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HomeMy WebLinkAboutNC0023981_CostTables_20150701Table 6.2.1. Capital Costs Gunpowder Creek WWTP Improvements City of Lenoir Complete the areas shown in gray below. Where shown, use pulldown menu to select options. The spreadsheet will calculate the capital costs. Alternative 5i- Regionalization with Surrounding POTWs Project Administration $ : $493,000' Component Unit Cost' Unit Quantity Total Cost Mobilization (3%) $747,000 LS 1' $747,000 Submersible Pumps'(6.0 MGD Transfer Pump Station) $600,000 LS 1' $600,000 Pump Station Infrastructure $2,000,000' LS 1' $2,000,000 20-Inch Ductile Iron Force Main $150' LF 27,000 $4,050,000 Abandon Gunpowder Creek WWTP $1,500,000' LS 1 $1,500,000 Granite Falls WWTP Upgrade/ Expansion $8' Gal. 2,000,000 $16,000,000 'Unit costs are in today's dollars, not future dollars. Total Construction Cost: Construction Contingency Cost. Project Administration Cost:1 Total Capital Cost: $24,897,000 $2,489,700 $493,000 1 $27,879,700 Table 6.2.2. Replacement Cost Life Cycle Assumptions Gunpowder Creek WWTP Improvements City of Lenoir Complete the areas shown in gray below. Where shown, use pulldown menu to select options. The spreadsheet will calculate the capital costs. Alternative 5 - Regionalization with Surrounding POTWs Expected Life Replacement Component Cycle Needed? * Rational for Expected Life Cycle Mobilization (3%) N/A No N/A Submersible Pumps (6.0 MGD Transfer Pump Station) 15 years Yes Mechanical equipment Pump Station Infrastructure 30 years No Working facility 20-Inch Ductile Iron Force Main 50 years No Buried, piping Abandon Gunpowder Creek WWTP N/A No N/A Granite Falls WWTP Upgrade/,Expansion 25 years No Working facility eriod for replacement would be Years 1 through 20 only. C Present Worth Awlysis R� IenoirGunpowder REVxls J Replacement Costs Input Alternative: Alternative 5 - Regionalization with Surrounding POT Ws For each component enter "Y" in the gray area in the year in which replacement, ijany, will occur. Replacement Needed? (Yean 1-20 Year Replacement Needed?(Insert Y in year where replacement is needed. Component Unit Cost Unit Quantity 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Mobilization 3% $747000 LS I No Submersible Pam 6.0 MGD Transfer Pun $600000 ILS I No y , Pump Station Infrastructure 12 000 000 LS 1 No 20-Inch Ductile Imn Force Main $I50 LF 27,000 No Abandon Gun order C—.- W WTP $l 500 000 LS 1 No Granite Falls W WTP U de/ E ansion S8 Gal. 2,000,0001 No Replacement Costs- Entry Page 3 of 36 Table 6.2.3. Replacement Costs (Years 1 to 5) j Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Present Value of Replacement Costs in Year: 1 2 3 4 5 Component Unit Cost Unit Quantity Mobilization (31/o) $747,000 LS 1 $0 $0 $0 $0 $0 Submersible Pumps (6.0 MGD Transfer Pump Station) $600,000 LS 1 $0 $0 $0 $0 $0 Pump Station Infrastructure $2,000,000 LS 1 $0 $0 $0 $0 $0 20-Inch Ductile Iron Force Main $150 LF 27,000 $0 $0 $0 $0 $0 Abandon Gunpowder Creek WWTP $1,500,000 LS 1 $0 $0 $0 $0 $0 Granite Falls WWTP Upgrade/ Expansion $8 Gal. 2,000,000 $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Years 1 to 5): $01 $0 $01 $0 $0 Table 6.2.4. Replacement Costs (Years 6 to 10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs Current Inflation Rate based on Construction Cost Index: 2.071/o EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of Replacement Costs in Year: 6 7 8 9 10 Mobilization (31/6) $747,000 LS 1 $0 $0 $0 $0 $0 Submersible Pumps (6.0 MGD Transfer Pump Station) $600,000 LS 1 $0 $0 $0 $0 $0 Pump Station Infrastructure $2,000,000 LS 1 $0 $0 $0 $0 $0 20-Inch Ductile Iron Force Main $150 LF 1 27,000 $0 $0 $0 $0 $0 Abandon Gunpowder Creek WWTP $1,500,000 LS 11 $0 $0 $0 $0 $0 Granite Falls WWTP Upgrade/ Expansion $8 Gal. 1 2,000,000 $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Years 6 to 10): $0 $0 $0 $0 $0 Table 6.2.5. Replacement Costs (Years 11 to 15) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Present Value of Replacement Costs in Year: 11 12 13 14 15 Component Unit Cost Unit Quantity Mobilization (3%) $747,000 LS 1 $0 $0 $0 $0 1 $0 Submersible Pumps (6.0 MGD Transfer Pump Station) $600,000 LS 1 $0 $0 $0 $0 $399,359 Pump Station Infrastructure $2,000,000 LS 1 $0 $0 $0 $0 1 $0 20-Inch Ductile Iron Force Main $150 LF 27,000 $0 $0 $0 $0 ! $0 Abandon Gunpowder Creek WWTP $1,500,000 LS 1 $0 $0 $0 $0 $0 Granite Falls WWTP Upgrade/ Expansion $8 Gal. 2,000.000 $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Years 11 to 15): $0 Sol $0 $0 $399,359 Table 6.2.6. Replacement Costs (Years 16 to 20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of Replacement Costs in Year: 16 17 18 19 20 Mobilization (3%) $747,000 LS 1 $0 $0 $0 $0 $0 Submersible Pumps (6.0 MGD Transfer Pump Station) $600,000 LS 1 $0 $0 $0 $0 $0 Pump Station Infrastructure $2,000,000 LS 1 $0 $0 $0 $0 $0 20-Inch Ductile Iron Force Main $150 LF 27,000 $0 $0 $0 $0 $0 Abandon Gunpowder Creek WWTP $1,500,000 LS 1 $0 $0 $0 $0 $0 Granite Falls WWTP Upgrade/ Expansion $8 Gal. 2,000,000 $0 $0 $0 $0 0.01 Total Present Value of Replacement Costs (Years 16 to 20): $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Life of Project): $399,359 Table 6.2.7. Present Value of Operations and Maintenance Costs (Years 1-10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs Complete the cells shown in gray below. EPA Discount Rate: I 4.875% to Based on Municipal Cost Index: 2.76% Present Value of O&M Costs for Year: Component Employee Salary Unit Cost $30000 Unit FTE Quantity1 1`. $29,395 2 $28,802 3 $28,221 4 $27,652 5 $27,094 6 $26,548 7 $26,013 8 $25,488 9 $24,974 10 $24,470 Lift station maintenance $25000YR. 1! $24,496 $24,002 $23,518 $23,043 $22,579 $22,123 $21,677 $21,240 $20,812 $20,392 Pipe line maintenance $1.00 LF 27,000 $26,455 $25,922 $25,399 $24,887 $24,385 $23,893 $23,411 $22,939 $22,476 $M,023 ! $313 Water $4 1000 gal 96. $376 $369 $361 $354 $347 $340 $333 $326 $320 Power kW-hr 250,000 $19,597 $19,2011 $18,814 $18,435 $18,0631 $17,6991 $17,342 $16,992 $16,649 $16,313 Training _$0.08 $1,000.00 Course 3 $2,939 $2,8801 $2,822 $2,765 $2,7091 $2,6551 $2,6011 $2,5491 $2,497 $2,447 Total Present Value of Yearly O&M Expenses (Years 1-10):1 $103,259 101,1761 $99,136 $97-136 1.0-5.1771 S93.2581 $91.3771 $89,5341 $87,728 $85,959 I Table 6.2.8. Present Value of Operations and Maintenance Costs (Years 11-20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs lased on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Present Value of O&M Costs for Year: Component Unit Cost Unit Quantity 11 12 13 14 15 16 17 18 19 20 Employee Salary $30,000 FTE 1 $23,977 $23,493 $23,019 $22,555 $22,100 $21,654 $21,218 $20,790 $20,371 $19,960 Lift station maintenance $25,000 YR 1 $19,981 $19;578 $19,183 $18,796 $18,417 $18,045 $17,681 $17,325 $16,975 $16,633 Pipe line maintenance $1 LF 27,000 $21,579 $21,144 $20,717 $20,300 $19,890 $19,489 $19,096 $18,711 $18,333 $17,964 Water $4 1000 gal 96 $307 $301 $295 $289 $283 $277 $272 $266 $261 $255 Power I $0.080 kW-hr 1 250,0001 $15,9841 $15,6621 $15,3461 $15,0371 $14,7331 $14,4361 $14,1451 $13,8601 $13,5801 $13,306 Training 1 $1,000 1 Course 1 3 $2,3981 $2,3491 $2,3021 $2,2561 $2,2101 $2,1651 $2,1221 $2,0791 $2,0371 $1,996 Total Present Value of Yearly O&M Expenses (Years 11-20): $84,2251 $82,5271 $80,8621 $79,2311 $77,6341 $76,0681 $74,5341 $73,0311 $71,5581 $70,114 Total Present Value of Annual O&M Costs (Life of Project): $1,713,523 6/29/2022 Present_Wortt Analysts_Rev_Aprl2-LemirGunpowder REVads O&M Intermittent Costs Input Alternative: Alternative 5 - Regionalization with Surrounding POTW s och eamna,ent enter 7in the or" area in the near in which replacement, ifany, will occur. Year O&M Needed? (Insert Y in year where 0&M is needed.) Component Unit Cost it QU2nfi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 116 17 18 19 '.Station wok'::---55000 EA'. 1 Y Y rY ie I Integration $3.000 EA'. 1: Y Y = Y , Y Y Y Y Y; Y inspection /rebab $2,500 EA I 1 Y Y Y Inter O&M En Page 20 of 36 .�1 Table 6.2.9. Present Value of Intermittent Operations and Maintenance Costs (Years 1-10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs ed on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Component U1EA Unit Quantity1 Present Value of O&M Costs for Year: 2 3 4 5 6 7 8 9 10 Pump Station work EA 1 $0 $0 $0 $4,609 $0 $0 $0 $4,248 $0 $0 Telemetry / Integration EA 1 $0 $2,880 $0 $2,765 $0 $2,655 $0 $2,549 $0 $2,447 Valve inspection / rehab 1 $0 $0 $0 $0 $2,258 $0 $0 $0 $0 $2,039 >nt Value of Intermittent Operations & Maintenace Costs (Years 1-10):1 $0 $2,880 $0 $7,374 $2,258 $2,655 $0 $6,797 $0 $4,486 Table 6.2.10. Present Value of Intermittent Operations and Maintenance Costs (Years 11-20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 5 - Regionalization with Surrounding POTWs ed on Municipal Cost Index: 2.76% EPA Discount Rate: 4.8750/o' Present Value of O&M Costs for Year: Component Unit Cost Unit Quantity 11 $0 12 $0 13 $0 14 $3,759 15 $0 16 $0 17 $0 18 $3,465 19 $0 201 $0 Pump Station work Telemetry / Integration $5,000 $3,000 EA EA 1 1 $0 $2,349 $0 $2,256 $0 $2,165 $0 $2,079 $0 $1,996 Valve inspection / rehab $2,500 EA 1 1 $0 $0 $0 $0 $1,842 $0 $0 $0 $0 $1,663 It ,cc en Cc cdd en 4z3_659 it Value of Intermittent Operations as iviamtenace %.uses kIcal 5 jLjL-zv). 'P�j w II--- Total Present Value of Intermittent Operations & Maintenance Costs (Life of Project)j $48,024 i Table 6.2.11. Capital Costs Gunpowder Creek WWTP Improvements City of Lenoir Complete the areas shown in below. Where shown, use pulldown menus to select options. The spreadsheet will calculate the capital costs. Alternative: Alternative 6A - Wet Weather Flow Equalization Basin Project Administration $ : $493000 Component Unit Costa Unit Quantity Total Cost Mobilization $92,000 LS 1 $92,000 E ualization Basin, Equipment, & Piping $2000,000 LS 1' $2,000,000 Diffuser / E ui ment Replacements $425,000 LS 1' $425,000 Blower Line Repairs $75,000 LS 1 $75,000 SCADA, Instrumentation, Controls, and Electrical $5509000 LS 1 $550,000 Piping and Valves $2009000 LS 1; $200,000 Grading, Restoration, Paving $I10,000 LS I 1 $110,000 'Unit costs are in today's dollars, not future dollars. Total Construction Cost: Construction Contingency Cost: Project Administration Cost: Total Capital Cost: Table 6.2.12. Replacement Cost Life Cycle Assumptions Gunpowder Creek WWTP Improvements j City of Lenoir Complete the areas shown in gray below. Where shown, use pulldown menu to select options. The spreadsheet will calculate the capital costs. Alternative 6A - Wet Weather Flow Equalization Basin Expected Life Replacement Component Cycle Needed? * Rational for Expected Life Cycle Mobilization N/A No N/A Equalization Basin, Equipment, & PiTing 25 years No Working facility Diffuser / E ui ment Replacements lacements 15 years Yes Mechanicalequipment a Blower Line Repairs 25 -`.ears No Buried piping. on a working site SCADA, Instrumentation, Controls, and Electrical 25 years No Electrical equipment Piping and'Valves 30 years No Working facility Grading, Restoration, Paving. N/A I No N/A * Period for replacement would be Years 1 through 20 only. Replacement Costs Input Alternative: Alternative 6A - Wet Weather Flow Equalization Basin For each component, enter "Y" in the gray area in the year in which replacement, ijany, will occur. Replacement Needed? (Yean 1-20 Year Replacement Needed?