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Home My WebLink AboutWQ0028552_NOV-2020-PC-0102_20200220ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 20, 2020 CERTIFIED MAIL 7017 2680 0000 2235 8809 RETURN RECEIPT REQUESTED Mr. Michael Myers Old North State Water Company, LLC 1620 Chalk Road Wake Forest, NC 27587 Subject: NOTICE OF VIOLATION -INTENT TO ENFORCE NOV-2020-PC-0102 Briar Chapel Development Reclaimed Water Generation, Conjunctive Reclaimed Water Utilization, Non -Conjunctive Reclaimed Water Utilization, and Wastewater Irrigation System Permit Number WQ0028552 Chatham County Mr. Myers, On February 4, 2020, Rick Trone, Erin Deck, and Zach Thomas of the Raleigh Regional Office, Division of Water Resources (DWR) visited the Briar Chapel community in response to a citizen complaint. A citizen of the community had communicated concerns to DWR about a possible illegal discharge of wastewater. During the inspection, the cooperation of Mr. Lee Bowman was helpful and appreciated. Also present was Mr. John Sharp, the subcontractor for the irrigation system from Quality Landscaping. The following observations were noted by DWR staff during the February 4, 2020 site visit and subsequent file review: A small diameter purple pipe, approximately 2" in diameter, was observed protruding from the ground (Photograph 1) several feet from the southeast corner of a pump station that houses irrigation pumps and other equipment. The pump station is located at the southeast corner of the 21.3-million-gallon clay -lined central storage pond (Attachment A). • The pipe shows evidence of recent and frequent discharge of water into a swale. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 N am w � nmu N /� 919.791.4200 • Saturated soils and thick green wetland vegetation are present the entire length of the swale which leads to a stormwater grate on the north side of Boulder Point Drive (Photograph 2). Water flowing into this stormwater grate travels under Boulder Point Drive and enters a stream feature (unnamed tributary to Pokeberry Creek, classified as WS-IV; NSW). This unnamed tributary is depicted on the 2006 NRCS Soil Survey of Chatham County (Attachment A). • Mr. Bowman and Mr. Sharp explained that the discharge at the above -mentioned pipe was the result of filter backwashing using reclaimed water from the storage lagoon. It was further explained that this filter backwashing takes place several times per day when the irrigation system is operating. No discharge from the pipe was observed during the site visit, and Mr. Sharp explained this has not taken place since October of the previous year. • The direct discharge of filter backwash water is not an activity covered under the non - discharge permit (WQ0028552) issued to Old North State Water Company, LLC on April 7, 2016. As a result of the DWR site inspection and file review, the following violations are described below: Item I. Illegal Discharge of Waste to Waters North Carolina General Statute (hereby known as G.S.) 143-215.1(a) (6) requires that no person shall cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. • The unauthorized discharge of filter backwash water consisting of reclaimed water as confirmed by DWR on February 4, 2020 is a violation of G.S. 143-215.1(a) (6) affecting an unnamed tributary of Pokeberry Creek (WS-IV;NSW) in the Cape Fear River Basin. REOUESTED RESPONSE: You are requested to immediately address the below items in writing within 20 days of receipt of this letter. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Please clearly explain the mechanism by which water is discharged from the above - mentioned pipe. Please explain, in detail, the process of filter backwash that produces the discharge and where the water originates from. 2. Please clearly detail in writing, including maps and plans, how the elimination of this wastewater discharge will be accomplished. Violations of North Carolina Administrative Codes have been documented for the subject site as stated above. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to resolve ongoing environmental issues. These violations and any future violations may be subject to a civil penalty assessment of up to $25,000.00 per day for each violation. If you have any questions about this inspection or this letter, please contact Rick Trone at rick.tronekncdenr.gov or 919-791-4200. Si cerely, cott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Attachments: Attachment A cc: Central Files RRO Files Laserfiche A�A Attachment A - Briar Chapel Development Chatham County MJY a0, I� Google Maps Imagery :: Locations are approximate 2020 � and are provided for refer- ence only ram""► n �i p�v.� Attachment A - Briar Chapel Development Chatham County VaB - I { ro", Approximate Location of pipe y v �a NRCS Soil Survey Sheet 5 � :: Locations are approximate Chatham CO., NC 2006 and are provided for refer- ence only 4wa Attachment A - Briar Chapel Development Chatham County Approximate Location Ale 01 USGS Topographical Map :: locations are approximate Farrington Quadrangle 2019 = and are provided for refer- ence only:: �n w�'rym n �, IuAYV� Aiwa