NC0001406_NOV_20070110

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CERTIFIED MAIL RECEIPT
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Total Postagi Alan Thornton
Sent To Town of Erwin
P.O.treet, Apt. No 1 Box 549
orPO City,
No. NC 28339
City, State, ZIF Erwin,
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I. Article Addressed to:
Alan Thornto
Town of Erwin;,,
P.O. Box 5�49f
Erwin, NC 28339
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UNITED STATES POSTAL SERVICE
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NORTH CAROUNA DEPARTMENT OF
,
. AliA ENVIRONMENtANDNATURAL RESOURCES
NCDENR 2F2A5se GEFTervNi LURE, NECT2 8_3S oyiI_ 5 04731 4
130.01-- --43r trAn-fley

January 10, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7001 2510 0000 6683 4926
Alan Thornton
Town of Erwin
P.O. Box 549
Erwin NC 28339
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment acid Natural Resources
Alan W. Klimek_. P.E Director
Division of Water Quality
SUBJECT: NOTICE OF VIOLATION
November 21, 2006 Compliance Evaluation Inspection
Town of Erwin
Erwin WWTP #2
Permit NC0001406
Harnett County
Dear Mr. Thornton:
Enclosed please find a copy of the Compliance Evaluation Inspection (CEI) from the inspection conducted on
November 21, 2006. The CEI was conducted by Mark Brantley, Environmental Chemist, from the NC DENR
Fayetteville Regional Office. The cooperation of Mr. Billy Addison, Grade IV ORC, was greatly appreciated. The
facility was found to be in Non -Compliance with permit NC0001406. As a reminder, preservation of the Waters
of the State can only be achieved through consistent NPDES Permit compliance. The following violations were
noted during the inspection:
Violation #1 Operating without a valid NPDES permit.
Permit NC0001406 expired on September 30, 2006. North Carolina General Statute 143-215.1 (c) and Federal
rules [40 CFR 122] require the Permittee to request renewal at least 180 days before permit expiration. No renewal
application for your permit has been received by the Division.
Violation #2 Failure to obtain a Laboratory Certification for Field Parameters.
Laboratory certification documents were unavailable during this inspection. A review of the Fayetteville Regional
Office files also did not produce any record of laboratory certification. Contact was made with Jeff Adams of the
Laboratory Certification Branch. Mr. Adams confirmed that this facility did not have a laboratory certification for
the field parameters that it was analyzing. This constitutes a violation 15A NCAC 02H .0804 (a) which states in
part, "Commercial, Municipal, Industrial and Other facilities are required to obtain certification for field parameters
which will be reported by the client to comply with State surface water, groundwater, and pretreatment Rules."
It was noted during the inspection that less than 20 houses are on the system and the average flow at the WWTP
was around 30,000 gal/day but during a rain event the flow increases to around 130,000 gallons/day. This suggests
that the system has a serious inflow and infiltration problem. The Division understands that the Town is planning to
close this facility and divert the flow to Harnett County's Erwin WWTP.
North Carolina Division of Water Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone [phone]
Customer Service 1-877-623-6748
FAX [phone] Internet: h2o.enr.state.nc.us
One
NothCarohna
,-Vat1rrallj
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Please respond in writing to the Fayetteville Regional Office concerning the above violations and.coininents on or
before January 25, 2007. In your letter please give a detailed plan of action of how the town plans to correct the
violations, when the town may divert the wastewater flow to the Harnett County System, and a plan of action to
correct the I/I problems within the former Swift Collection System.
The Division of Water Quality has the authority to levy penalties of up to $25,000.00 per day per violation.
Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have
any questions, please call Mark Brantley or me at 910-433-3300.
Sincerely,
Belinda.Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
cc: Billy Weldon Addison, ORC
Central Files
Fayetteville Files

