WQ0002519_Response to Notice_20170118

PRITCHETT & BURCH, PLLC
ATTORNEYS AT LAW
101 LAWYERS LANE — POST OFFICE DRAWER 100 — WINDSOR, NC 27983
Telephone [phone]- Facsimile [phone]
e-mail: p&[e-mail]
LLOYD C. SMITH, JR. * +
JONATHAN E. HUDDLESTON
LLOYD C. (CLIF) SMITH, III
PEGGY SMITH
*Certified Mediator
+Certified Family Financial Mediator
January 18, 2017
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Tankard:
J.A. PRITCHETT (1897-1986)
WILLIAM W. PRITCHETT, JR. (1944-2001)
RECEIVED/NCDENR/DWR
JAN 24 2017
Water Quality Regional
Operations Section
Washington Regional Office
I hope this letter finds you well. I am responding on behalf of the Minzies Creek
Sanitary District, to the Notice of Violations, served upon them dated, December 16,
2016 and other outstanding notices respectively. The issues pertaining to these
violations according to the ORC relate primarily to issues with I & I, an issue which the
District is in the process of attempting to at least reduce as detailed in prior letters and
our most recent quarterly update.
It is the ORC position that the major issues which caused the recent violations
related to periods of low flow followed by periods of excessive flow, which stressed the
system and washed out the process. This dictates a lag in recovery time for the
bacteria which further contributes to the issues cited herein. Obviously this fall was a
unique time in Eastern North Carolina, with at least two occasion of catastrophic rain
which we contend contributed greatly to this problem particularly in light of the district's
I & I issues.
Again the district is in the process of addressing these issues, and it would ask
that it be allowed time to put this plan into place and see if this will address the
violations cited herein. As you are well aware any money spent on fines will be money
that cannot go to infrastructure, and with the size of Minzie's Creeks budget any fines
serve as a major hindrance to the repair effort. We would ask that you consider
waiving any fines for the above violations.

Please feel free to contact me with any concerns or comments you may have
regarding this matter.
Sincerely,
PRITCHETT & BURCH, PLLC

Tankard, Robert
From: CHARLES JONES Jones-<[e-mail]>
Sent: Thursday, January 12, 2017 9:42 AM
To: Clay Helm
Cc: L. Clifton Smith, III; Wilma Helm; ([e-mail]); linwood hines; Tankard,
Robert
Subject: Re: NOV's for Minzies Creek
Mr. Helm,
The only answer that I can provide is the same one that I gave on the monthly report, which is the periods of low flows
coupled with extreme high flows stresses the system and washes out the process. Once the process is gone, it takes
time to re-establish the bacteria. Temperature fluctuations also hinder the process. Until the I and I problems are
addressed, problems like this will continue. As far as letting the state know, the reports have to be reviewed as soon as
they are received and the regional office notified by phone or email. I would also suggest that if the first monthly
sample was found to be out of compliance, another set of samples be taken and averaged with the first. Even though
only one is required, nothing says that you cannot take more. I have observed and reviewed Joe's sampling technique
and it seems to be satisfactory. I believe that if the facility could start returning all of the effluent and sending only 6000
gallons to the cells each day, and force it into extended aeration conditions, the numbers should come down. The only
problem with this is the excessive flows due to storm events. Different steps would have to be taken in that event.
Be aware that the facility is also non -compliant for stand-by power and free board amounts. The next state inspection
will surely note these and will result in more NOV's or non-compliance with the permit.
Chuck Jones
252.333.8766 cell
From: "Clay Helm" <[e-mail]>
To: "C Jones" <[e-mail]>
Cc: "L. Clifton Smith, III" <[e-mail]>, "Wilma Helm" <[e-mail]>,
"([e-mail])" <[e-mail]>, "linwood hines" <[e-mail]>,
"Robert Tankard ([e-mail])" <[e-mail]>
Sent: Tuesday, January 10, 2017 4:55:05 PM
Subject: NOV's for Minzies Creek
Chuck;
We have received two NOV's for Minzies Creek sanitary District. Wilma has forwarded them to you. We have to write a
response and need to know why we had these failures to our system. We have not heard from you on either of the
NOV's and need the information to tell NC water Resources Environmental Quality.
Please respond quickly. If you need the NOV's resent, let me know.
Clay Helm
Commissioner
Minzies Creek Sanitary District
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