NCS000511_Other Correspondence_20071116

Jun 15 08 11:09a Pacific Mulch
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252-492-7278 p,2
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Michael R Easky, Govemor
William u. RossJT., secretary
Norlh Carolina Department of J nvirorm"and Natural Resources
Colon Swains, Director
Division of "Vater Quality
Chuck Wakild, Deputy Director
Division of %Vatcr Quality
November 16, 2007
Mr. George Cunningham
Pacific Mulch, Inc.
PO Box 60
Henderson, NC 27536
Subject: -Pond Sampling Results
Mr. George Cutmingham
Pacific Mulch Inc_
Vance County
Dear Mr. Cunningham:
On November 13, 2007, Autumn Hoban and Myrl Nisely of the Division of Water
Quality, Raleigh Regional Office conducted surface sampling of the pond nearby pacific
Mulch for pH and Dissolved Oxygen,
Accordingly, the following observations were noted:
1) pH was 6.42 (much improved from the initial reporting of pH of 4.5)
2) Dissolved Oxygen was 0.21 (is low and not significantly improved)
Other Observations:
The facility sampled the pond and reported the salve or similar results, The firefighting event is the most likely cause of the discharge and therefore falls under exemption.
§ 143-215.83. Discharges.
(a) Unlawful Discharges, — It shall be unlawful, except as otherwise pro-% ided in
this Part, for any person to discharge. or cause to be discharged, oil or other hazardous
substances into or upon any waters, tidal flats, beaches, or lands within this State, or
into any sewer, surface water drain or other waters that drain into the waters of this State,
regardless of the fault of the person having control over the oil or other hazardous
substances, or regardless of whether the discharge was the result of intentional or
negligent conduct, accident or other cause.
(b) Excepted Discharges. — This section shalt not apply to discharges of oil or
other hazardous substances in the fallowing circulnsta ces:
When any person subject to liability under this ,Article proves that a
discharge was caused by any of the following:
e. Any act or Omission by or at the direction of a law -enforcement offieer or
fireman.
2hCanatia
arrull
'•+F. C. Dliv:siort of WaterQt:ality Addxtss Phone Number
Which Regional Office
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Jan 15 08 11:09a Pacific Mulch 252-492-7278 p.3
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Page 2
Pacific muich, inc.
Vance County
Consideration of Natural Conditions are also required wben concerning water duality
standards. Prior to the fire, Lech Creek was dry and not suitable for aquatic life due to
the extreme drought conditions.
It is recommended that dissolved oxygen could be increased by bubbling air into the pond
via a pump and piping device that would allow air bubbles to be released slowly such as
not to disturb solids settled at the bottom of the pond as we discussed during this
sampling visit. The pond is large, se effectiveness would depend upon theability to
aerate a substantial area of the pond, which may be impractical, but would have some
positive benefit. A slow release of tLe pond water "that meets strearn standards" over
time is a reasonable option to avoid overf-ows of large vOlumcs at once during a rain
event and allows available volume space in the pond for rainwater to further aid in the
recovery of pond condition over time_ Lynch Creek was still dry and unable to support
aquatic life on November 16, 2007, the day of the pond sampling.
The: pH now meets strearn standards, so pumping the pond water, for land application, is
at the discretion of the owner as the activity is "deemed permitted" and no permits from
NCDENR DWQ would be required.
If r can be of further assistance, please contact me.
Sincerely,
Autumn Hoban
Environmental Specialist
Surface Water Protection Section
cc: Pacific Mulch Board of Directors
Pacific Mulch, Inc.
PO Box 60
Henderson, NC 27536
RR.O Files