTY S37.78 Enforcement Costs $475.28 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 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) [lays 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 ((10 )7nt include wah,er .fo1•rn). 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 ail 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 remissionyou 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 30 (lays 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 27699-161 7 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearin s: If you wish to contest any statement in the attached assessment document you must rile 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 oft his 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 riling fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business clays following the faxed or electronic transmission. You should contact the Office of Administrative I learings 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 I learings are as follows: 6714 Flail 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) clays 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 Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at clieng.zli,-iiia@iiccleiir.gov. ncclenr.gov. Sine rely, Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDI:Q A]-I'ACHMENTS Cc: WQS Raleigh Regional Office - l:nforeetrnent File NPDES Compliance,`L;nforcement Unit - Enforcement File Central Files ATTACHMENT A Boise Cascade Wood Products L L C CASE NUMBER: LM-2018-0030 PERMIT: NCO023442 REGION: Raleigh FACILITY: Boise Cascade Wood Products, LLC COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter 9/30/2017 9-2017 Nitrogen, Ammonia Tetal (as N) - Concentration Unit of Limit Calculated % Over Violation Frequency Measure Value Value Limit Type 2 X month •rrQ/I 2 4.52 125.8 Monthly Average Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Date Month/Yr Parameter Frequency Measure Value Value Limit Type 9/30/2017 9-2017 Nitrite plus Nitrate Quarterly mg+l Frequency Total (as N) Violation 9/30/2017 9-2017 Nitrogen, Kjeldahl, Quarterly mg l Frequency Total (as N) Violation 9/30/2017 9-2017 Nitrogen, Total - Qu:irterly mg?1 Frequency Concentrat,on Violation %l30/2017 9-2017 Phosphorus, Total (as Quarterly mg..,I Frequency P) - Concentration Violation Penalty Amount $312.50 Penalty Amount $31.25 $31.25 $31.25 JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2018-0030 County: Chatham Assessed Party: Boise Cascade Wood Products L L C Permit No.: NC0023442 Amount ;assessed: 5475.28 Please use this form when requesting remission of this civil penalty. You must also complete the Request Fol- Renussiorr, Waiver of Right to an 11 dnrinistrative 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 wliether 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. t (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 wily 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 (tire assessment factors cnre listed in the civil penalty assessment doc^unrent); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., exIAlln the. steps that you took to correct the violation and prevent,f rtrrrc ace urrE�rrce_s); (c) the violation was inadvertent or a result of an accident (i.e., exI)Ie in it-h.), the riolettion ryas utunvoidable 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., exj)lain host' payntent of the civil penalty will prevent yort fi-om peforming the activities necessary to achieve conrplrance). EXPLANATION: • STATE OF NORTH CAROLINA DFIIARTMENf OF FNVIRONMENTAL QUALITY COUNTY OF CHATIJAM 1N 1'lIE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIE'S AGAINST } ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Boise Cascade Wood Products L L C ) Boise Cascade Wood Products, LLC ) PERMIT NO. NCO023442 ) CASE NO. LN1-2018-0030 Having been assessed civil penalties totaling S475.28 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 13, 2018, the undersigned, desiring to seem 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. 1-he 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) clays from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURL 20 w NPDES PFR,1%llT N0.: NCO023442 PFRIII'I• NTIASION: 4.0 PERMIT S1"A'I'US: Active S FACII.I I Y NA,4IE: Moncure Plywood CLASS: W%k-I COUNTY: Chatham OWNER NAME: Boise Cascade Wood Products L L C ORC: Randall Craig Jarrell R EC F i 1/,(.) RUFR I' \UMBER: 7937 GRADE: WW-4. ORC ILLS CIIANGED: \o eDNIR PERIOD: 09-2017 (September 2017) VERSION: 1.0 STATUS: Processed CCIy 1 RIL FILES SAMPLING LOCATION: EFFLUENT DISCHARGE N8CTRP NO DISCHARGE*: NO Emmmmmmmm ••" No Reporting Reason: LNFRUSF No Flag-Rcusc'Rocyclr, I \VWTIIR - No Visitation Ad%crsc Weather; NQFI"Ott - V npu [Ol ID \o,Visitation- Ilolida blep# o nvironnmtal QLlality Raleigh Re"Jolial Offico �NDN.S PKR 11-1 \().: N.CU01.3a42 PVl4Aitt' %T.Rtit(?N' a ' Pl,10111 S I A I I S. I• AU I1,1-I Y NIA It t :tlniteura Plywood CI,ASS: N W 1 [ OU N'11 : r.'',a 'lain +, I- I( 1 1 t11•.a 1{,.t , t :earn, li- uI', ,:, 111, t, 1. 