NC0069761_NOV2021LM0057_Response_20210806

Proceed with enforcement - previous violations over 12 months. Did not receive certified green card back. Tracked online and spoke with
ORC to confirm delivery. Past 10 day response time as well. TL
Lowery, Patricia
From: Daniel Davis <[e-mail]>
Sent: Friday, August 6, 2021 9:49 AM
To: Lowery, Patricia; Randy Horney
Subject: [External] Pond Creek WWTP NOV-2021-LM-0057
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good Morning Tricia,
Thank you for your call this week. I did receive the NOV in question and I just plain lost it on my desk. I did not get a
response back to you withing the required 10 days and I do apologize. My Pond Creek ORC Randall Horney has
responded to me with an explanation for the Ammonia Exceedance.
The cause of the high ND3 violation is because of the clarifier drive stopped turning. The result of that was the sludge
set up solid in the clarifier making the ammonia go above the permitted limit. We were using a gas powered trash pump
to move the sludge to try to get circulation but it would not move enough solids and we had to wait till the drive was
repaired to get the clarifier back in operation. Gopher Utility Services of Kannapolis NC made the repairs to the drive
unit and the clarifier has been returned to service. Standard maintenance is being performed daily but the drive motor
burned out and was replaced.
Thank you for your consideration and for speaking with me about this. Have a great day!
Daniel Davis
Director of Utilities
108 Bark Park Way
Beech Mtn, NC, 28604
[e-mail]
Office 828-387-9282
IAAMOUNTAIN
NORTH CAROLINA
Ecakrrn,4narf(dr Hrghiae 7owen
BEECH
Pursuant to North Carolina General Statutes, Chapter 132, Public Records, this e-mail and any attachments, as
well as any e-mail messages(s) that may be sent in response to it, may be considered public records and
therefore are subject to public records requests for review and copying.
Pursuant to North Carolina General Statutes, Chapter 132, Public Records, this e-mail and any attachments, as well as
any e-mail messages(s) that may be sent in response to it, may be considered public records and therefore are subject to
public records requests for review and copying.
1

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 70181130000016125105
Return Receipt Requested
July 7, 2021
Daniel Davis, Director Public Utilities
Town of Beech Mountain
510 Beech Mtn Pkwy
Beech Mountain, NC 28604-8012
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LM-0057
Permit No. NC0069761
Pond Creek WWTP
Watauga County
Dear Permittee:
A review of the April 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 4/30/2021 2.6 4.46 Monthly Average Exceeded
N) - Concentration (C0610)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina
General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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) business days after receipt of this
Notice. A review of your response will be considered along with any information provided on the submitted
Monitoring Report(s). 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.
NORTH
D E
Dopartmem of Envim.mom.i au.i`
North Carolina Department of Environmental Quality Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Remedial actions should have already been taken to correct this problem and prevent further occurrences in
the future. The Division of Water Resources may pursue enforcement action for this and any additional
violations of State law. 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.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the
Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Tricia Lowery of the
Winston-Salem Regional Office at 336-776-9691.
Sincerely,
DocuSigned by:
"-0D2D3CE3F187456...
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Winston-Salem Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
LD_E
NORTH CAROLINA
Department of Environmental quaky
North Carolina Department of Environmental Quality j Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800