WQ0003698_Asheville Regional Office Staff Report_20220304

State of North Carolina
Division of Water Resources

Water Quality Regional Operations Section
Staff Report

FORM: WQROSSR 04-14 Page 1 of 7

To: NPDES Unit Non-Discharge Unit Application No.: WQ0003698
Attn: (Erick Saunders) Facility name: Corpening Creek SDU

From: (Brett Laverty)
Asheville Regional Office

Note: This form has been adapted from the non-discharge facility staff report to document the review of both non-
discharge and NPDES permit applications and/or renewals. Please complete all sections as they are applicable.

I. GENERAL AND SITE VISIT INFORMATION
1. Was a site visit conducted? Yes or No
a. Date of site visit: 10/29/2021 and 11/5/2021
b. Site visit conducted by: Brett Laverty and Mikal Wilmer
c. Inspection report attached? Yes or No
d. Person contacted: Brant Sikes and their contact information: (828) 652 - 4224 ext.
e. Driving directions:
2. Discharge Point(s):
Latitude: Longitude:
Latitude: Longitude:
3. Receiving stream or affected surface waters:
Classification:
River Basin and Subbasin No.
Describe receiving stream features and pertinent downstream uses:
II. PROPOSED FACILITIES: NEW APPLICATIONS
1. Facility Classification: (Please attach completed rating sheet to be attached to issued permit)
Proposed flow:
Current permitted flow:
2. Are the new treatment facilities adequate for the type of waste and disposal system? Yes or No
If no, explain:
3. Are site conditions (soils, depth to water table, etc) consistent with the submitted reports? Yes No N/A
If no, please explain:
4. Do the plans and site map represent the actual site (property lines, wells, etc.)? Yes No N/A
If no, please explain:
5. Is the proposed residuals management plan adequate? Yes No N/A
If no, please explain:
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6. Are the proposed application rates (e.g., hydraulic, nutrient) acceptable? Yes No N/A
If no, please explain:
7. Are there any setback conflicts for proposed treatment, storage and disposal sites? Yes or No
If yes, attach a map showing conflict areas.
8. Is the proposed or existing groundwater monitoring program adequate? Yes No N/A
If no, explain and recommend any changes to the groundwater monitoring program:
9. For residuals, will seasonal or other restrictions be required? Yes No N/A
If yes, attach list of sites with restrictions (Certification B)
Describe the residuals handling and utilization scheme:
10. Possible toxic impacts to surface waters:
11. Pretreatment Program (POTWs only):