(Insert Yin yearwhem replacement is needed. Component Unit Cost Unit Quantity 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Mobilization $92 000 LS I No Equalization Basin, & Piping $2 000 000 LS I No Diffuser/ EquipmentR lacements S425000 LS 1 Yes -y Blower Line Repairs $75 000 LS 1 No SC Instrumentation, Controls and Elo $550 000 LS I No Ti in and Valves $200000 LS 1 No Gmdingj, Rcstomtion, Paving $110000 LS 1 No Table 6.2.13. Replacement Costs (Years 1 to 5) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Present Value of Replacement Costs in Year: 1 2 3 4 5 Component Unit Cost Unit Quantity Mobilization $92,000 LS Equalization Basin, Equipment, & Piping $2,000,000 LS Diffuser / Equipment Replacements $425,000 LS Blower Line Repairs $75,000 LS SCADA, Instrumentation, Controls, and Electrical $550,000 LS Piping and Valves $200,000 LS Grading, Restoration, Paving $110,000 LS Total Present Value of Replacement Costs 1 1 1 1 1 1 1 (Years 1 to 5): $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 1 $0 $0 $0 $0 $0 $0 $0 $0 I (07 (` ��J Table 6.2.14. Replacement Costs (Years 6 to 10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of Replacement Costs in Year: 6 7 8 9 10 Mobilization $92,000 LS 1 $0 $0 $0 $0 $0 Equalization Basin, Equipment, & Piping $2,000,000 LS 1 $0 $0 $0 $0 $0 Diffuser / Equipment Replacements $425,000 LS 1 $0 $0 $0 $0 $0 Blower Line Repairs $75,000 LS 1 $0 $0 $0 $0 $0 SCADA, Instrumentation, Controls, and Electrical $550,000 LS 1 $0 $0 $0 $0 $0 Piping and Valves $200,000 LS 1 $0 $0 $0 $0 $0 Grading, Restoration, Paving $110,000 LS 1 $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Years 6 to 10): $0 $0 $0 $0 $0 Table 6.2.15. Replacement Costs (Years 11 to 15) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Present Value of Replacement Costs in Year: 11 12 $0 13 $0 14 1 $0 15 � $0 Component Unit Cost Unit Quantity Mobilization $92,000 LS 1 1 $0 $0 $0 $0 $0 $0 Equalization Basin, Equipment, & Piping $2,000,000 LS 1 $0 $0 $0 $0 $282,879 Diffuser / Equipment Replacements $425,000 LS $0 $0 $0 $0 $0 Blower Line Repairs $75,000 LS 1 1 $0 $0 $0 $0 1 $0 SCADA, Instrumentation, Controls, and Electrical $550,000 ILS $0 1 $0 Piping and Valves $200,000 LS 1 1 $0 $0 $0 $0 $0 $0 $0 $0 Grading, Restoration, Paving Total Present Value $110,000 of Replacement LS Costs (Years 11 to 15): $0 $0 $0 $0 $282,879 i Table 6.2.16. Replacement Costs (Years 16 to 20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of Replacement Costs in Year: 16 17 18 19 20 Mobilization $92,000 LS 1 $0 $0 $0 $0 $0 Equalization Basin, Equipment, & Piping $2,000,000 LS 1 $0 $0 $0 $0 $0 Diffuser / Equipment Replacements $425,000 LS 1 $0 $0 $0 $0 $0 Blower Line Repairs $75,000 LS 1 $0 $0 $0 $0 $0 SCADA, Instrumentation, Controls, and Electrical $550,000 LS 1 $0 $0 $0 $0 $0 Piping and Valves $200,000 LS 1 $0 $0 $0 $0 $0 Grading, Restoration, Paving $110,000 LS 1 $0 $0 $0 $0 $0 Total Present Value ofReplacment Costs (Years 16 to 20): $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Life of Project): $282,879 Table 6.2.17. Present Value of Operations and Maintenance Costs (Years 1-10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin Complete the cells shown in gray below. ed on Municipal Cost Index: 2.76% EPA Discount Rate: 4.876% Present Value of O&M Costs for Year: Component Unit Cost Unit Quantity Water ; $4 1000 gal 1 72 1 $282 2 $277 3 $271 4 $265 5 $260 6 $255 7 $250 8 $245 9 $240 101 $235 Power $008 kW-hr 75,000 $5,879 $5,760 $5,644 $5,530 $5,419 $5,310 $5,203 $5,098 $4,995 $4,894 Training $1,000_00 Course 3 $2,939 $2,880 $2,822 $2,765 $2,709 $2,655 $2,601 $2,549 $2,497 $2,447 Total Present Value of Yearly O&M Expenses (Years 1-10): $9,101 $8,917 $8,737 $8,561 $8,388 $8,219 $8,053 $7,891 $7,732 $7,576 I Table 6.2.18. Present Value of Operations and Maintenance Costs (Years 11-20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin ed on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Present Value of O&M Costs for Year: Component Unit Cost Unit Quantity 11 12 13 14 15 16 17 18 19 20 Water 4 1000 gal 72 $230 $226 $221 $217 $212 $208 $204 $200 $196 $192 Power 0.08 kW-hr 75,000 $4,795 $4,699 $4,604 $4,511 $4,420 $4,331 $4,244 $4,158 $4,074 $3,992 Training 1000 Course 3 $2,398 $2,349 $2,302 $2,256 $2,210 $2,165 $2,122 $2,079 $2,037 $1,996 Total Present Value of Yearly O&M Expenses (Years 11-20):1 $7,4231 $7,2731 $7,1271 $6,9831 $6,8421 $6,7041 $6,5691 $6,4371 $6,3071 $6,180 Total Present Value of Annual O&M Costs (Life of Project):1 $151,021 6/2"12 Present Worth_Analyses_Re%_Aprl2-LenoirOunpowder REV.ds Intermittent O&M Costs Input Alternative: Alternative 6A - Wet Weather Flow Equalization Basin For each component, enter *Y" in the gray area in the year in which replacement, ijany, will occur. Year O&M Needed?(Insert Y in year where O&M is needed. Component unit Cost Unit Q."tity 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ui. mentmaintenance -$25 000 -. EA 1 - Y Y `Y Y X'. Y Y Y. Y -. Ime tion :S3000 - EA 1 -. Y-- - Y Y - Y Y --:Y Y Y --: Vake inspection/rehab =S2 00 .EA I Y Y - I 2lnter0&M En r 'Page 22 oF36 t Table 6.2.19. Present Value of Intermittent Operations and Maintenance Costs (Years 1-10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin ed on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of O&M Costs for Year: 1 2 3 4 5 6 7 8 9 10 Equipment maintenance $25,000 EA 1 $0 $0 $0 $23,043 $0 $0 $0 $21,240 $0 $0 Integration $3,000 EA 1 $0 $2,880 $0 $2,765 $0 $2,655 $0 $2,549 $0 $2,447 Valve inspection / rehab $2,500 EA 1 $0 $0 $0 $0 $2,258 $0 $0 $0 $0 $2,039 ent Value of Intermittent Operations & Maintenace Costs (Years 1-10):1 $0 $2,880 $0 $25,809 $2,258 $2,655 $0 $23,789 $0 $4,486 Table 6.2.20. Present Value of Intermittent Operations and Maintenance Costs (Years 11-20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6A - Wet Weather Flow Equalization Basin ed on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Present Value of O&M Costs for Year: Com onent Unit Cost Unit Quantity 11 12 13 14 15 16 17 18 19 201 $0 Equipment maintenance $25,000 EA 1 $0 $0 $0 $18,796 $0 $0 $0 $17,325 $0 Integration $3,000 EA 1 $0 $2,349 $0 $22256 $0 $2,165 $0 $2,079 $0 $1,996 Valve inspection / rehab $2,500 EA 1 $0 $0 $0 $0 $1,842 $0 $0 mn $0 min •n� $0 QUA $1,663 Q`2 GCO it Value of Intermittent Operations & lvlamtenace costs (Years jLjL-zu):l 17jul mV I Op ,w=1 ,..+. WV1 1---- -- -- Total Present Value of Intermittent Operations & Maintenance Costs (Life of Project) $112,347 I Table 6.2.21. Capital Costs Gunpowder Creek WWTP Improvements City of Lenoir Complete the areas shown in gray below. Where shown, use pulldown menus to select options. The spreadsheet will calculate the capital costs. Alternative: Alternative 6B rr- Additional SBR Basin Project Administration $ : $493,000 Component Unit Costa Unit Quantity Total Cost Mobilization $92,000 LS 1' $92,000 Process Basin, Equipment, & Piping $1,700,000 LS 1 $1,700,000 Diffuser / Equipment Replacements $425,000 LS 1' $425,000 Blower Line Repairs $75,000 LS 1' $75,000 SCADA, Instrumentation, Controls, and Electrical $450,000 LS 1 $450,000 Wiping and Valves $200,000 LS 1 $200,000 Grading, Restoration, Paving $110,000 LS 1' $110,000 allnit costs are in today's dollars, not future dollars. Total Construction Cost: Contingency Cost: Project Administration Cost: Total Capital Cost: $3,052,000 $305,200 $493,000 $3,850,200 Table 6.2.22. Replacement Cost Life Cycle Assumptions Gunpowder Creek WWTP Improvements City of Lenoir Complete the areas shown in gray below. Where shown, use pulldown menu to select options. The spreadsheet will calculate the capital costs. Alternative 6B - Additional SBR Basin I Expected Life Replacement j Component Cycle Needed? * Rational for Expected Life Cycle Mobilization: N/A No N/A Process Basin, Equipment, & Piping 25 years No Working facility Diffuser I Equipment Replacements 15 years Yes Mechanical equipment Blower Line Repairs 25 years No Buried piping on a working site SCADA, Instrumentation, Controls, and Electrical 25 years No Electrical equipment Piping and Valves 30 years No Working facility ,Grading, Restoration, Paving N/A No N/A * Period for replacement would be Years 1 through 20 only. Replacement Costs Input Altemative: Alternative 6B - Additional SBR Basin For each componen4 enter "Y" in thegray area in the year in which replacement, ijany, will occur. Replacement Needed? (Years 1-20 Year Replacement Needed?(Insert Y in year where relacemeat is needed. Component Unit Cost Unit Ongntity 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Mobilization S92 000 LS 1 Process Basin, & Piping $1700 000 LS 1 Diffuser/ Equipment Replacements S425 000 LS 1 Yes _ Y Blower Line Repairs S75 000 LS 1 SC ADA Imtrumentatio Conhols and Elo $450 000 LS 1 Pi in and Valves $200000 LS 1 IGmding, Restoration,Paving $110000 LS 1 Table 6.2.23. Replacement Costs (Years 1 to 5) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Present Value of Replacement Costs in Year: 1 2 3 4 5 Component Unit Cost Unit Quantity Mobilization $92,000 LS 1 $0 $0 $0 $0 $0 Process Basin, Equipment, & Piping $1,700,000 LS 1 $0 $0 $0 $0 $0 Diffuser / Equipment Replacements $425,000 LS 1 $0 $0 $0 $0 $0 Blower Line Repairs $75,000 LS 1 $0 $0 $0 $0 $0 SCADA, Instrumentation, Controls, and Electrical $450,000 LS 1 $0 $0 $0 $0 $0 Piping and Valves $200,000 LS 1 $0 $0 $0 $0 $0 Grading, Restoration, Paving $110,000 LS 1 $0 $0 $0 $0 1 $0 ISO Total Present Value of Replacement Costs (Years 1 to 5): $0 $0 $0 Sol Table 6.2.24. Replacement Costs (Years 6 to 10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of Replacement Costs in Year: 6 7 8 9 10 Mobilization $92,000 LS 1 $0 $0 $0 $0 $0 Process Basin, Equipment, & Piping $1,700,000 LS 1 $0 $0 $0 $0 $0 Diffuser / Equipment Replacements $425,000 LS 1 $0 $0 $0 $0 $0 Blower Line Repairs $75,000 LS 1 $0 $0 $0 $0 $0 SCADA, Instrumentation, Controls, and Electrical $450,000 LS 1 $0 $0 $0 $0 $0 Piping and Valves $200,000 LS 1 $0 $0 $0 $0 $0 Grading, Restoration, Paving $110,000 LS 1 $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Years 6 to 10): $0 $0 $0 $01 $0 Table 6.2.25. Replacement Costs (Years 11 to 15) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Present Value of Replacement Costs in Year: 11 12 13 14 15 1 1 $0 Component Unit Cost Unit Quantity Mobilization $92,000 LS 1 $0 $0 $0 $0 $0 Process Basin, Equipment, & Piping $1,700,000 LS 1 $0 $0 $0 $0 Diffuser / Equipment Replacements $425,000 LS 1 $0 $0 $0 $0 $282,879 I $0 Blower Line Repairs $75,000 LS 1 $0 $0 $0 $0 $0 $0 $0 I $0 SCADA, Instrumentation, Controls, and Electrical $450,000 LS 1 $0 $0 Piping and Valves $200,000 LS 1 $0 $0 $0 $0 $0 Grading, Restoration, Paving $110,000 LS 1 $0 $0 $0 $0 Total Present Value of Replacement Costs (Years 11 to 15): $0 $0 $0 $0 $282.879 Table 61.26. Replacement Costs (Years 16 to 20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin Current Inflation Rate based on Construction Cost Index: 2.07% EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of Replacement Costs in Year: 16 17 18 19 20 Mobilization $92,000 LS 1 $0 $0 $0 $0 $0 Process Basin, Equipment, & Piping $1,700,000 LS 1 $0 $0 $0 $0 $0 Diffuser / Equipment