United States Environmental Protection Agency
EPA Washington, D.C. 20460
Water Compliance Inspection Report
Form Approved.
OMB No. 2040-0057
Approval expires 8-31-98
' Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection
1 I NI 2 1 51 31 N00001406 1 11 121 06/11/21 1,17
Type Inspector Fac Type
181 CI 191 SI 201-1
I I I I I I I I I I I 1 I 1 1166
Remarks
211 .1 11 I I I I 1 I I 1 I I I I I I I I I I I I I I I I I I I
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved)
671 169 701 31 711 NI 721 NI 731 1 1 74 751 1 1 L 1 1 1 J 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number) -
-
Erwin WWTP 82
411 South 20th St
Erwin NC 28339
Entry Time/Date
02:00 PM 06/11/21
Permit Effective Date
05/11/01
Exit Time/Date
03:00 PM 06/11/21
Permit Expiration Date
06/09/30
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
///
Billy Weldon Addison/ORC/910-892-2948/
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Alan Thornton,PO Box 549 Erwin NC 28339//910-897-6663/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Schedules
as necessary)
Permit -;' Flow Measurement ?, Operations & Maintenance Records/Reports
Self -Monitoring Program -; Sludge Handling Disposal .. Facility Site Review ,T. Compliance
and checklists
Effluent/Receiving Waters Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Mark Brantley FRO WQ//910-433-3300 Ext.727/ /
Nevtlit 6-zr4-a5--
Signature of Management Q A Reviewer e• Agency/Office/Phone and Fax Numbers Date
Belinda S Henson ) ri-OL D .,. //�/�/� 4,,y1A20-t FRO 'r1Q//910-433-3300 Ext.726/ /_- J/ - b7
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

31
NPDES
NCO 001406
I11
yr/mo/day Inspection Type
12I 06/11/21 I17 18ICI
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
PLEASE SEE COVER LETTER.
Page # 2

Permit NC0001406 Owner - Facility: Erwin WWTP #2
Inspection Date: 11/21/2006 Inspection Type: Compliance Evaluation
Compliance Schedules
Is there a compliance schedule for this facility?
Is the facility compliant with the permit and conditions for the review period?
Comment:
Operations & Maintenance
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge
Judge, and other that are applicable?
Comment: Facility uses pH and disolved oxygen levels as process controis.
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
Comment: The NPDES Permit has expired and the Town of Erwin has not submitted
an application for renewal.
Flow Measurement - Influent
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Comment: Please send calibration data to the Fayetteville Regional Office.
Record Keeping -
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain -of -custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Yes No NA NE
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Page # 3

Permit: NC0001406 Owner - Facility: Erwin WWTP #2
Inspection Date: 11/21/2006 Inspection Type: Compliance Evaluation
Record Keeping
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility classification?
Is a copy of the current NPDES permit available on site?
Facility has copy of previous year's Annual Report on file for review?
Comment:
Aeration Basins
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/I)
Comment: About half of the surface aerators are operational.
Laboratory
Are field parameters performed by certified personnel or laboratory?
Are all other parameters(excluding field parameters) performed by a certified lab?
# Is the facility using a contract lab?
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
Yes No NA NE
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Page # 4

Permit: NC0001406 Owner - Facility: Erwin WWTP #2
Inspection Date: 11/21/2006 Inspection Type: Compliance Evaluation
Laboratory
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
Comment: Environment 1performs all of the required NPDES Permit parameters
except for field parameters. Town does not currently have a field certification.
Influent Sampling
# Is composite sampling flow proportional?
Is sample collected above side streams?
Is proper volume collected?
Is the tubing clean?
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
Is sampling performed according to the permit?
Comment: Four Grab samples are taken by hand in a 24 hour period for composite
samples.
Effluent Sampling
Is composite sampling flow proportional?
Is sample collected below all treatment units? ■ n n n
Is proper volume collected? ® n n n
Is the tubing clean? n n
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ® n n n
Is the facility sampling performed as required by the permit (frequency, sampling type representative)? i n n n
Comment: Four grab saples are taken by hand in a 24 hour period for composite
samples.
Upstream / Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? 0
Comment: Facility is a member of the Middle Cape. Fear River Basin Association.
Yes No NA NE
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Page # 5