1 , t,t(( : It 11111311 , 1 %1_ I,u —1 . it;a s r 1(I %1 Al IN It. r , GRAt}Fa W W— (1KC Il.\S (.It %NGLD: to cl}r<IR PERIM):09-2I!7(Scptcinbrr 211 VERSION: 1 ( St'A'1(IS: 11ruvrhavd ( t111P[.I.> \CIC ti'1 VI U.S; \nn- un,pliaill C(}hT A(' f I'lioNt. 47 4Nq lostN! DA't'F-: It lr11•ZI)17 /Lt ( Cj,L r far 1 12 t) 17 [}Rt''Certi('lcr Signature. KaitdaI; Craig Jarrell E-\-laii:bIo.%a4cr'�,uw.com Pltit, r.r ri.914-210-'<t}€I 11 it,, liy this signattlre. t CerliN that this report is accurate mid comptele to ilte hest kiflny kao%vlc1lge. l he perinutee shall rcpon to the Director or the approprtale Regional Office any noucontpliance that pklicn,laliy threatens ptib!tc health or the cnvironinaut. Any utfl•rmduou ;hail IV provided or.il'y within 24 hour; Ir„m the unr-e tits perruittee became aware of the ctrculnstarsr c5. A Kitten iubmisgion shall also oa pFovldt d \Ftlhin 5 bays ('I' lltC tlrnc the perinittee becomcs a\,are of the clrcun3.�taucc.s. It the faciluy is ntocartphanl. p'c,tic mi,t. h a list rd'eorrcenve actions bons; tak it and a time -table lbr imisro%-emeni.i to be made as required h} lrwn 11.1.-6 i+f the NPDE'S permit. 10/31120 17 1'eriniitce.'Subinrtter Signature,'* Brian WItdC Van Ucldcr I:-,'.lail:brt-invangaldcrCbe.corn Phonc 4:803-385.4957 Dale Pewlirtec Addre;5' 306 Corinth Rd hloncure NC 27559 Permit E.epiratio', Datc: 05/3 U3021 I ecrttfy, under penalty of lave that this document and all attachrncnis were prepared under n,) (hrection or ,apervtsion in m%ordancc with a system designed lit 3ssurc that qualified peraomicl property gather atvl evaltiate the mfomimion ;nbnuttcd. Hased on riy inqu:ry o' the person or persons who managed the rystem, or thoac pertiun,; directs) wsponO)le for iu,thennh the inG,rrnation, the u,1L,trkl3ttn,n Sl,birfl ed Is, to the bcit of my know;ecige and helief, Irtie, accurate, and complele. t ant aware that 1hurc arc signittCant pent€ttet for submitting false information, including lh', possibility orfines and imprisonment for NA kiunving violaliuns. a L'1.,R I Ilrl1_D LABORATC)RILS LA NAME: Friio 1.,ahoraloric, CERTIFIED LAB S: CA.04444.01 PFRS01(y) C01 •I,F.CTIM, SAMPI.i3S: Ramialt Janrcll PARAMETER CODLS 11.tiamctwr Co& wo%lance may be ublained by calling the `PDES Unit I c)it}1 807-6300 or by visiunti lute portal.ncdanr.org/wcbrtirq svv1� ps npdas'I'urtns. FOOTN01 GS l,sc only ttn;is of u,easurernenl dcsigu,ted In the tepartnig l"Wibly's NPDFS permit fbi repurnng data No FlowDi: charge From Site: Check this box if no dISCIWlrgC i,ccuts aIkd, as a result, there are tit, data io be cutwrcd for all ol' the pariuncters on the MIR ii,r v nlire (monitoring period. OKC on Site?: ORC must visit facilll} and document vis!uuiov of facility a; reyttred per 15A N'CAC RG .0204. Signattm: of Permiueet 11 signed b} other than the pcnn.uce, then dexonation of ilh signatory authority inust be on file with the slate per 1 SA NCAC 2H .006(h)(2)I b). Permit NCO023442 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYS In compliance with the provisions 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, 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 limitations, monitoring requirements, and other conditions set forth in Part 1, I1, III and IV hereof. This modified permit shall become effective ........ . • • • - ....February 14, 2017. This permit and authorization to discharge shall expire at midnight on May 31, 2021, Signed this day .......... April 18, 2016. ay ZimmehWag,6P.G. irector, Division of Water Resources By Authority of the Environmental Management Commission I'k-ge 1 of 8 Permit NCO023442 A. (2) EFFLUENT LIMITATIONS AND MONITORING 115A NCAC 02B .0400 ct seq., 02B .0500 et seq.] REQUIREMENTS a. During the period beginning upon receipt of the Engineer's works, and lasting until expiration, Certificate for the new treatment the Permittee is Such discharges shall be limited 1 authorized to discharge from outfall 001. and monitored by the Pernittee as specified below: EFFLUENT LIMITS CHARACTERISTIC MONITORING REQUIREMENTS Parameter Code Monthly Daily Average Maximum Measurement Frequency Sample Type Sample Flow 50050 0.008 MGD Weekly Continuous Location Effluent Dissolved Oxygen 00300 Daily average ` 5.0 m L $+ Weekly Grab Temperature (°C) 00010 Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Weekly