Replacements $425,000 LS 1 $0 $0 $0 $0 $0 Blower Line Repairs $75,000 LS I 1 $0 $0 $0 $0 $0 SCADA, Instrumentation, Controls, and Electrical $450,000 LS 1 $0 $0 $0 $0 $0 Piping and Valves $200,000 LS 1 $0 $0 $0 $0 $0 Grading, Restoration, Paving $110,000 LS 1 $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Years 16 to 20): $0 $0 $0 $0 $0 Total Present Value of Replacement Costs (Life of Project): $282,879 Table 6.2.27. Present Value of Operations and Maintenance Costs (Years 1-10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin Complete the cells shown in gray below. EPA Discount Rate: 4.875% ed.on Municipal Cost Index: 2.76% Present Value of O&M Costs for Year: Component Unit Cost Unit Quantity 1 $94 2 $92 3 $90 4 $88 5 $87 6 $85 7 $83 8 $82 9 $80 101 $78 Water $4 1000 gal 24 Power $0.08 kW-hr 100,000 $7,839 $7,681 $7,526 $7,374 $7,225 $7,079 $6,937 $6,797 $6,660 $6,525 Training $1,000 Course 3' $2,939 $2,880 $2,822 $2,765 $2,709 $2,655 $2,601 $2,549 $2,497 $2,4147 Total Present Value of Yearly O&M Expenses (Years 1-10): $10,872 $10,653 $10,438 $10,228 $10,0211 $9,819 $9,621 $9,427 $9,237 $9,051 Table 6.2.28. Present Value of Operations and Maintenance Costs (Years 11-20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin aced on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Present Value of O&M Costs for Year: Component Unit Cost Unit Quantity 11 12 13 14 15 16 17 18 19 20 Water $4 1000 gal 24 $77 $75 $74 $72 $71 $69 $68 $67 $65 $64 Power $0.08 kW-hr 100,000 $6,394 $6,265 $6,138 $6,015 $5,893 $5,775 $5,658 $5,544 $5,432 $5,323 Training $1,000 Course 3 $2,398 $2,349 $2,302 $2,256 $2,210 $2,165 $2,122 $2,079 $2,037 $1,996 Total Present Value of Yearly O&M Expenses (Years 11-20):1 $8,8681 $8,6891 $8,5141 $8,3421 $8,1741 $8,0091 $7,8481 $7,6891 $7,5341 $7,382 Total Present Value of Annual O&M Costs (Life of Project):1 $180,419 6/29/2012 Present _Worth Analysis_Rev_Apr32-LemirGunpowder REV.'ds Intermittent O&M Costs Input Alternative: Alternative 6B - Additional SBR Basin For each component, enter "P" in the gray area in the year in which replacement, if any, will occur. Year O&M Needed!(Insert Y in year where O&M is needed. Co. oneot Unit Cost unit i meutmaintanan =$30000 EA::'. Equipment Inte lion :'.$3000 - EA-- Valveinspection/mbab 'i$2500 EAR-- Quantity 1 2 3 4 5 6 7 s 9 1 Y ,.:Y 1 Y + - Y Y ;--Y 1 Y 10 Y Y 11 12 13 14 Y. Y. Y IS 16 17 is 19 20 Y-: Y - Y:-- Y Y -: -Y Y _. I I 31nter0&M �' age 34 of36 Table 6.2.29. Present Value of Intermittent Operations and Maintenance Costs (Years 1-10) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin aced on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Component Unit Cost Unit Quantity Present Value of O&M Costs for Year: 1 2 3 4 5 6 7 8 9 10 Equipment maintenance $30,000 EA 1 $0 $0 $0 $27,652 $0 $0 $0 $25,488 $0 $0 Integration $3,000 EA 1 $0 $2,880 $0 $2,765 $0 $2,655 $0 $2,549 $0 $2,447 Valve inspection / rehab $2,500 EA 1 $0 $0 $0 $0 $2,258 $0 $0 $0 $0 $2,039 ent Value of Intermittent Operations & Maintenace Costs (Years 1-10):1 $0 $2,880 $0 $30,417 $2,258 $2,655 $0 $28,037 $0 $4,486 Table 6.2.30. Present Value of Intermittent Operations and Maintenance Costs (Years 11-20) Gunpowder Creek WWTP Improvements City of Lenoir Alternative 6B - Additional SBR Basin ed on Municipal Cost Index: 2.76% EPA Discount Rate: 4.875% Present Value of O&M Costs for Year: Component Unit Cost Unit Quantity 11 12 13 14 1 15 16 17 18 19 20 Equipment maintenance $30,000 EA 1 $0 $0 $0 $22,555 $0 $0 $0 $20,790 $0 $0 Integration $3,000 EA 1 $0 $2,349 $0 $2,2561 $0 $2,165 $0 $2,079 $0 $1,996 Valve inspection / rehab $2,500 EA 1 $0 $0 $0 $0 $1,842 $0 $0 $0 mnn .— $0 Qn $1,663 04 LGn it Value of Intermittent Operations tic Maintenace Costs (Years ii-zul: "I az,a,+y au aZ,'+,oii PX,0Y�j —1 w Total Present Value of Intermittent Operations & Maintenance Costs (Life of Project) $128,428 612r' 1.2 Present _Worth _Analysis _Rev_l. ,../12-LenoirGunpowder REV.xls Table 6.2.62. Total Present Worth for Feasible Alternatives Gunpowder Creek WWTP Improvements City of Lenoir Replacement Costs Present Total Present Capital Costs Worth O&M Costs Present Worth Worth Annual Intermittent Total Alternative 5 - Regionalization with Surrounding POTWs $27,879,700 $399,359 $1,713,523 $48,024 $1,761,547 $30,040,607 Alternative 6A - Wet Weather Flow Equalization Basin $4,290,2001 $282,879 $151,021 $112,347 $263,368 $4,836,448 Alternative 6B - Additional SBR Basin 1 $3,850,2001 $282,879 $180,419 $128,428 $308,847 $4,441,926 Present_Worth_Analysis_Rev_Apr12-LenoirGunpowder REV.xls Page 1 of 1 APPENDIX H FLOOD AND WETLANDS MAPS Gunpowder Creek WWTP a Emergeaty Mm>Remeet * Major Cities t Bernrtunaft ;.. j FIRM Grid Rivers and Streams Transects (Coastal) Q County Boundaries ® Coastal BamerResource Systems — Roads _ tOByr Flooding - Finodmy (AE) 0 200 Feet — NC Highway tOOyr Flooding - Has BFE's (AE) I I SUS Highway 1OOW Flooding - No BFE7s (A) r Interstate Highway ® IW Flooding - Velocity Zane Political Areas ® SOOyr Flooding (Shaded x) North Carolina® Fxtratenitorial Jurisdictions Base Flood Devation (Symbol) Flood lain Mapping ® Coastal Sounds — Coss Sections P pp g Program Gunpowder Creek WWTP Jun 19, 2012 Wetlands Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Lleepwater Estuarine and Marine Freshwater Pond Lake ® Riverrle Other This map is for general reference only. The US Fish and Wildlife Service Is not responsible for the accuracy or currentness of the base data shown on this map. Ail wetlands related data should be used In accordance with the layer meladata found on the Wetlands Mapper web site. User Remarks: APPENDIX I STREAM AND WATERSHED INFORMATION A57 FCB: DWQ's Asheville Regional Office will be conducting a routine inspection of the City of Lenoir's wastewater collection system in coordinated efforts with the city to assist in finding leaks and pipe failures. The City has contacted an igineering firm to evaluate the WWTP and the collection system. EEP has been a strong lead in this watershed and will oe conducting additional studies and stream walks to find additional sources such as failing septic systems. DWQ, along with EEP and the City of Lenoir, will also be working with Caldwell County SWCD to find additional solutions for excess FCB within this system. Water Quality Improvements Et Success Stories Upper Lower Creek (030501010701) Unnamed Tributary to Zacks Fork: A Notice of Violation (NOV) was issued by Division of Land Resources (DLR) in March of 2008 to the property owner of a development under construction in Caldwell County NC for sediment and erosion control violations. DLR notified DWQ of the violations and noted the failure to control sediment on the property was causing water quality issues. In April 2008, DWQ performed an inspection of the development to address this situation and found the site was in violation of the permit resulting in another NOV following this inspection. The site was found to have NCG010000 Stormwater Permit condition violations due to sediment impacts to an Unnamed Tributary (UT) to Zacks Fork. The impacts averaged 8 inches of sediment buildup throughout the channel for approximately 400 linear feet. The DWQ NOV required a response from the property owner which was received in May of 2008. The responsible party hired an Environmental Consultant to assist with compliance. The Consultant submitted to DWQ a response indicating how and when all permit condition violations were to be resolved or met. The response included a Sediment Removal Restoration Plan. This plan was approved by DWQ in May of 2008 and restoration work began on the site in June 2008. Sediment was removed from the channel by manual labor with shovels and buckets. The laborers were overseen by the Consultant, who is experienced in stream geomorphology, to make sure the sediment was removed without further ( damage to the stream bed and bank. _�i�e Consultant sent a Final Sediment Removal Restoration Report to DWQ in June 2008. DWQ performed a follow up inspection in June 2008. In July 2008, DWQ sent a letter to the responsible party indicating the violation had been resolved. LAKE RHODHISS - CATAWBA RIVER (0305010108) Restoration Opportunities McGalliard Creek -Lake Rhodhiss (030501010801) McGalliard Creek rAU: 11-44-(3)1: McGalliard Creek is approximately four miles long and drains f j! residential, agricultural and forested land cover into Lake Rhodhiss. The creek was monitored in 2007 and received an improved benthic rating of Good -Fair as compared to the Fair rating in 2003. There is no indication as to why the benthic community has improved. This rating will remove the creek from the Impaired Waters list for its benthic impairment; however, it will remain on the 2008 and 2010 Impaired Waters lists for the fish community impairment from a Poor rating in 2003. DWQ will re -sample the fish community during the next sampling cycle to evaluate if water quality improvements are seen there as well. Gunpowder Creek (030501010803) Gunpowder Creek rAU: 11-55-0.5)1: 'his middle portion of Gunpowder Creek is a little over 13 miles long and flows through ,arts of the Town of Hudson and Granite Falls. The creek eventually flows into Lake Hickory. This creek will be on the Impaired Waters list for the first time in 2008 due to a Fair benthic rating. Between the 2007 sample and the 2002 sample, the benthic community decreased by 39%. This is a significant decline and indicates major impacts to the community between 2002 and 2007. The habitat had not changed much since the 2008 IR Cat. 12010 IR Cat. I 5 1 1 Benthos (CB82) Good -Fair (2007) Fish Com (CF41) Poor, (2003) 1.33 z' cu 0 o ° p" �' c�C 3 Z , A r,,,� , o°4.1 w V �' ° U c R .I b ya c� 3 N O 3 v w 'o ca CA ¢� w O + 3♦4 a®D 1 1 1 LO T- i4 ;q rn r U + � ��;01 i = N CM w + J'y Cl) co - Gte, .� (a J w silver Greek r d&N °`Nw — ME � Q V ..: N 'C s 0 TEE N M [��''� O e ++ l +xa ✓ 3'aa iiS �) U co QS c U04 a0 N Cl).�_ e3o ��� v v N U J aPt°� c ._ O P _o S�ttraa p a a J + r3 ++ C7 V Island Cree co /tn 0 a� a + d + �r S +� o1AG�eek co + + xaaa� I d u ) ch co�Qyt Catawba River Basin Name Index Number Classification Class Date Description Special Designation crowning Creek 11-52-(1) WS-IV 08/03/92 From source to a point 0.6 mile upstream of mouth I Drowning Creek 11-52-(2) WS-IV;CA 08/03/92 From a point 0.6 mile upstream of mouth to Lake Rhodhiss, Catawba River CATAWBA RIVER (Lake Hickory below elevation 935) 11-(53) WS-IV,B;CA 08/03/92 -- - jFrom U.S. Highway 321 Bridge to N.C. Hwy. 127 --- ------------ - Horseford Creek 11-54-(0.5) WS-IV 08/03/92 From source to a point 0.7 mile upstream of mouth 1 Frye Creek 11-54-1 WS-IV 08/03/92 From source to Horseford Creek Cripple Creek 11-54-2 WS-IV 08/03/92 From source to Horseford Creek_-- Horseford Creek 11-54-(3) WS-IV;CA 08/03/92 ........ _..._ __-. -- --- From a point-7 mile upstream of mouth to Lake Hickory, Catawba River . ....... Gunpowder Creek 11-55-(0.5) C 09/01/74 From source to a point 0.5 mile downstream of Caldwell County SR 1127 Angley Creek 11-55-1 C 09/01/74 From source to Gunpowder Creek Brushy Fork 11-55-1-1 C 09/01/74 - -------------------------- - iFrom source to Angley Creek I Gunpowder Creek (Old Mill Pond) 11-55-(1.5) WS-IV 08/03/92 From a point 0.5 mile downstream of Caldwell County SR 1127 to a point 0.8 mile downstream of Billy Branch Little Gunpowder Creek 11-55-2-(1) C 03/01/62 From source to U.S. Hwy. 321-A Little Gunpowder Creek 11-55-2-(2) WS-IV 08/03/92 From U.S. Hwy. 321-A to Gunpowder Cr. Billy Branch 11-55-3 WS-IV 08/03/92 From source to Old Mill Pond, Gunpowder Creek Gunpowder Creek 11-55-(4) WS-IV;CA From a point 0.8 mile downstream of Billy Branch to Lake Hickory, Catawba River Silver Creek 11-56-(1) WS-IV From source to a point 0.7 mile upstream of mouth 08/03/92 08/03/92 I l Tuesday, February 14, 2012 Based on Classifications as of 20120208 Page 32 of 61 APPENDIX J SOILS INFORMATION l �'y LZ.W Y` .o co N M w- At, JZ AS N O � N co m a a� _ U o Z� m =(U ��- U)co ��� CO a ?�U m c 0 z O w o v �i t N X PcL N N Q C co o N 0 R .S c 0 °-° N o co 0 e in Z 0 =y 0 oc 4 e ZQ ZU J?RZ.W 0�, O CP C O LL Z a O U,. a� N L N C` X LO N •N a c 0 a c o. 0 N ai 0 m m a N C � C N N N N m i O c� a C CU1 m N o m O N N co O C a cn E m �p N aL 0 ME o C N E _ N O• Cc m m :G m "a N E 3 N m N v- O C > L� O L 3 a 'c0 N L c o N c d$ 0 ID T .O w a N cc co 4- 0 O E mom> m E Et o C t a O C m F- 0 U E c o m O C � C E w •C m O � N (6 _ C •N — f6 'p w E a N a r.- O c E m � m �M v L 30`0 m (A •L-C m O C U m O C y C N ~ m ` Co O` N .00 f11 N Z i co m U U o COco CD (n Z 0 Z L N N V Eco E C z Z N O N� 0 >. �m O. m C 'AL Otq�QOD a m N 0 ° N 7 p -O N a)E o 3 0 3 E o u— — o a E may m m E� m nN S 0 0 c m o m 2 m cn 3 FF=" m> 3 0 0' L E N c`p J N N O en a Z� E cZ,rn °•�N-- O `m as min �m a9mi m o o TO N O c > oco m Vi 2 N Q .E f0 '8 o L C p. E m cn a; o= m a. 0 m Z Q CO am •E L a N 3 N N O C � N "a O" O. N 7 T U) N jn r 'C a O d m m a E U) U > « in °-' 0 EEmE E FL- CO FL- v o N O o. C 0 n o U co U L N U) O. rn = N O O O. A w cn CCU E N oCO C N O coN LL �• r d N N f0 O toLn w O l0 O > O t O O U to O O U in J y N y q 4E LL R LL O C C cn i j i 1 co CL o " n a 0 O C O l0 O N O E O. aoi uoi 3 N m n n W o m o 0 o is a o. ❑ p- Z _ O o CJ m f0 M to cn > a� to 06 o. o f0 a 3 '0 $ c O > o o m ¢ m Q m LL 3 o T ti > > a m m c°1i aci Y m a g c y N .o C O N o �p N N @ C N N O •m m N C ;O o O. ¢ to 0 m m L) 0 0 J J � � � a m co N cn in U) rn co cn CL c � CL ¢ N � N M N 0 N N co m (L > 'o ZU o U = m U Cl. 90 m c O m Z ZJ Soil Map —Caldwell County, North Carolina Gunpowder Creek WWTP Map Unit Legend Caldwell County, North Carolina (NCO27) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CmB2 Clifford sandy loam, 2 to 8 percent slopes, moderately eroded 4.3 22.2% CmD2 Clifford sandy loam, 8 to 15 percent slopes, moderately eroded 3.9 20.1% DvA Dan River and Comus soils, 0 to 4 percent slopes, occasionally flooded 7.2 37.4% FaE Fairview fine sandy loam, 15 to 25 percent slopes 3.9 20.3% Totals for Area of Interest 19.3 100.0% UNatural Resources Web Soil Survey 6/19/2012 Conservation Service National Cooperative Soil Survey Page 3 of 3 �T1 APPENDIX K THREATENED AND ENDANGERED SPECIES LISTS Species By County Report The following report contains Species that are known to or are believed to occur in this county. Species with range unrefined past the state level are now excluded from this report. If you are looking for the Section 7 range (for Section 7 Consultations), please visit the jPC application. County: Caldwell, NC Group r Name 3tetus Lead Office Recovery Plan Name Recovery Plan Action Status Recovery Plan Stage,' Asheville Ecological ndangered Services ,spruce -Fir Moss S ip der }View Implementation Progress Final I Field Office ! northern flying Asheville squirrel -- Ecological Appalachian Northern I I I:-.:__'- r, APPENDIX L NOISE ORDINANCE u U Section CHAPTER 93: NUISANCES Sound Crossing Outdoor Real Property Boundaries 93.01 Title 93.02 Purpose 93.03 Definitions 93.04 Maximum permissible sound levels and prohibition of noise disturbance 93.05 Proof of source and ambient background level 93.06 Construction 93.07 Exceptions 93.08 Burden of proof regarding exceptions 93.09 Measurement requirements 93.10 Interference with enforcement 93.11 Permits to exceed normal sound limits temporarily 93.12 Changes of land use 93.13 Other remedies 93.14 Enforcement Abandoned and Junked Motor Vehicles 93.20 Short title 93.21 Authority and purpose 93.22 Jurisdiction 93.23 Administration 93.24 Definitions 93.25 Abandoned vehicle unlawful; removal authorized 93.26 Nuisance vehicle unlawful; removal authorized 93.27 Right to enter premises 93.28 Junked motor vehicles regulated; removal authorized 93.29 Enforcement provisions 93.30 No liability 93.31 Exceptions 93.32 Grandfathering 93.33 Changes in state law 32 Caldwell County - General Regulations 93.99 Penalty Statutory reference: Authority to abate nuisances, see G.S. § 153A-140 Authority to prohibit the abandonment of motor vehicles on public ground and private property, see G.S. § 153A-132 SOUND CROSSING OUTDOOR REAL PROPERTY BOUNDARIES § 93.01 TITLE. This subchapter shall be known and cited as the "Caldwell County Ordinance for the Regulation of Sound Crossing Outdoor Real Property Boundaries" or "this subchapter." (Ord. passed 12-7-2009) § 93.02 PURPOSE. (A) It is recognized that loud sounds crossing outdoor private property boundaries can endanger the physical and emotional health and welfare of the people, interfere with legitimate communication in business and recreation, interfere with sleep, increase construction costs, depress property values, offend the senses, create public nuisances, and in many respects reduce the quality of life. (B) It is further recognized that a substantial body of science and technology exists by which this sound may be measured and, in many cases, abated. Because the regulation of excessive sound is well within the purview of the police powers of this governing body, it is declared to be the purpose of this subchapter to prevent, prohibit and provide for the regulation and abatement of such sound that may jeopardize human health or welfare or substantially degrade the quality of life. (C) It is the specific intent of this subchapter to define sufficient objective criteria to establish that a sound crossing a private real property boundary outdoors creates a nuisance, annoyance, interference with the useful enjoyment of property, or endangerment of health. ( (1) It is not the intent of this subchapter to define these criteria as a necessary condition for the proof that a damage exists. (2) Specifically, it is recognized that damages may exist for sounds that do not exceed the objective criteria of this subchapter if those sounds exist inside a building, or if those sounds represent a substantial increase in the sound present on a property. (Ord. passed-12=7=2009) —_ 2010 S-1 Nuisances § 93.03 DEFINITIONS. 33 For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A -WEIGHTED SOUND LEVEL. The sound level in decibels as measured on a sound level meter using the A -weighting network as defined in ANSI S 1.42. In proper terminology, such a sound level should be stated for example as "The A -weighted sound level is 60 dB." In common practice this is abbreviated as "The sound level is 60 dBA," with the "A" added to "dB" to signify that the level is A -weighted. AMBIENT BACKGROUND SOUND. That sound normally present at a location when a sound source under investigation is not in operation. COMMERCIAL LAND USE. Any tract or parcel of land used for commercial, office, institutional or recreational purposes, including retail sales and government facilities, but not including those uses that involve offering a place for sleep, such as hospitals, rest and nursing homes, dormitories, hotels, motels and campgrounds. CONSTRUCTION. On -site erection, fabrication, installation, alteration, demolition or removal of any structure, facility, or addition thereto, including all related activities, including but not restricted to, clearing of land, earthmoving, blasting, landscaping and paving. DECIBEL (dB). A unit that denotes the ratio between 2 quantities that are proportional to power. The number of decibels corresponding to this ratio is 10 times the logarithm (to the base 10) of this ratio. FREQUENCY. Of a periodic phenomenon, such as a sound wave, the number of times in 1 second (i.e., the number of cycles per second) that the phenomenon repeats itself. The unit of frequency is the Hertz (Hz), which corresponds to 1 cycle per second. HERTZ (Hz). The unit of frequency, formerly "cycles per second." See FREQUENCY. INDUSTRIAL LAND USE. Any tract or parcel of land used for industrial, manufacturing or agricultural production, but not including the non -productive land immediately surrounding a farm residence. LAWN CARE EQUIPMENT. Any tools or equipment actually being used to prepare and maintain lawns or noncommercial gardens, such as lawnmowers, tillers, chainsaws, mulchers, woodsplitters, weedeaters, and the like. LEVEL. The logarithm of the ratio of a given quantity to a reference quantity of the same kind. The kind of level is usually indicated by a compound term such as "sound pressure level." 2010 S-1 34 Caldwell County - General Regulations LOUDSPEAKER. A device actuated by an electrical signal that produces sounds controlled by the electrical signal, with such sounds produced usually being a reproduction of speech or music or Oother sound encoded in the electrical signal. MOTORSPORTS COMPETITION FACILITY. Any facility or course upon which is conducted races or competitions among motor vehicles. MUSIC. A progressive combination of sounds, usually rhythmic, that, in the opinion of the person producing or causing the sounds to be produced, and possibly others, is a pleasing artistic expression. MUSICAL INSTRUMENT. Any device used in producing music. PERSON. Any individual, association, partnership, corporation, firm, association, trust, estate, public or private institution, group or agency, including any officer, employee, department, agency or instrumentality of the State of North Carolina, or any political subdivision of the state, or any legal successor, representative, agent or agency of the foregoing. PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity. REAL PROPERTY BOUNDARY. An imaginary line along the ground surface, and its vertical extension, that separates the real property owned by 1 person from that owned by another person, but not including intra-building real property divisions. Public rights -of -way that divide the property of one owner shall not be considered a real property boundary. RESIDENTIAL LAND USE. Any tract or parcel of land used or zoned for residential or sleeping - ---purposes,--including-private homes, -apartments, -hospitals; nursing -homes, -rest homes; hotels, -motels-; - dormitories and campgrounds. SOUND. An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of SOUND may include any characteristic of such SOUND, including duration, amplitude and frequency. SOUND LEVEL METER. An instrument for measuring sound levels, including a microphone, a means of displaying the sound level, a "slow" averaging rate, and the A -weighting network as specified in standards ANSI S 1.4 and IEC 651. A SOUND LEVEL METER may or may not include a selectable "fast" averaging rate as defined in the aforementioned standards, and may or may not include or have attached any of the following: the necessary filters in conformance with ANSI S 1.11 to measure octave -band or one -third -octave -band sound levels, the capability to measure the average sound level over a period at time, or the capability to determine automatically the level exceeded any given percentage of any given time period that would be called an automated meter. 