NC0004308_Email Attachment_20200102 (5)

9
October 30, 2019
North Carolina Division of Water Resources
Point Source Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Badin Business Park LLC
Highway 740
P.O. Box 576
Badin, NC 28009
Tel: [phone]
RECEIVED
NOV 0 4 2019
KDEWWRINPDES
RE: BADIN BUSINESS PARK LLC (BBP) — Application for an Amendment to EMC SOC WQ S18-010
To Whom It May Concern:
Please find attached an Application for an Amendment to Special Order by Consent (SOC) EMC
SOC WQ S18-010 for Badin Business Park LLC. Included in this submittal is one original and two
copies of the completed application form and a check for the $400.00 processing fee associated
with the application.
If you have any questions regarding this amendment application, please don't hesitate to
contact me at [phone].
Sincerely,
Robyn L. Gross
Director of Asset Management Americas

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
APPLICATION FOR AN AMENDMENT TO A SPECIAL ORDER BY CONSENT
I. GENERAL INFORMATION:
1. Applicant (corporation, individual, or other): Badin Business Park LLC
2. Owner Phone: [phone]
3. Owner Email: [e-mail]
4. Facility Name (must be the same as name on the original SOC): Badin Business Park LLC
5. Original SOC No. / Issuance Date: EMC SOC WQ S18-010 / June 28, 2019
6. NPDES Permit No. (if applicable): NC0004308
5. Application Date: October 28, 2019
II. SOC COMPLIANCE HISTORY:
Please attach a listing of all violations this facility has had under this Order. Include M
violation of interim dates, relaxed permit parameters, and existing permit limits.
Badin Business Park LLC ("BBP") was not able to demonstrate compliance with the final
effluent limitations for fluoride in the Permit, as required by the SOC, which resulted in a
noncompliance at Outfall 005 in July, 2019. Additionally, in August and September BBP
was not able to comply with fluoride or cyanide limits at Outfall 005.
III. ADDITIONAL FLOW OR REALLOCATION OF EXISTING FLOW:
Only facilities owned by a unit of government may request to add additional flow to the
treatment system as part of this SOC Amendment in accordance with NCGS 143-215.67(b).
Additional flow may be allowed under an SOC amendment only in specific circumstances.
These circumstances may include eliminating discharges that are not compliant with an NPDES
or Non -discharge permit as specified in the original SOC. These circumstances do not include
failure to perform proper maintenance on treatment systems, collection systems or disposal
systems. When requesting additional flow, the facility must include its justification and
supporting documentation. If the requested additional flow is non -domestic, the facility must be
able to demonstrate the ability to effectively treat the waste and dispose of residuals. The

I . f .
applicant must provide a detailed analysis of all constituents in the proposed non -domestic
wastewater.
The total domestic additional flow requested:
The total non -domestic additional flow requested:
The total additional flow (sum of the above):
gallons per day.
gallons per day.
gallons per day.
If a reallocation of existing additional flow is needed the facility must provide justification as to
why this reallocation is needed.
Any additional flow that may be allowed will be determined by an analysis of projected adverse
impacts on the wastewater treatment facility and/or surface waters.
Not applicable
Please provide a detailed explanation as to why the SOC amendment is being requested. Include
actions already taken to avoid noncompliance with the existing SOC. Also provide details on
activities that were delayed.
As required by the existing SOC, BBP made significant improvements to its storm sewer
piping system that conveys discharges to Outfall 005. All improvements were performed in
a timely manner and completed. Unfortunately, these extensive modifications were not
sufficient to reduce fluoride and cyanide concentrations to compliant levels for discharge
into the impaired Little Mountain Creek. BBP is requesting an amended SOC to provide
for the design and construction of a pumping system to capture and pump a base flow from
the Outfall 005 drainage basin to Outfall 012, including modifications where necessary to
the existing diffuser at Outfall 012, which discharges into Badin Lake.
Please see the attached redlined version of the existing SOC.
THE DIVISION OF WATER RESOURCES WILL NOT ACCEPT THIS APPLICATION
PACKAGE UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE
SUBMITTAL.
Required Items:
a. One original and two copies of the completed and appropriately executed application
form, along with all required attachments.
• If the SOC Amendment is for a City / Town, the person signing the SOC must be
a ranking elected official or other duly authorized employee.
• If the SOC Amendment is for a Corporation / Company / Industry / Other, the
person signing the SOC must be a principal executive officer of at least the level
of vice-president, or his duly authorized representative.
2