Grab Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Effluent Fecal Coliform Grab Effluent (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab Effluent PH 00400 6•0 and < 9.0 standard NH3 as N units Weekly Y Grab Effluent (April I — October 31) C0610 2.0 10.0 2!Month Grab Effluent NH3 as N (November 1 — March 31) CO610 4.0 20•0 2/Month Grab Effluent Total Residual Chlorine 2 50060 17 u'�L 2/Week Total Kjeldahl Nitrogen Grab Effluent (TKN) 00625 Quarterly Grab Effluent NO2 as N+NO3 as N 00630 Total Nitrogen Quarterly Grab Effluent (NO2 as N+NO3 as N+TKN} 0600 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. If chlorine or a chlorine derivative is used then the Total Residual Chlorine monitoring and limit immediately apply. The Division shall consider all effluent TRC values reported below SO ug/L to be in compliance with the permit. However, the Penmittee 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 Pg'+L. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 8 Water Resources £NWPONMEWA6 OVAUTY Certified Mail # 70163560000044282651 Return Receipt Requested Daniel Hutchinson Boise Cascade Wood Products L L C 1111 W Jefferson St Boise, ID 83728 ROY COOPER Gorgrmr INIICII EL S. REGAN secre an. LIND A CULPEPPER Interim Drreero► January 22, 2018v psr SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LM-0004 J O�0 Permit No. NCO023442 . Moncure Plywood r do i Chatham County f'n Dear Permittee: A review of the September 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violations : Sample Location Parameter 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration (C0610) Monitoring Violations : Sample Location Parameter 001 Effluent Nitrite plus Nitrate Total (as N) (00630) Limit Reported Date Value Value Type of Violation 9/30/2017 2 / r�4.52 Monthly Average Exceeded C1 L s.$J Flo qJ�l� umie Monitoring Date Frequency Type of Violation 9/30/2017 Quarterly Frequency Violation 001 Effluent Nitrogen, Kjeldahl, Total (as N) 9/30/2017 (00625) 001 Effluent Nitrogen, Total - Concentration 9/30/2017 (C0600) 001 Effluent Phosphorus, Total (as P) - 9/30/2017 Concentration (CO665) Quarterly Frequency Violation Quarterly Frequency Violation Quarterly Frequency Violation State of Noivh Carolina - EnvirOntnental Quality 1 %Vawr Resources 1628 ,Nbil Service Center, Raleigh, NC 27699.1628 919-791-4200 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. 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 Stale of North Carolina ' EnvirotintentaI Quality I Water Resouires 1628 41ail Scrvice Center, Raleigh, NC 27699-1623 919-791-4200 r r r r r r r r r r r r r r r r r r p N O N O N p IJ ID N O N O N O N O N N O N o fo t0 Ip nl op V V V .! m (P °O/ coil pOp A W 0 (w o w co fP N c o 0 o b o 0 0 b b b o 6 2s o 0 o b W N N N O W V O W W N N to m A m c0 w q N W V N w w O W p1 tp qo -0 ryp IC � o ? _ o vt o + o O .I Q �l + o O arp O O O m + +p_p O tv O m O C. .I q W + bA a W W w s P oT V lOo A [N.1 O � {Np A cN0 q N fl m V V V V m (h cK bQ A W o ca w w Zo fp_ w w w N < 10 N � w A N a � a w 69 w a a w w w w iA w w N w � a G N O N O N cT W m W m + O m m m O N m N m N (n (Njc O pO (rN,�nl N N O O 6 O O O O O O q O O O o O Cn O O m o o O o o O O O o O C. 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Article Addressed to: BRIAN W VAN GELDER, EAST REGION BOISE CASCADE WOOD PRODUCTS 306-CORINTH RD MONCURE, NC 27559 N00023442: LM-2018-0029-1-V-20018-0118 06/1512018 MAILED: 06/1312018 ZHANG A. Signature X /1 ©yg6nt B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes if YES, enter delivery address below: ❑ No II I If IIII Illl 111l ll l ll f l Illllfl II I I II I lit III 3. Service Type ❑ Priority Melt Express® Regis ❑ Adult Signature O Registered Merril" ❑ Adult Signature Restricted Delivery ❑ Registared Mail Restricted 9590 9402 1703 6053 0126 82 [3 Certified Malls Delivery 0 Cert@ed Mall ResWW Delivery ❑ Retu n Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery r- Signature ConomtatbnT"r 'nsured Mall L Signature Confirmation 7 017 2680 0000 2219 4278 nsured Mali Restricted Delivery Restricted Delivery over�5001 .,. PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CERTIFIED+ N ru ,-� Certilled Mail Fee r1J $ r[3Ae-turrn e3 $Fees (Check box, sold fee asappmpnetd m Recelpt Oardcopyl SC3RecNpt;electronic) $ Postmark nied Mail Restrlcted Delivery $ _ — }sere E3 Signature Required S 0 ❑ Adutt Slgnelure Restricted Delivery # [a ostage BRIAN W VAN GELDER, EAST REGION rD BOISE CASCADE WOOD PRODUCTS -n n-i of of 306-CORINTH RD f1 S MONCURE. NC 27559 Sent To NC0023442- LM-2018-0029'LV-20018.0118 � r O $ireeyari 06115f20i8 MAILED 06113i2018 7HANG l~ eiiy, �isi4