2010 S-1 Nuisances 35 SOUND PRESSURE LEVEL. In decibels, 20 times the logarithm (to the base 10) of the ratio of a sound pressure to the reference sound pressure of 20 microPascals. SPEECH. A meaningful combination of sounds produced by the human voice or a reproduction of such sounds by a loudspeaker. (Ord. passed 12-7-2009) § 93.04 MAXIMUM PERMISSIBLE SOUND LEVELS AND PROHIBITION OF NOISE DISTURBANCE. (A) Prohibition. No person shall cause or allow the emission of sound beyond the boundaries of his or her property or onto the property of another such that the sound level indicated in Table A, and the Notes that are a part of Table A, would be exceeded when measured in accordance with § 93.09 for the land use on which the measurement is made and the indicated time of day, consistent with the requirements of § 93.05: (1) By more than 20 dB at any time, for any period of time; or (2) For more than 90 seconds continuously; or (3) For 10% or more of a 15-minute period measured with an automated meter that determines the level exceeded 10% of the time. (B) Sound levels in decibels by land use. TABLE A. SOUND LEVELS IN DECIBELS BY LAND USE Land Use of Measurement Site Residential Residential Commercial Industrial Time of Day 11:30 p.m. - 7:00 a.m. 7:00 a.m. - 11:30 p.m. Anytime Anytime A -Weighted Sound Level, dB 55 60 65 75 Note 1. For any sound identified by the measuring officer as speech or music, the limits of Table A are all reduced by 5 dB, except when the measurement is made on an industrial land use. Note 2. For any sound identified by the measuring officer as the sound of competition vehicles originating from motorsports competition facility during the duly authorized hours of operation for that facility, the limits of Table A are all increased by 10 dB. (Ord. passed 12-7-2009) Penalty, see § 93.99 2010 S-1 36 Caldwell County - General Regulations § 93.05 PROOF OF SOURCE AND AMBIENT BACKGROUND LEVEL. A source of sound shall not be held in violation of § 93.04 if, after the source is stopped, the sound level measured in the same manner as the measurement that produced the apparent violation is reduced by less than 3 decibels. For purposes of this subchapter, all individual sources on a single parcel of real property shall be considered a single source. (Ord. passed 12-7-2009) § 93.06 CONSTRUCTION. (A) When the source of sound is a construction operation, the sound level limits shall be 10 dB --------higher than -indicated-in-T-able-A;-including the -Notes, -except in -residential -land -uses -between -the hours - of 10:00 p.m. and 7:00 a.m. the following morning. (B) Permits shall be available to exceed these limits for a limited period for a specific operation according to the procedures of § 93.11. (Ord. passed 12-7-2009) § 93.07 EXCEPTIONS. The provisions of § 93.04 shall not apply to: (A) The sound of vehicles traveling on public rights -of -way, unless such vehicle is stopped and is producing sound by use of a bell, loudspeaker, or other such device for the general purpose of attracting attention (for other than an emergency warning) or for the entertainment of the occupant(s) or owner of the vehicle; (B) The sound of emergency warning devices such as sirens and horns legally used; (C) The sound of aircraft while in the air or on the ground; (D) Sounds associated with railroad operations; (E) Lawn care equipment used between 7:00 a.m. and 10:00 p.m., provided that gasoline -fueled engines are equipped with a properly functioning muffler; (F) Agricultural tractors and self-propelled harvesting equipment used between 7:00 a.m. and 10:00 p.m., provided that they are equipped with properly functioning mufflers; 2010 S-1 Nuisances 36A (G) Non -amplified crowd noises resulting from activities such as those planned by student, governmental or community groups; (H) Music produced by school bands while practicing or performing on school property; (I) Emergency work to provide electricity, water or other public utilities when public health or safety are involved; and (J) The chimes or bells of schools or religious institutions in the daytime hours between 7:00 a.m. and 10:00 p.m., provided they operate for not more than 10 minutes in any hour. (Ord. passed 12-7-2009) § 93.08 BURDEN OF PROOF REGARDING EXCEPTIONS. The person who would benefit from the application of any exception set out in this subchapter shall have the burden of proving that the exception applies and that the terms of the exception have been met. (Ord. passed 12-7-2009) § 93.09 MEASUREMENT REQUIREMENTS. (A) Instrumentation used for enforcement of this subchapter shall be designated by its (� manufacturer as meeting the precision requirements of IEC 651 and ANSI S 1.4 for Type 1 or Type 2 sound level meters as defined in those standards. (1) All measurements shall be made using "slow" meter response. (2) A windscreen approved by the manufacturer of the instrument shall be used on the microphone when making measurements. (3) The instrument calibration shall be checked (and adjusted if necessary) using an external calibration device within at least 1 hour before the measurement, and checked again within 1 hour after the measurement. (B) All measurements shall be made at a height of at least 4 feet and not more than 6 feet from the ground, and at least 10 feet from any building, tree trunks, vehicles or other obstruction other than the person making the measurement. (C) Measurements may be made with the permission of the property owner on any property other than the property containing the suspected excessive sound source, and other than a public right-of- way. APPENDIX M FINANCIAL ANALYSIS DOCUMENTATION Table 8.2. Funding Distribution Gunpowder Creek WWTP Improvements City of Lenoir Funding 4: Funding 5: I Closing Fee': $7-7,0001If Other, list: ! j Total Funded Amount (minus applicable closing fee): $3,850,000 Total Project Cost (with closing fee): $3,927,000 'For STAG grants, EPA charges a 3% administrative fee. Enter the net STAG grant (total grant - 3% administrative fee). bIf principal forgiveness is used, place the principal forgiveness portion of the loan in Funding 1. 'For CWSRF the closing fee is 2.00% of the CWSRF loan amount and cannot be paid from CWSRF funding. If principal forgivneness is included, the closing fee must be for the total amount of the CWSRF loan (principal forgiveness and loan at the current interest rate). For SRUSEL loans, the closing cost is 2.5% of the loan. For SRG, it is 1.5% of the grant. Table 8.3. Year 1 Interest and Repayment Gunpowder Creek WWTP Improvements City of Lenoir Funding Source Total Funding Amount Year 1 Principal Payment Year 1 Interest Payment Year 1 Total Payment Main CG&L Funding @ Current Interest Rate: CWSRF $3,850,000 $192,500 $77,385 $269,885 Main CG&L Funding @ Worst -Case: CWSRF $3,850,000 $192,500 $154,000 $346,500 Funding 1: Funding 2: Funding 3: Funding 4: Funding 5: Total Payment @ Current Interest Rate: Total Payment @ Worst -Case Interest Rate: $269,885 $346,500 aWorst case is an interest rate of 4%. Applies to CWSRF, SRL, and SEL only. Table 8.4. Cost to Treat 5,000 Gallons of Wastewater Due to Proposed Project Gunpowder Creek WWTP Improvements City of Lenoir Enter data in the gray areas. Applicable, use the appropriate ulldown menu. Water Rate Structure: Uniform Monthly Residential Water Bill for 5,000 gallons (if other rate structure used): j Current Base Charge for Water Bill: $9.41 Monthly Residential Water Bill for 5,000 gallons (if Uniform Rate Structure Used): $21.33 Number of 1,000 gallons included in base charge for Water Bill: I Monthly Residential Sewer Bill for 5,000 gallons: i $20 45 Volumetric Charge per 1,000 gallons for Water Bill: $2.98 Total Residential Water & Sewer Bill for 5,000 Gallons: $41.78 Total ADF at Project Im lementation ( d): 15130,000 Year 1 O&M E enses Due to Project: $24,000 Funding Source Year 1 Annual Repayment Year 1 Annual O&M Costs Total Year 1 Annual Costs Year 1 Monthly Costs Monthly Cost/ 5,000 Gallons Due to''. Project, CG&L Main Funding Source: CWSRF $269,885 $24,000 $293,885 $245490 $3.61 CG&L Main Funding Source Worst Case: CWSRF $346,500 $24,000 $370,500 $30,875 $4.55 Funding Source 1: Funding Source 2: Funding Source 3: Funding Source 4: Funding Source 5: Total Cost Increase to Treat 5,000 Gallons Due to Project @ Current Interest Total Cost Increase to Treat 5,000 Gallons Due to Project @ Worst -Case Interest C Table 8.5. User Fee Increase Due to Project Gunpowder Creek WWTP Improvements City of Lenoir New Residential New Residential User Fee Increase Sewer Bill ($15,000 Water & Sewer Bill Funding Source ($15,000 gallons) gallons) Percentage Increase ($15,000 gallons) Percentage increase CG&L Main Funding Source @ Current Interest Rate: CWSRF $3.61 $24.06 17.66% $45.39 8.65% CG&L Main Funding Source @ Worst - Case Interest Rate: CWSRF $4.55 $25.00 22.27% $46.33 10.90% Funding Source 1: 0 Funding Source 2: Funding Source 3: Funding Source 4 Funding Source 5: Total Increase Due to Proposed Project @ Current Interest Rate: $3.61 $24.06 17.66% $45.39 8.65% Total Increase Due to Proposed Project @ Worst -Case Interest Rate: $4.55 $25.001 22.27% $46.33 10.90% 'Note that the Percentage Increase assumes a uniform rate structure. If using another type of rate structure, this information may not necessarily be correct. If this is the case, then it is recommended that the percentage increase based on that particular type of rate structure be calculated. Table 8.6. Revenue Generation Gunpowder Creek WWTP Improvements City of Lenoir Enter information into the gray areas. User Fee Increase @ Current Interest Rate Due to CG&L Main Funding:($/5,000 gal): $3.61 User Fee Increase @ Worst -Case Rate Due to CG&L Main Funding ($/5,000 gal): $4.55 User Fee Increase @ Current Interest Rate Due to Project ($/5,000 gal): $3.61 User Fee Increase @ Worst -Case Rate Due to Project ($/5,000 gal): $4.55 Connection Type Average Water Usage Per Month (gal) Total Number of Connections Monthly Revenue Generated @ Current Interest Rate Revenue Generated @ Worst -Case Rate Residential 4,000 6,885 $19,896 $25,083 Commercial 4,000 695 $2,008 $2,532 Industrial 10,000 15 $108 $137 Total Revenue Generated per Month: Total Monthly Cost of CG&L Main Loan & O&M: Total Monthly Cost of Project: Is revenue generated sufficient to pay CG&L main loan? Is revenue generated sufficient to pay all loans? $22,012 $27,751 $24,490 $30,875 $24,490 $30,875 No No No No If revenue is not sufficient to pay either the CG&L main loan or all loans related to the proposed project, please explain how the proposed project will be financed (e.g., partially financed from other funds within the LGU's budget). The City has,,a substantial amount of debt being paid off in the next 2 to 3 years. The water and sewer fund will have excess funds to pay the loan and O&M. c APPENDIX N PUBLIC PARTICIPATION DOCUMENTATION RESOLUTION BY THE CITY OF LENOIR CITY COUNCIL -� MEMBERS WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of the Gunpowder Creek Wastewater Treatment Plant Improvements, and WHEREAS, The City of Lenoir has need for and intends to proceed with a wastewater treatment plant project generally described as the construction of a new process basin and improvements to various components including, diffusers, instrumentation and controls, electrical, piping, valves, grading, paving and related appurtenances, and WHEREAS, The City of Lenoir intends to request state (loan or grant) assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL MEMBERS OF THE CITY OF LENOIR: That City of Lenoir, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State (loan or grant) award. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. That the governing body of the Applicant agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the City of Lenoir to make scheduled repayment of the loan, to withhold from the City of Lenoir any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. That W. Lane Bailey, City Manage , the Authorized Official, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a (loan or grant) to aid in the construction of the project described above. That the Authorized Official, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto. Adopted this the ?'V of February, 2012, at Lenoir, North Carolina. (Signature of Chief Exe elOfficer) (Title) CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting clerk of the City of Lenoir does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the City Council duly held on the oW4Aday of February, 2012; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this �1Q YeA day of February, 2012. (Signature of Re rding Officer) e , , ellfe4g (Title of Re ording Officer) C), i/ ,Q�►, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 24, 2015 Mont L. Wall City of Lenoir PO Box 958 Lenoir, NC 28645-0958 Subject: Payment Acknowledgement Lower Creek WWTP Permit Number: NCO023981 Case Number: W-2015-0022 Caldwell County Dear Peimittee: Donald R. van der Vaart Secretary This letter is to acknowledge receipt of payment in the amount of $438.26 received from you dated August 24, 2015. This payment satisfies in full the above civil assessment (s) 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 Statues, Regulations, or Permits. If you have any questions, please contact Wren Thedford at 919-807-6304. Sincerely, Wre4'Tkzd for& Wren Thedford Wastewater. Branch cc: Central Files NPDES Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-630M Fax: 919-807-64921Customer Service:1-877-623.6748 Internet:: www.ncwater.or4 ESE (;[ IVE1) Division of Water Resources AUG 2 7 2015 Water Otrnlity Regional Operations n An Equal OpporlunityMrmativeAction Employer Pat McCrory Governor Certified Mail # 7014 0510 0000 4466 2183 Return Receipt Requested July 21, 2015 Monte L Wall, Plant Superintendent Treatment Wastewater City of Lenoir PO Box 958 Lenoir, NC 28645-0958 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 Permit No. NCO023981 City of Lenoir Lower Creek WWTP Case No. MV-2015-0022 Caldwell County Dear Permittee: Donald R. van der Vaart Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $438.26 ($279.00 civil penalty + $159.26 enforcement costs) against City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Lenoir for the month of April 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0023981. The violations, which occurred in April 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms,conditions or requirements of NPDES Permit No. NCO023981 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any .person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against City of Lenoir: 2090 U.S. 70 Highway, Swannanoa, NC: 28778 Phone: 828-296-4500 \ Internet: www.nedenr.gov <http://rvww.ncdenr.gov> An Equal Opponunity \ A$irniative Action Employer - Made in pint by recycled paper It $6 M for 1 of the 1 failures to properly monitor CADMIUM in violation of NPDES Permit No. NC0023981. 80.00 for 1 of the 1 failures to properly monitor CYANIDE in violation of NPDES Permit —No. NC0023981. $63.00 for 1 of the 1 failures . to properly monitor NICKEL in violation of NPDES Permit No. NCO023981. 68.00 for 1 of the 1 failures to properly monitor SELENIUM in violation of NPDES Permit No. NC0023981. 279.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs $438.26 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. 143B-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 quality 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 Environment and Natural 'Resources (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 NPDES 'Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2 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. Requestingremission 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 14313-282.1(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 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 Right to an Administrative Hearing and Stipulation of Facts" form within thir1y_(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Reauest." Both forms should be submitted to the following. address: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office_ of Administrative Hearings: -_Ifyouu 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 §150B-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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 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. rd If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water ResourcesNCDENR ATTACHMENTS Cc: WQS Asheville Regional Office -Enforcement File NPDES Compliance/Enforcement.Unit Enforcement File Central Files, Water Quality Section (w/attachments) (w/attachments) (w/attachments) F� JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2015-0022 County: Caldwell Assessed Party: City of Lenoir Permit No.: NCO023981 Amount Assessed: $438.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver 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 factors listed below as they may relate: to the reasonableness of the amount of the civil penalty assessed. Requesting remission is riot 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. Pursuant to N.C.G.S. § 143B-282.1(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 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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors 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 future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable 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., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS City of Lenoir ) Lower Creek WWTP 1 PERMIT NO. NCO023981 ) CASE NO. MV-2015-0022 Having been assessed civil penalties totaling $438.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 21, 2015, 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 a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTA dHME1NT A City of Lenoir CASE NUMBER: MV-2016-0022 PERMIT: NCO023981 FACILITY: Lower Creek WWTP COUNTY• ' Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $68.00 4-2015 001 Effluent CADMIUM 4/30/15 Monthly ug/I Frequency Violation $80.00 4-2015 001 Effluent CYANIDE 4/30/15 Monthly mg/I Frequency Violation $63.00 4-2015 001 Effluent NICKEL 4/30/15 Monthly ug/l Frequency Violation $68.00 4-2015 001 Effluent SELENIUM 4/30115 Monthly ug/I Frequency Violation DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Lower Creek / NC0023981 (April 2015 DMR) County: Caldwell Case Number: MV-2015-0022 8 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-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; Potential violations may not be revealed with "Failure to Monitor." 2) The duration and gravity of the violation; Total Cadmium, Total Cyanide, Total Nickel and Total Selenium were not monitored Monthly per the requirements of the NPDES permit. 3) The effect on ground or surface water quantity or quality or on air quality, Potential violations may not be revealed with "Failure to Monitor." 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of the collection of the samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 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 no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. 61 . 22- 16 q-'" - Date G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section 07/21/2015 Asheville Regional Office, NCDENR •', EFFLUENT *NPDES PERMIT NUMBER: NCO023981 DISCHARGE NUMBER: 001 MONTH: April YEAR: 2016 FACILITY NAME: LOWER CREEK WWTP CLASS: IV COUNTY: CALDWELL CERTIFIED LABORATORY (1): LOWER CREEK WWTP LAB CERTIFICATION NUMBER: 71 (list additional laboratories on the backside / page 2 of this form) J OPERATOR IN RESPONSIBLE CHARGE (ORC): MR. MONTE L. MCC `'-'GR DE IV CERTIFICATIOf (UMBER: 4488 PERSON(S) COLLECTING SAMPLES: LABORATORY STAFF JUN . 0 5 204tCPHONE: (- -2198 CHECK BLOCK HERE IF ORC HAS CHANGED: [ ] NO FL D CHARGE FROM SITE [ ] `i,.�-����]�� �uNb j, MAIL ORIGINAL AND ONE COPY TO: �' I Kf';.,i '� . ATTENTION: CENTRAL OFFICE X i 912015 N.C. DIVISION OF WATER RESOURCES Signature of Operator in Respoffsible Charge) DATE 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530, i ; 3161�3 ; I , 00300 00625 00600 . 00665 w w .. CO w ~ w MY O�w co OZ U N U�. uj O �JO >U �H O v } a QZ oo!- p ¢ W 0O �W Jwo',QZ' JOw. -fix W H000 w �O JO Fax woo o.�� w� az 0 J� U. w 0 w=. m ��'` ¢a O�w ¢ `ci0u0ix'ug O yX._ OJ H' " ¢ Oco �_ 0 DATE 0<9 00 t ow r x e. tYU ¢z F-cno! oomoo. O~ HOURS HOURS Y/N MGD *C " smu Ng/I mg/I mg/I ' mg/I IMMOm"] - mg/l, mg/l ' mg/I mg/I 1 0610 24 Y 2.5141 14.6 6.8 <20 3.7 .0.98 3.8 _ I8.9 2 2.357 1,16.1 .6.6 1 .22., 3.9 0.51 4.1 7q 9.0 , r3 _ .;061U 24 H.:a 2.244 - 24 .. N 2.173 5 0610 24 "' N 2107 z , 6 0610 24 Y: 2.090 17.3 , 6.6 31 3.51 < 0.25 4.0 4 8.7 7 r 0610 24 Y 2.358 17.0 6.8. , <20 ; : 4.81 < 0.25 < 3.6 1 s 8.8 8 0610 24­Y 2.540 17.5 , 6.8 "` <20 2.21 < 0.25 4,2 3Mi 8.9 9 0610 24 Y 1 2.236 18.0 ` 6.8 ` <20 3.0 1.6 < 0.25 3.5 8.7 10 0610 ,24 Y --2.258 18.6' 6.8 <20 2.21,8 0.56 3.5 4`'] 8.5 2.03 8.86 1.21 11 0610 24 N . , 2:167 . 12 0610 24 N'r 2.093 13 0610 24 Y 2.183 18.8 ` 6.8 <20 2.9 < 0.25 .3.4 4 8.6 1.47 7.83 1.26 14 0610 24 Y 2.621 17.3 6.7 21 3.2 < 0.25 3.3 5' 8.6 15 0610 24 Y 2.435 " 18.1 6.8 1 27 3.6 : < 0.25 5.7 4 8.7 16 0610 24 = . . _.Y 4.370 16.5 6.7 29 r3:6 < r 0.25 j< 5.0 8 . 9.1 17 0610 24 Y 3.291 17.1 6.8 <20 3.5' < 0.25 < 2.5 4 9.8 18 0610. 24„ N 2.830 ;:. �} 19 0610 24 N 2.456 Tzj 20 0610 24 Y 7.004 17.4 6.6 26 28 < 0.25 200 21A 8.0 21 0610. ,_ _ 24 Y 4.532 16 4 " 618 21 .4.7 <,. 0.25 < ` '5.0 8.8 0.62 ' -5.07 1.39 22 0610 24 Y . 3.672 17.8 ` 6.6 35 5.9 < 0.25 6.6 :M ' 8.6 23 0610 24` Y 3.244 16.7 6.7 21 4.5 . < 0.25 7.7 131 8:9 24 0610 24 Y ;_ 2.848 17.2 6.8 21 5.1 < 0.25 , 4.0 25 0610 ' ': 24.. N 2.780 Al 26 0610 24 N 2.605 27 0610 24 Y 2.520 17.7 7.0 <20 4.1 0.34 3.5 1'9; 8.9 28 0610 24' Y 2.632 .22.3 6.7 33 10 < 0.25 4.8 11 ,, 8.9 . 3.26 11.04 . , 2.75 29 0610 24 Y 2.540 17.0 6.7 47 4.1 0.44 7.2 2j 8.9 30 0610 24 Y 2.550' '17.5 6.8 <20 4.0 0.31 <° 6:0 '2 8:9 t. I� J. MONTHLY MAXIMUM 7.004 22.3 7.0. 47 28 r 0.98.: 200 211- 9.8 3.26 11.04 2.75 Comp (C)/Grab(G) CONT. G G G C' C C SMEWEEKLY F PERMIT LIMIT 33 , 6.00 .. _. 45 400 @ Averages for parameters with values below detection limit of test (BDL) computed. using BDL=O;; for Fecal Coliform, G.M. computed using BDL=1. **** Any entered flags indicate that not ail BOD QC criteria were met: This does not necessarily mean that the data are invalid. Codes: 1) DW Blank depletion greater than 0.2 mg/I. 2) Seed control depletion less than 2 mg/I or final D.O. less than_1.m0/1- 3)All-sampLe..._...