TOWN OF - ERWIN
POST OFFICE SOX-459 • ERWIN,.NORTH CAROLINA 28339 -
- - [phone] • FAX [phone]
Ms. Belinda Henson, Reg. Supervisor
NCDENR-DWQ'225 Green St. /Suite 714
Fayetteville, .NC 28301 -
.Dear Ms. Henson:
Mayor- -- --
Patsy M. Carson
Mayor Pro Tem
W.N. Porter
Commissioners
Randy L. Baker
Ricky W. Blackmon
-Norma S. Ennis
D. Brian Gurkin Mark E. Whitman
The Town of Erwin acknowledges receipt of your correspondence dated January 10, -
-2007. I can unequivocally relay to you that the desire for the -closure -of this facility and
diversion of existing flow to Harnett County's Erwin WWTP is mutual.
Unfortunately, `the,Town of Erwin cannot simply turn a valve and facilitate this objective.-
Several factors revolve around the ultimate_ closure of this facility that require some -
resolution as we work our way towards the mutually desired closure:of this facility.
The Town has completed, with' the assistance of the County of Harnett, an investigative
analysis -of the outfall line which delivers all of -the flow to this facility. The Town has.
received approval from the County of Harnett_to_ accept the diverted flow from this
facility to the Harnett County Erwin WWTP. The Town of Erwin's consulting
engineering firm has analyzed_ and submitted options to the Town .for the achievement of
the diversion of this flow from the Erwin WWTP #2 to the Harnett County Erwin
_ WWTP. Staff has discussed and reviewed these options with the Erwin Board of
Commissioners repeatedly to achieve a comfort level necessary to quickly move forward.
Afinal decision regarding -the most appropriate -measure to retire thi—facility is on the
agenda for the Board of Commissioners Annual Retreat. That Retreat is set to take place
in February, 2007. Once staff has been given the directive by the Board of -
Commissioners as to which avenue to take to most appropriately achieve this objective, _
the Town n of Erwin will move forward as quickly_ a: humanly possible to complete this
facility closure I assure you that this facility's closure is_a_high priority for the Town as
the continued operation of a WWTPfor ."less than.20 houses" is a tremendous financial
drain on the Town's resources.
The Town of Erwin willsubmit an application to DWQ for renewal of the appropriate
NPDES permit for, this facility -as we have no desireto be. in violationof.any,state statute -
or federal rules while we develop and implement the most appropriate plan and procedure
for the closure of this facility
"Pride In Our -Past-- Hope In Our Future"-

The Town of Erwin respectfully requests the understanding of the DWQ of our position
in regards to violation # 2. Up until late 2005, this facility was operating under an
industrial permit. Staff of the DWQ reclassified this facility as a municipal WWTP. The
necessity of creating a certified laboratory at this facility that the Town is going to close
in the near future is impractical.
The Town of Erwin appreciates your continued willingness to work with us as we move
forward in satisfactorily achieving both of our agencies objectives in regards to this
facility. I stand ready to meet with you at your convenience to discuss any issue raised in
this correspondence or to provide you with any additional information you deem
pertinent.
Sincerely,
M. Alan Thornton
Town Manager
Cc: John H. Eick, P.E., DEE, Stearns & Wheler, PLLC
Mayor and Commissioners of the Town of Erwin
file

ri COPY:Lioil
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-97-71737
This document prepared by C. Mac Hunter, P.A P.O. Box 567, Erwin,
FOR REGISTRATION REGISTER OF DEEDS
KIMBERLY 5. HARGROVE
HARNETT COUNTY NC
2009 FEB 11 03:30:14 PM
BK:2590 PG:723-727 FEE:$23.00
INStRUMENt # 2@@9@@1813
NORTH CAROLINA
DEED
HARNETT COUNTY
L Ei C] 1.
1
•
DENR - WATER QUALITY
POINT SOURCE BRANCH
THIS DEED, made this the Z.(D day of Noiernber , 2008, by and between
Town of Erwin, a Municipal Corporation organized and existing under the laws of the State
to o •b,}
of North Carolina hereinafter called Grantor and the County of Harnett, a County Unit
organized and existing under the laws of the State of North hereinafter called Grantee,
(said designations shall include the respective parties whether one or more, individual or
corporate, and their respective successors in interest or assigns.)
WITNESSETH:
That the Grantor, for and in consideration of the sum of One Hundred Dollars, and
other good and valuable considerations to it in hand paid by the Grantee, the receipt of
which is hereby acknowledged, has given, granted, bargained, sold and conveyed and by
these presents does give, grant, bargain, sell, convey and confirm unto the Grantee its
heirs and/or successors and assigns (subject however, to any conditions, restrictions,
Page .1 of 4