• If the SOC Amendment is for a School District, the person signing the SOC must
be the Superintendent of Schools or other duly authorized employee.
Note: Reference to signatory requirements in SOCs may be found in the North
Carolina Administrative Code [T15A NCAC 2H .1206(a)(3)].
b. The non-refundable Special Order by Consent (SOC) processing fee of $400.00. A
check must be made payable to The Department of Environment and Natural
Resources.
3

It
APPLICANT'S CERTIFICATION:
(NO MODIFICATION TO THIS CERTIFICATION IS ACCEPTABLE)
I, f\-' b y n LL C� Co S S , attest this application for a Special Order by
Consent (SOC) amendment has been reviewed by me and is accurate and complete to the best of
my knowledge. I understand if all required parts of this application are not completed and if all
required supporting information and attachments are not included, this application package may
be returned as incomplete. (Please be advised that the return of this application does not prevent
DWR from collecting all outstanding penalties upon request). Furthermore, I attest by my
signature that I fully understand that an upfront penalty, which may satisfy as a full
settlement for past violations, may be imposed. {Note: Reference to upfront penalties in
Special Orders by Consent may be found in the North Carolina Administrative Code [T15A
NCAC 2H .1206(c)(3)].)
Date ( 0 ' � Z�u
Signature of Sigm g Offic 1
Printed Name of isnina Official
THE COMPLETED AMENDMENT APPLICATION PACKAGE, INCLUDING ALL
SUPPORTING INFORMATION, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER RESOURCES
POINT SOURCE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
IF THIS APPLICATION IS FOR A NON -DISCHARGING SYSTEM, THEN SEND TO:
NORTH CAROLINA DIVISION OF WATER RESOURCES
AQUIFER PROTECTION SECTION
1636 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1636
4

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STANLY
IN THE MATTER OF )
NORTH CAROLINA )
NPDES PERMIT NC0004308 )
HELD BY )
BADIN BUSINESS PARK LLC )
SPECIAL ORDER BY CONSENT
EMC SOC WQ S18-010
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2 and 143-215.67, this
Special Order by Consent is entered into by Badin Business Park LLC, hereinafter referred to as
Badin Park, and the North Carolina Environmental Management Commission, an agency of the
State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission. Badin Park and the Commission are referred to hereafter collectively as the
"Parties".
1. Badin Park and the Commission hereby stipulate the following:
a. Badin Park holds North Carolina NPDES permit number NC0004308 issued
September 29, 2017 (the "Permit")' for the discharge of wastewater
(contaminated groundwater), stormwater, and fire protection water from Badin
Park's facility located at NC Hwy. 740 & NCSR 1719, Stanly County, NC
("Badin Business Park") to an unnamed tributary to Little Mountain Creek and
Badin Lake (Yadkin River), Class WS-IV and WS-IV CA & B waters,
respectively, of the state in the Yadkin -Pee Dee River Basin.
b. Badin Park is unable to consistently comply with the monthly average and daily
maximum effluent limits for total cyanide, and the monthly average effluent
limits for total fluoride set forth in the Permit for Outfall 005. This Special Order
by Consent ("Special Order") addresses issues related to compliance with these
effluent limits.
c. Compliance with the monthly average fluoride limit and the daily maximum and
monthly average cyanide limits at Outfall 005 in the permit will require the design
and construction of a stormwater piping system intended to divert and pump water
from Outfall 005 to Outfall 011/012 for discharge in Badin Lake.
The North Carolina Department of Environmental Quality, Division of Water Resources ("DWR") anticipates
modifying the Permit to address matters unrelated to the total cyanide and total fluoride effluent limits for Outfall 005.
Those effluent limits remain the same in the draft modified permit which DWR expects to issue in final form in 2019
after complying with public notice requirements. At the expiration of this Special Order, Badin Park will be required
to comply with the effluent limits for Outfall 005 set forth in either the Permit as issued on September 29, 2017, or the
modified Permit, whichever is in effect at the expiration of this Special Order. References to the "Permit" throughout
this Special Order shall refer to the Permit as issued on September 29, 2017 or the modified Permit.