__.__....._ ._.. depletions are less than 2 mg/i. 4) All final D.O. readings less than 1 mg/l. 5) Evidence of toxicity in samples (BO decreases W[t}j;4Q694WR6). 6) Glucose / glutamic acid standard outside of 167.5 to 228.5 mg/I range. Division of Water Resources # Testing for these parameters were performed by Blue Ridge Labs, P.O. Box 2940, Lenoir, NC 28645 OV- �N�2G J U N 2 3 2015 Q7�-� � 20/5,. 0 �.�v �N ��� -mv- 6o F9 �jr2//�� 14 i Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially. " threatens public healthor the .environment. Any information shall be. provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the -circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as, required by Part HX6 of the NPDES permit. "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 managed 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 c ' fines and inkprisonment or knowing violations!, Permittee lease pri ,t .or e) a.9-1 Signa a of Permittee**.* Date (Required unless submitted electronically) -City of Lenoir, P.O. Box 958,'Lenoir NC 28645 (828)757-2198 mlwaliCa dlenoknc:'us 2/28/2015 -Permittee Address Phone Number, e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Blue Ridge Labs (metals, CN) Certification No. 275 Certified Laboratory (3) Pace'Analytical (As, Pb, Se) Certification No. 67 Certified,'Laboratory (4) ETT:Environmental(Chronic Bioassays) Certification No. SC00505;(EPA labcode) Certified Laboratory (S) Environment 1, In:: (Hg lti3.1) Certification No. 243 PARAMETER CODES . Parameter Code assistance maybe obtained by calling the NPDES Unit at (919) 733-5083 or, by visiting the Surface Water Protection Section's'web;,site at h2o.ennstate.nc.us/was and linking to the unit's information pages: Use only units of measurement designated in the reporting facility's NPDES pennitfor reporting data - - * No Flow/Discharge From Site: Check this box if no discharge occurs and, as,a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period: ** ORC On. Site?:. ORC mustuvisit facility and document visitation.of facility as_ required per l SA NCAC 8G i0204. : *** "Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file witli the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NUMBER: NCO023981 DISCHARGE NUMBER: 001 MONTH: April YEAR: 2016 FA I CILITY NAME: LOIJEEK WWTP COUNTY: 1/1•• �110 t' 1 1 1 11 / / � 1 1 � 1 1 •11 1 1• 1 /. ) 1 1 rl - � 1 1• 3� ''a �`,�- q7_ • I h* "tspa.r�FY'`i}� .Y. ./�_��■������ YEfG .:�A V�i Q u �� `'.-=e _ 4 { Fn- �.+. '�F41`w:#6jv"F S.- +.- , r r ;'r Averages • parameters - below detection limit of - :.L) computed using :. 1 Due to collection erEor fhp-qA paraw-• during the month.extra sampling will be done in June 2015. Permit Enforcement History Details by Owner �712012015 1 Owner: City of Lenoir Facility: Lower Creek WWTP Permit: NCO023981 Region : Asheville Case MR Number Penalty Assessment Approved PP County : Caldwell Penalty Enforcement Amount Costs Remission Enf Enf EMC EMC OAH Request Conf Remission Hearing Remission Remission Damages Received Held Amount Held Amount Amount Collection MemoSent Total To AGO Paid Balance Due Has Part Plan Case Closed WQ-1986-0037 12/10/86 $19,800.00 $304.14 $0.00 1/15/87 2/5/87 $13200 4/9/87 $6.000.00 $904.14 $0.00 No 5/20/87 LV-1999-0253 7/16/99 $2,000.00 $79.46 $2,079.46 $0.00 No 8/26/99 LV-1999-0308 8/20/99 $2,000.00 $79.46 $2,079.46 $0.00 No 1214/00 LV-1999-0367 9/24/99 $2,000.00 $79.46 $2,079.46 $0.00 No 2129/00 LV-2001-0226 6/19/01 $1,500.00 $79.46 $1,579.46 $0.00 No 7/12/01 LV-2001-0386 9/24/01 $500.00 $79.46 $579.46 $0.00 No 10/29/01 LV-2002-0035 2/18/02 $500.00 $79.36 $579.36 $0.00 No 3/6/02 LV-2002-0156 5/17/02 $500.00 $79.46 $579.46 $0.00 No 6/19/02 LV-2002-0256 7/5/02 $250.00 $79.48 $329.48 $0.00 No 7/26/02 LV-2002-0562 11/15/02 $250.00 $79.48 $329.48 $0.00 No 12/11/02 LV-2002-0693 12/18/02 $550.00 $79.46 $629.46 $0.00 No 1/10/03 LV-2003-0024 1/14/03 $250.00 $100.00 $350.00 $0.00 No 1/31/03 LV-2003-0106 2110/03 $300.00 $100.00 $400.00 $0.00 No 3/7/03 LV-2003-0355 2-2003 4/29/03 $5,625.00 $100.00 $5,725.00 $0.00 No 5/23/03 LM-2003-0312 5-2003 5/3/03 $450.00 $100.00 $550.00 $0.00 No 8122/03 LV-2003-0301 11-2002 7/23/03 $250.00 $100.00 $0.00 $350.00 No 7/11106 7/20/2015 LV-2003-0700 8-2003 11/3/03 $4,062.50 $100.00 $4,162.50 L $0.00 No 11/25/03 LV-2004-0005 9-2003 1/5/04 $625.00 $100.00 $725.00 $0.00 No 1/23/04 LV-2004-0081 11-2003 6/21/04 $312.50 $100.00 $412.50 $0.00 No 7/20/04 LV-2004-0280 4-2004 7112104 $500.00 $100.00 $600.00 $0.00 No 8/3/04 LV-2004-0551 8-2004 11/5/04 $250.00 $100.00 $350.00 $0.00 No 1/5/05 LV-2005-0084 12-2004 3/4/05 $500.00 $100.00 $600.00 $0.00 No 4/18/05 LV-2005-0185 3-2005 3/31/05 $1,500.00 $100.00 $1.600.00 $0.00 No 6/27/05 LV-2006-0458 8-2006 1/8/07 -$500.00 $165.75 $665.75 $0,00 No 2/7/07 LV-2008-0439 6-2008 12/1/08 $2,000.00 $25.00 $2,025.00 $0.00 No 12/23/08 LV-2009-0281 5-2009 8/6/09 $1,000.00 $64.00 $1,064.00 No LV-2009-0178 3-2009 4/20/10 $500.00 $64.00 $564.00 $0.00 No 5111/10 LV-2011-0264 3-2011 10/26/11 $2,000.00 $142.00 $2,142.00 $0.00 No 11/17/11 LV-2012-0188 4-2012 11/1/12 $500.00 $137.00 $637.00 $0.00 No 12/12/12 LV-2012-0194 5-2012 11/5/12 $500.00 $137.00 $637.00 $0.00 No 12/12/12 Total Cases: 30 i otal renalry Amount: &I i otal tnTorcement Lost: VI I uttU raN. w•+�,���•�� l vial oa�a� iw vuc . . , Sum of of Total Case Penalties: $54.508.43 Total Penalties After Remissions: $35,308.43 •t a North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified Mail # 7014 0510 0000 4466 2183 Return Receipt Requested July 21, 2015 Monte L Wall, Plant Superintendent Treatment Wastewater City of Lenoir PO Box 958 Lenoir, NC 28645-0958 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES Permit No. NCO023981 City of Lenoir Lower Creek WWTP Case No. MV-2015-0022 Caldwell County Dear Permittee: Donald R. van der Vaart Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $438.26 ($279.00 civil penalty + $159.26 enforcement costs) against City of Lenoir. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by City of Lenoir for the month of April 2015. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0023981. The violations, which occurred in April 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Lenoir violated the terms, conditions or requirements of NPDES Permit No. NCO023981 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). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor; Asheville Regional Office hereby make the following civil penalty assessment against City of Lenoir: 2090 U.S. 70 Highway, Swannanoa, NC 28778 Phone: 828-296-4500 \ Internet: mvwnedenr.gov <http:/hvww.nedenr.gov An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled Paper r $68.00 for 1 of the NC0023981. 1 failures to properly monitor CADMIUM in violation of NPDES Permit No. $80.00 for 1 of the 1 failures to properly -monitor CYANIDE in violation of NPDES Permit No. NC0023981. 63.00 for 1 of the 1 failures to properly monitor NICKEL in violation of NPDES Permit No. NC0023981. 68.00 for 1 of the 1 failures to properly monitor SELENIUM in violation of NPDES Permit No. NC0023981. 279.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs 438.26 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. 143B-282. I (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 quality 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 Environment and Natural Resources (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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2 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 14313-282.1(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 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 Right to an: Administrative Hearing, and Stipulation of Facts" form within thirty (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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina,27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: __— L-you wish —to —contest — ny statement_in_the—attached—asaessment—doc-umemt—y_ou must Be 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 § 150B-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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919)733-3478 One (1) copy of the petition must also be served on DENR as follows: Mr. Sam M. Hayes, General Counsel Department of Environment and Natural Resources 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. 4 If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2015-0022 County: Caldwell Assessed Party: City of Lenoir Permit No.: NC0023981 Amount Assessed: $438.26 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver 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 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. Pursuant to N.C.G.S. § 143B-282.1(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 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-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors 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 future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable 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., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS City of Lenoir ) Lower Creek WWTP 1 PERMIT NO. NCO023981 ) CASE NO. MV-2015-0022 Having been assessed civil penalties totaling $438.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 21, 2015, 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 a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20_ SIGNATURE ADDRESS TELEPHONE ATTACHMENT A City of Lenoir CASE NUMBER: MV-2015-0022 PERMIT: NCO023981 FACILITY: Lower Creek WWTP COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $68.00 4-2015 001 Effluent CADMIUM 4/30/15 Monthly ug/I Frequency Violation $80.00 4-2015 001 Effluent CYANIDE 4130/15 Monthly mg/I Frequency Violation $63.00 4-2015 001 Effluent NICKEL 4/30/15 Monthly ug/I frequency Violation $68.00 4-2015 001 Effluent SELENIUM 4/30/15 Monthly ug/I Frequency Violation EFFLUENT *NPDES PERMIT NUMBER: NCO023981 DISCHARGE NUMBER: 001 MONTH: April YEAR: 2016 FACILITY NAME: LOWER CREEK WWTP CLASS: IV COUNTY: CALDWELL CERTIFIED LABORATORY (1): LOWER CREEK WWTP LAB CERTIFICATION NUMBER: 71 (list additional laboratories on the backside / page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC): MWMONTE L. WALh '` 'GR/ DE 11f CERTIFICATIQIIUMBER: 4488 PERSON(S) COLLECTING SAMPLES: LABORATORY STAFF JUN . 20C PHONE:, (A�-2198 CHECK BLOCK HERE IF ORC HAS CHANGED: [ ] NO FL CHARGE FROM SITE * [ ] MAIL ORIGINAL AND ONE COPY TO: .-,- ATTENTION: CENTRAL OFFICE X 9/201.5 m N.C. DIVISION OF WATER RESOURCES (Signature of Operator in Response le Charge) J u 11 1 u L U I JDATE 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. '' 50050 00010 00400 50060 00310 00610 00530 �3163 00300 00625. 00600 : 00665 w w w 0 M U ¢W rY w O ow 0 ��o z w a ¢� c7¢ _ �LL ¢80ho W�QQ _ 0. DO mOO 0w U)iW p: DATE 0¢c`t.� 00 ow H a OfU x adz OI-.� Ff } 0� 0O [z z a HOURS HOURS Y/N MGD -C s:u. ug/1-> mg/I mg/I mg/I f#l1dbm"It4 mg/I mg/I mg/I mg/I 1 0610 24:: Y, . 2.514 14.6 6.8 <20 3.7 0.98 3.84 8.9 2 0610 24 , •. _ Y ,„, 2.357 16.1 6.6 22 . ; 3.9 _ _ 0.51 1, , 4.14'. 