limitations, reservations or exceptions appearing after the description below), the following
particularly described real estate located in Harnett County, North Carolina, to wit:
CONVEYANCES AND RETAINED EASEMENTS AND RIGHTS -OF -WAY
TRACT I:
Being all of Tract number two shown as Town of Erwin, Tax PIN number
0597-22-1072.000, Deed Book 1872 Page 238 of the Harnett Registry, Plat
Cabinet number F, Slide 529-B containing 23.257 acres, more -or -less, all as
referred to on that Subdivision Survey for the Town of Erwin, Harnett County,
North Carolina, Duke Township dated March 21, 2008 by David Ward
Surveying, Asheboro, North Carolina and recorded in Map Book JD04' Page
in-p q of the Harnett Registry.
Excepted from the foregoing tract is that 60 foot easement for the Town of
Erwin shown on the northeastern side of the property which is 60 feet in
width and 1,000.23 feet in length along a call of North 23 degrees 22 minutes
07 seconds West: Such easement shall be for the ingress and egress of the
Town of Erwin to all property adjoining the same and for the ingress and
egress of the citizens of the Town of Erwin and other persons who are in.
need of passing on the same. Such easements shall be perpetual in nature
and pass with the Title.
TRACT II:
Being all of Tract number one shown as Town of Erwin, Tax PIN number
0597-22-1072.000, Deed Book 1872 Page 238 of the Harnett County-
Registry, Plat Cabinet number F, Slide 529-B containing 26.406 acres, more -
or -less and containing a lagoon and adjoining property as shown on the Map
and Plat of the Subdivision Survey for the Town of Erwin, Harnett County,
North Carolina, Duke Township dated March 21, 2008 by David Ward -_
Surveying, Asheboro, North Carolina and recorded in Map Book (goon
Page '014 of the Harnett Registry.
TRACT III
Being all of that property containing 1.299 acres, more -or -less, Tax PIN
number 0587-95-3137, on that Survey for the Town of Erwin Harnett County,
North Carolina, Duke Township, dated March 13, 2008 by David Ward
Surveying Asheboro, North Carolina and recorded in Map Book a005(Page.
Irri (I of the Harnett Registry.
TO HAVE AND TO HOLD the above described land and premises, with all the
Page 2 of 4

appurtenances thereunto belonging, or in any wise .appertaining, unto the Grantee, its
successors and assigns forever.
And the Grantor covenants to and with the Grantee, its successors and assigns, that
the Grantor is lawfully seized in fee simple of said land and premises, and has full right and
power to convey the same to the Grantee in fee simple, and that said land and premises
are free from any and all encumbrances (with the exception above stated, if any) and that it
will and its heirs, executors, administrators and/or successors shall forever warrant and
defend the title to the said land and premises, with the appurtenances, unto the Grantee,
its successors and assigns, against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day
and year first above written:.
ATTEST:
5LS--' (SEAL)
thia Patterson, Town Clerk
Town of Erwin
Patsy M. ;Eamon, Mayor
Page 3 • of 4
(SEAL) -.

STATE OF NORTH CAROLINA
COUNTY OF HARNETT
Circe lc\ 14Notary Public of the County and State aforesaid, do
hereby certify that Patsy M. Carson personally appeared before me this day and
acknowledged that she is Mayor of the Town of Erwin, a Municipal Corporation, that by
authority duly given and as the act of the Municipal Corporation the foregoing instrument
was signed in its name by its Mayor, Patsy M. Carson, sealed with its Corporate Seal, and
attested by its Town Clerk.
Witness my hand and seal, this AM day of J vFm °r , 200.
NOTARY PUBLIC
Commission Expires: ((�b
Page 4 of 4

KIMBERLY S. HARGROVE
REGISTER OF DEEDS, HARNETT
305 W CORNELIUS HARNETT BLVD
SUITE 200
LILLINGTON, NC 27546
Filed For Registration: 02/11/2009 03:30:14 PM
Book: RE 2590 Page: 723-727
Document No.: 2009001813
DEED 5 PGS $23.00
Recorder: MARY ANNE WOOD
State of North Carolina, County of Harnett
KIMBERLY S. HARGROVE , REGISTER OF DEEDS
DO NOT DISCARD
*2009001813*
2009001813