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 2 of 6
d. Noncompliance with final effluent limits constitutes causing and contributing to
pollution of the waters of this State named above, and Badin Park is within the
jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21.
e. Under an earlier iteration of this Special Order, Badin Park hers- iousl�
for- planning, design, a.,rl ^onstructedien o" stormwater piping system
upgrades in an effort to achieve hie a „stn„^te,l and operated, will be
suffle ent to aeh:eve compliance with the final effluent limits in the Permit; such
effort did not result in compliance.
e f. Badin Park will secure financing for planning design, and construction of a
stormwater piping system upgrade intended to divert and pump water from
Outfall 005 to Outfall 011/012 for discharge in Badin Lake, which once
constructed and operation will be sufficient to achieve compliance with the final
effluent limits in the Permit.
2. Badin Park, desiring to comply with the Permit hereby agrees to the do the following:
a. Undertake the following activities in accordance with the indicated time schedule:
Scheduled Activity
Due Date
Site Water Quality and Flow Data Collection
Mav 29 2020
Model Development and Technical Justification
June 09, 2020
En ing eering Design — Pumping, Piping, and Control System to
June 17, 2020
Outfall 012/13adin Lake and Diffuser Model
NPDES Permit Modification and Technical Justification
_July 27 2020
Submittal
NPDES Permit Revision — NCDEQ and EPA Review, Public
January 28 2021
Comment Period, Revisions, and Final Permit Issuance
Procurement and Construction of Pumping System and
October 11, 2021
Overflow Controls
System Operation and Testing to demonstrate compliance with
JanuaLy 10 2022
final effluent limits
e st
Complete the e t>, installed
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February 28, 201-9
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Badin Business Park LLC
EMC SOC WQ S 18-010
Page 3 of 6
b. Badin Park will comply with all terms and conditions of the Permit except those
effluent limits identified in paragraph 1(b) above. See Attachment A for all current
monitoring requirements and effluent limits for Outfall 005. Badin Park may also
be required to monitor for other parameters, as deemed necessary by the Director,
in future permits or administrative letters. Badin Park shall comply with the
interim effluent limits for total fluoride and total cyanide at Outfall 005 as listed in
the table below until the deadline for attaining final compliance with the final
effluent limitations in the Permit. Badin Park shall attain compliance with the final
effluent limitations in the Permit as listed in the table below by July 31, 2019.
Under this Special Order, only the parameters listed below have been modified from
the most current NPDES Permit in effect for Outfall 005.
Parameters
Units
Permit Limits
Interim Limits
Monthly Avg.
Daily Maximum
Monthly Avg.
Daily Maximum
Total Fluoride
mg/L
1.8 mg/L
24 mg/L
5.0 mg/L
24 mg/L
Total Cyanide
µg/L
5.0 µg/l
46.6 µg/1
100.0 µg/L
148.5 µg/L
No later than fourteen (14) calendar days after any date identified for
accomplishment of any activity listed in paragraph 2(a) above, submit to the
Director of the Division of Water Resources ("DWR") written notice of
compliance (including the date compliance was achieved along with supporting
documentation if applicable) or noncompliance therewith. In the case of
noncompliance, the notice shall include a statement of the reason(s) for
noncompliance, remedial action(s) taken, and a statement identifying the extent to
which subsequent dates or times for accomplishment of listed activities may be
affected.
d. If the stormwater piping system upgrades required by this Special Order have not
been completed by the date of the issuance of this Special Order, Badin Park
shall, within thirty (30) days of that issuance, secure and provide documentation
to DWR of an irrevocable standby letter of credit (Letter of Credit) to cover the
cost of the uncompleted construction. The institution issuing the Letter of Credit
shall be an entity which has the authority to issue letters of credit and whose letter
of credit operations are regulated and examined by a Federal or State agency. The
Letter of Credit shall be issued in favor of the State of North Carolina. The
financial assurance provided by the Letter of Credit must be continuous in nature
and must bind Badin Park as well as its successors -in -interest. The amount of
coverage of the Letter of Credit shall be at least 100% of the estimated cost of