9.0 2.244 24 .. N 2.173 5 0610 24' . N 2.107`, 6 0610 24 < Y:• 2:090 17,.3 6.6 31 3.5 < 0.25 4.0_ 8.7 7 0610 24 . Y 2.358 r 17.0 6.8 <20 4.81 < 0.25 I< 3.6 01 _] 8.8 8 0610 24 Y 2.540, 17.5 6.8 <20 2.2 1 < 0.25 4.2 3 8.9 9 0610 24 Y 2.236 18.0 6.8 <20 3.0 < 0.25 3.5 < 1; f 8.7 10 0610 ..24 Y 72.258 18.6,. 6.8 .' <20 2.2 �•e 0.56 3.5 4 1 8.5 2.03 8.86 1.21 11 0610 24 N 2.167 _ 4: 12 0610 24 N 2.093 13 0610 24 Y . ` 26.183 18.8 6.8 <20 2.9 < 0.25 .3,4 4 8.6 1.47 7.83 1 1.26 14 0610 24 Y 2.621 17.3 6.7 21 3.2 r < 0.25 3.3 5: 8:6 15 0610- 24 Y 2.435 18.1 6.8 27 3.6. < 0.25 5.7 4 'i ., 8.6 16 0610 24.' Y 4.370. - 16.5. 6.7 29 3.6 < 0.25 I< 5.0 $ 9.1 17 0610 24 ` Y 3.291 17.1 6.8 <20 3.5 ` < 0.25 < 2.5 4 9.8 18 0610 ; :. 24 N 2.830 .. 19 0610 24 N 2.456 20 0610 24 Y 7.004 17.4 6.6 26 28 < 0.25 200 21;0_? 8.0 21 0610 _. 24 Y _ _4.532 16.4 " '6:8 ` 21 4.7 <. 0.25 < '':5:0 .6 . 8.8 0.62 5:07 1.39 22 0610 24 Y 8.672 17.8 6.6 35 5.9 < 0.25 6.6 281 8.6 23 0610 247 Y , : 3.244 16.7 6.7 1 21 14.5 < 0.25 7.7 13; 8.9 24 0610 24 Y r 2.848 17.2 6.8 21 5.1 < 0.25. 4.0 26i 9.1 25 0610 24 N._ 2.780 26 0610 24 N 2.605 + 27 0610 24 Y 2.520 17.7 7.0 <20 4.1' r0134 3.5 10, 8.9 28 0610 24 Y 2.632 22.3 6.7.. 33 r 10 < 0.25 4.8 3.26 1 11.04: 2.75 29 0610 24 Y 2.540 17.0 6.7 47 4.1 0.44 7.2 42 8.9 30 0610 24 1 Y 2.550' 17.5 6.8 <20 4.0 0.31 <'- 6:0 -2] 8.9 l=2 Boom MONTHLY MAXIMUM 7.004 22.3 7 0 : 47 28 $. 0:98. 200 210 9.8 3:26 11:04' 2.75 Comp (C)/Grab(G) CONT. G G G C C C G� G C 'C CEm _ WEEKLY PERMIT LIMIT,- (D.Max) 33,: 1. 6.00 45 4001 @ Averages for parameters with values below detection limit of test (BDL) computed using BDL=O; for Fecal Coliform, G.M. computed using BDL=1. *** Any entered flags indicate that not all BOD QC criteria were met: This does not necessarily mean that the data are invalid. Codes: 1) DW Blank depletion greater than 0.2 mg/l. 2) Seed control depletion less than 2 mg/I or final D.O. less thant.mglL...3).A[L.sample.,_-......_._._.___ _ .. de letions are less than 2 m /l. 4 All final D.O. readings less than 1 m /l. 5 Evidence of toxicity p ( r " _ • p 9 ) 9 9 ) ty in samples BO decreases wit�;,�iji�r�rat6). 6) Glucose / g[utamic acid standard outside of 167.5 to 228.5 mg/i range. Division of WRter Resources # Testing for these parameters were performed by Blue Ridge Labs, P.O. Box 2940, Lenoir, NC 28645 -NieC Qi J U N 2 3 2015 �jvov- � l �.� Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements X (including weekly averages, if applicable) Conipliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially, . threatens public health or the environment.Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E:6 of the NPDES permit. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designedg to assure that qualified personnel properly gather and evaluate the information Yq p. p P Y g .. submitted. Based on inquiry of the.person or persons who managed 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 fines and imprisonment for knowing violations." p to �U�ll Fermittee lease pri t'or e) Signature -of Perinittee*** Date _. (Required unless submitted electronically) City of Lenoir; P.O. Box 958, Lenoir, NC 28645. (828)757-2198, mlwall(a dlenoir:nc.us 2/28/2015 - Permittee Address Phone Number e-mail address Permit Expiration.:Date ADDITIONAL CERTITIIED LABORATORIES Certified Laboratory (2) Blue: Ridge Labs (metals, CN) Certification No. 275 Certified Laboratory (3) Pace Analytical"(Asp Pb, Se) Certification No. 67 Certified Laboratory (4)' ETT Environmental (Chronic Bioassays) Certification No. SCO0505;(EPA labcode) Certified Laboratory (5) Environment 1, Inc: (Hg 1631), Certification No. 243 PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or, by visiting the Surface Water Protection Section's web, site at b2o:enr.state.naus/was and linking to the unit's information pages: Use only units of measurement designated in the reporting facility's NPDES permit for reporting data No Flow/Discharge, From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** . ORC On Site?: _ ORC must visit facility and, document visitation.of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the p'ermittee, then the delegation of the signatory authority must be on Ole with the state per 15A NCAC 2B .0506(b)(2)(D). EFFLUENT s NPDES PERMIT NUMBER: NC0023981 DISCHARGE NUMBER: 001 MONTH: Aril YEAR: 211JLFL- FACILITY NAME: LOWE- ►-EEKWWTP JA COUNTY: CALDWELL Q1eCi:� eee•• �'ee rl e e a ee e e � e e e e� •ee a e. a e. � e e '/e � e e• 1 MR,r �a r. w.r u'' € f rya* 111 V�v 9!. Y�'.{� g �1xF� j k :lam q• _� $ y ME tv 3.5' ` - �`�Z yi, T ® h, ��� rAg t �'u vim.'• �. g, k,. • ; r @Averages for parameters with values below detection limit of test (BDL) computed using BDL=O. Due to collections tbBag t ammeWL ,ono m t sted during the month. An extra sampling will be done in June 2015. @Averages for parameters with values below detection limit of test (BDL) computed using BDL=O. Due to collections tbBag t ammeWL ,ono m t sted during the month. An extra sampling will be done in June 2015. Permit Enforcement History Details by Owner 7/20/2015 ' 1 Owner: City of Lenoir Facility : Lower Creek WWTP Permit: NCO023981 Region: Asheville County : Caldwell Case Number Penalty Assessment MR Approved Penalty Amount Enforcement Costs Remission Request Damages Received Enf Enf Conf Remission Held Amount EMC Hearing Held EMC OAH Remission Remission Amount Amount Collection MemoSent Total To AGO Paid Balance Due Has Pmt Plan Case Closed WQ-1986-0037 12/10/86 $19,800.00 $304.14 $0.00 1/15/87 2/5/87 $13200 4/9/87 $6,000.00 $904.14 $0.00 No 5/20/87 LV-1999-0253 7/16/99 $2,000.00 $79.46 $2,079.46 $0.00 No 8/26/99 LV-1999-0308 8/20/99 $2,000.00 $79.46 $2,079.46 $0.00 No 12/4/00 LV-1999-0367 9/24/99 $2,000.00 $79.46 $2,079.46 $0.00 No 2129/00 LV-2001-0226 6/19/01 $1,500.00 $79.46 $1,579.46 $0.00 No 7/12101 LV-2001-0386 9/24/01 $500.00 $79.46 $579.46 $0.00 No 10/29/01 LV-2002-0035 2/18/02 $500.00 $79.36 $579.36 $0.00 No 3/6/02 LV-2002-0156 5/17/02 $500.00 $79.46 $579.46 $0.00 No 6/19/02 LV-2002-0256 7/5/02 $250.00 $79.48 $329.48 $0.00 No 7/26/02 LV-2002-0562 11/15/02 $250.00 $79.48 $329.48 $0.00 No 12/11/02 LV-2002-0693 12/18/02 $550.00 $79.46 $629.46 $0.00 No 1/10/03 LV-2003-0024 1/14/03 $250.00 $100.00 $350.00 $0.00 No 1/31/03 LV-2003-0106 2/10/03 $300.00 $100.00 $400.00 $0.00 No 3/7/03 LV-2003-0355 2-2003 4/29/03 $5,625.00 $100.00 $5,725.00 $0.00 No 5/23/03 LM-2003-0312 5-2003 5/3/03 $450.00 $100.00 $550.00 $0.00 No 8/22/03 LV-2003-0301 11-2002 7/23/03 $250.00 $100.00 $0.00 $350.00 No 7/11/06 LV-2003-0700 8-2003 11/3/03 $4,062.50 $100.00 $4,162.50 7/20/2015 2 $0.00 No 11/25/03 LV-2004-0005 9-2003 1/5/04 $625.00 $100.00 $725.00 $0.00 No 1/23/04 LV-2004-0081 11-2003 6/21/04 $312.50 $100.00 $412.50 $0.00 No 7/20/04 LV-2004-0280 4-2004 7/12/04 $500.00 $100.00 $600.00 $0.00 No 8/3/04 LV-2004-0551 8-2004 11/5/04 $250.00 $100.00 $350,00 $0.00 No 1/5/05 LV-2005-0084 12-2004 3/4/05 $500.00 $100.00 $600.00 $0.00 No 4/18/05 LV-2005-0185 3-2005 3/31/05 $1,500.00 $100.00 $1,600.00 $0.00 No 6/27/05 . LV-2006-0458 8-2006 1/8/07 $500.00 $165.75 $665.75 $0.00 No 2/7107 LV-2008-0439 6-2008 1211/08 $2,000.00 $25.00 $2,025.00 $0.00 No 12/23/08 LV-2009-0281 5-2009 8/6/09 $1,000.00 $64.00 $1,064.00 No LV-2009-0178 3-2009 4/20/10 $500.00 $64.00 $564.00 $0.00 No 5/11/10 LV-2011-0264 3-2011 10/26/11 $2,000.00 $142.00 $2.142.00 $0.00 No 11/17/11 LV-2012-0188 4-2012 11/1/12 $500.00 $137.00 $637.00 $0.00 No 12/12/12 LV-2012-0194 5-2012 11/5/12 $500.00 $137.00 $637.00 $0.00 No 12/12/12 Total Cases: 30 Total Penalty Amount: $51,475 Total Enforcement Cost: $3033.43 Sum Of Total Paid: $33,894.43 Total Balance Due: $1,414.00 Sum of Total Case Penalties: $54,508.43 Total Penalties After Remissions: $35,308.43 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Lower Creek / NC0023981 (April 2015 DMR) County: Caldwell Case Number: MV-2015-0022 8 ASSESSMENT FACTORS As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-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; Potential violations may not be revealed with "Failure to Monitor." 2) The duration and gravity of the violation; Total Cadmium, Total Cyanide, Total Nickel and Total Selenium were not monitored Monthly per the requirements of the NPDES permit. 3) The effect on ground or surface water quantity or quality or on air quality; Potential violations may not be revealed with "Failure to Monitor." 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of the collection of the samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 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 no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. Date G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section 07/21/2015 Asheville Regional Office, NCDENR Pat McCrory Governor 74� NCDENR North Carolina Department of Environment and Natural Resources June 29, 2015 CERTIFIED MAIL RETURN`RECEIPT REQUESTED 7014 0510 0000 4466 6341 Mr. Monte L. Wall, Plant Superintendent City of Lenoir Lower Creek WWTP P.O. Box 958 Lenoir, North Carolina 28645-0958 Dear Mr. Wall: Donald R. van der Vaart Secretary Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-MV-0089 Lower Creek WWTP NPDES' Permit No. NCO023981 Caldwell County A review of the April 2015 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Frequency Violation 04/30/2015 001 Cadmium, Total Monthly Failure to Monitor 04/30/2015. 001 Cyanide, Total Monthly Failure to Monitor 04/30/2015 001 Nickel, Total Monthly Failure to Monitor 04/30/2015 001 Selenium, Total Monthly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0023981. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the April 2015 Discharge Monitoring Report. 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. Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: hftp://podal.ncdenr,org/webAvq An Equal Opportunity/ Affirmative Action Employer i Mr. Monte L. Wall June 29, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch Ci1WEL1R'Q1Caldwe.IlUi'a:Eewater•y\-itmiuipnl\1,uaer Crook WWTP 2398]\NOV-NRY 2015-\-1V-0039.doe AN, NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary June 29, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 6341 Mr. Monte L. Wall, Plant Superintendent City of Lenoir Lower Creek WWTP P.O. Box 958 Lenoir, North Carolina 28645-0958 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-MV-0089 Lower Creek WWTP NPDES Permit No. NCO023981 Caldwell County Dear Mr. Wall: A review of the April 2015 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Frequency Violation 04/30/2015 001 Cadmium, Total Monthly Failure to Monitor 04/30/2015 001 Cyanide, Total Monthly Failure to Monitor 04/30/2015 001 Nickel, Total Monthly Failure to Monitor 04/30/2015 001 Selenium, Total Monthly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina, General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO023981. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the April 2015 Discharge Monitoring Report. 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. Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/weblwq An Equal Opportunityl Affirmative Action Employer Mr. Monte L. Wall June 29, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch 6 iWlt`4NI )\(dal(i,di\Waxtol""iterAA4unicilxd`.Lower (: r ucic WWI P 2393P,NOV-NRE 2_0I S-NI V-0039.doe