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)
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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
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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.
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CONT.
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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 -
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,
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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.
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MONTHLY MAXIMUM
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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