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 4 of 6
constructing the stormwater piping system upgrade required by this Special
Order. DWR may increase the amount of the Letter of Credit if it concludes that
additional work is required in order to achieve final compliance with effluent
limits in the Permit. The Letter of Credit shall be maintained during the term of
this Special Order until it expires or is otherwise canceled.
3. Badin Park agrees that unless excused under paragraph four (4), Badin Park will pay the
DWR, by check payable to the North Carolina Department of Environmental Quality,
stipulated penalties according to the following schedule for failure to meet the deadlines
set out in paragraphs 2(a) and 2(c).
Violation Description
Stipulated Penalty
Failure to meet a scheduled date
$1,000 per day
Failure to comply with an interim
$1,000 for exceeding monthly average
limit; $500 for exceeding daily maximum
effluent limit
limits
Monitoring frequency violations for
$100 per omitted value per parameter
modified parameters
Failure to Timely Submit Notice
$1,000 for the first violation; penalty
Required by Paragraph 2(c)
doubles with each subsequent assessment
for late notice
Failure to achieve compliance with final
$5,000 (single penalty)
effluent limits
4. Badin Park and the Commission agree that the stipulated penalties are not due if Badin
Park satisfies DWR that noncompliance was caused solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant or
if the act or omission occurs in connection with a contractual relationship with the
permittee;
d. An extraordinary event beyond the permittee's control. Contractor delays or
failure to obtain funding will not be considered as events beyond the permittee's
control; or
e. Any combination of the above causes.

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 5 of 6
Failure within thirty (30) days of receipt of written demand by DWR to pay the penalties,
or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate. The
only issue in such an action will be whether the thirty (30) days has elapsed.
5. Since this Special Order is by consent, the Parties acknowledge that review of the same is
not available to the Parties in the N.C. Office of Administrative Hearings. Furthermore,
neither party shall file a petition for judicial review concerning the terms of this Special
Order.
6. Noncompliance with the terms of this Special Order is subject to enforcement action in
addition to the above stipulated penalties, including, but not limited to injunctive relief
pursuant to G.S. 143-215.6C or termination of this Special Order by the Director of DWR
upon ten (10) days' notice to Badin Park. Noncompliance with the terms of this Special
Order will not be subject to civil penalties in addition to the above stipulated penalties.
7. This Special Order and any terms or conditions contained herein, hereby supersede any
and all previous Special Orders, Enforcement Compliance Schedule Letters, terms,
conditions, and limits contained therein issued in connection with NPDES permit number
NC0004308. In the event of an NPDES permit modification or renewal, any effluent limit
or monitoring requirements contained therein shall supersede those contained in
Attachment A of this Special Order, except as modified and contained in paragraph 2(b)
above.
8. This Special Order may be modified at DWR's discretion, provided DWR is satisfied that
Badin Park has made good faith efforts to secure funding, complete all construction, and
achieve compliance within the dates specified. In accordance with applicable law,
modification of this Special Order will go to public notice prior to becoming effective.
9. In addition to any other applicable requirement, each notice required to be submitted by
Badin Park under this Special Order shall be signed by a plant manager or a corporate
official responsible for environmental management and compliance, and shall include the
following certification:
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 manage 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 fine and
imprisonment for knowing violations.

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 6 of 6
10. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special
Order and require Badin Park to comply with the terms and conditions contained in the
Permit.
11. Badin Park, upon signature of this Special Order, will be expected to comply with all
schedule dates, terms, and conditions of this document.

Badin Business Park LLC
EMC SOC WQ S 18-010
Page 7 of 6
This Special Order by Consent shall expire Qetober-March 3047, 20224-9.
For Badin Business Park LLC
Robyn L. Gross, Director
Asset Management Americas
For the North Carolina Environmental Management Commission:
Linda Culpepper, Interim Director
Division of Water Resources
Date
Date