III. EXISTING FACILITIES: MODIFICATION AND RENEWAL APPLICATIONS
1. Are there appropriately certified Operators in Charge (ORCs) for the facility? Yes No N/A
ORC: Certificate #: Backup ORC: Certificate #:
2. Are the design, maintenance and operation of the treatment facilities adequate for the type of waste and disposal
system? Yes or No
If no, please explain:
On October 22, 2021, the Asheville Regional Office was notified by the Public Works Director for the City
of Marion (Brant Sikes) that recent construction activity uncovered a previously unknown surface disposal
unit on the same property as the current surface disposal units. DWR staff conducted site inspections on
October 29, 2021 and November 5, 2021. Staff identified two additional surface disposal units that were
previously unknown.
A review of the permit file revealed a site map and a December 14, 2000 Division memo (see attached)
indicating the presence of at least six additional surface disposal units not included on the current
inventory. The memo and map indicate surface disposal units 6-8 and possibly 9-10 were constructed
without authorization and are unlined with no information on the vertical and horizontal extent.
Furthermore, the originally permitted disposal units 1-5 were abandoned without notifying the Division.
Surface disposal unit 11 was the only lined monofill and the last unit to be authorized and permitted.
Surface disposal unit 11 is not on the current inventory and its location is unknown.
Description of existing facilities: The surface disposal units were largely constructed as unlined pits for the
landfilling of Class B wastewater residuals between 1981 - 2000. The permitted loading rate was 280 dry
tons per year. Some of the disposal units have vegetative earthen caps designed to promote positive
drainage and are maintained by annual mowing to suppress the growth of woody vegetation. The recently
discovered disposal units are only partially covered with exposed biosolids. The disposal units also have
large mature trees growing inside of the units. Many of these earthen caps have subsided over time and are
promoting the infiltration of stormwater runoff. It is important to note that a 1,000-gallon underground
storage tank was found partially buried in the biosolids at one of the newly discovered disposal units.
Proposed flow: Non-discharge
Current permitted flow: Non-discharge
Explain anything observed during the site visit that needs to be addressed by the permit, or that may be important
for the permit writer to know (i.e., equipment condition, function, maintenance, a change in facility ownership,
etc.) The permittee will need to conduct a site assessment to locate and delineate all surface disposal units.
The assessment will need to focus on establishing an accurate waste boundary for each disposal unit, depth
of waste, distance between the bottom of the unit and the seasonal high water table, and the condition of the
earthen/vegetative cap. Because the site assessment may take time to complete, the ARO is recommending
the permittee submit a scope of work and establish a schedule to complete the site investigation within 90
days of the issuance of the permit.
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3. Are the site conditions (e.g., soils, topography, depth to water table, etc) maintained appropriately and adequately
assimilating the waste? Yes or No
If no, please explain: See comments above
4. Has the site changed in any way that may affect the permit (e.g., drainage added, new wells inside the compliance
boundary, new development, etc.)? Yes or No
If yes, please explain:
The origination date for the current permit in BIMS is listed as November 1, 1987, which means the facility
was given a review boundary and a compliance boundary setback of 250 feet from the waste boundary, or
50 feet within the property boundary. However, a recent review of the permit file revealed the Corpening
Creek Wastewater Treatment Plant was originally permitted to operate a landfilling facility to dispose of
digested sludge on December 1, 1981 (see attached). The original permit number was 7013. If confirmed,
the permittee will have no review boundary and a compliance boundary setback of 500 feet from the waste
boundary or at the property boundary. The ARO is recommending the permit be updated to reflect this
new information.
5. Is the residuals management plan adequate? Yes or No
If no, please explain: see comments above
6. Are the existing application rates (e.g., hydraulic, nutrient) still acceptable? Yes or No
If no, please explain: As was mentioned above, there are number of surface disposal units that were
constructed without authorization. A notice of violation (NOV-2022–LV-0130) was recently issued for
groundwater violations at monitoring wells MW-2 and MW-3 (see attached).
7. Is the existing groundwater monitoring program adequate? Yes No N/A
If no, explain and recommend any changes to the groundwater monitoring program: The expansion of the
groundwater monitoring well field is inevitable but new monitoring well locations cannot be recommended
until all of the surface disposal units have been located and adequately delineated.
A review of the historical analytical results was conducted. The Asheville Regional Office is recommending
the addition of barium, cobalt, nitrite, phosphorus, and Total Kjeldahl Nitrogen to list of groundwater
monitoring parameters.
8. Are there any setback conflicts for existing treatment, storage and disposal sites? Yes or No
If yes, attach a map showing conflict areas.
9. Is the description of the facilities as written in the existing permit correct? Yes or No
If no, please explain: see comments above.
10. Were monitoring wells properly constructed and located? Yes No N/A
If no, please explain: Monitoring well MW-4 is located inside the review boundary. Additional monitoring
wells will be needed once the NOV/groundwater investigation and site assessment are completed.
11. Are the monitoring well coordinates correct in BIMS? Yes No N/A
If no, please complete the following (expand table if necessary):
Monitoring Well Latitude Longitude
○ ′ ″ - ○ ′ ″
○ ′ ″ - ○ ′ ″
○ ′ ″ - ○ ′ ″
○ ′ ″ - ○ ′ ″
○ ′ ″ - ○ ′ ″
12. Has a review of all self-monitoring data been conducted (e.g., DMR, NDMR, NDAR, GW)? Yes or No
Please summarize any findings resulting from this review: A Notice of Violation (NOV-2022 – LV-0130) was
recently issued. Monitoring well MW-2 is located on a compliance boundary and is exceeding the
applicable groundwater standards for ammonia, iron, and manganese. Monitoring well MW-3 is on a
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FORM: WQROSSR 04-14 Page 4 of 7
review boundary and is exceeding the applicable groundwater standards for nitrate and manganese. The
NOV will require the permittee to investigate the cause(s) related to these groundwater violations.
Provide input to help the permit writer evaluate any requests for reduced monitoring, if applicable.
13. Are there any permit changes needed in order to address ongoing BIMS violations? Yes or No
If yes, please explain: A determination needs to be made as to when the surface disposal units were
originally permitted so that the correct regulatory boundaries can be established.
14. Check all that apply:
No compliance issues Current enforcement action(s) Currently under JOC
Notice(s) of violation Currently under SOC Currently under moratorium
Please explain and attach any documents that may help clarify answer/comments (i.e., NOV, NOD, etc.)
If the facility has had compliance problems during the permit cycle, please explain the status. Has the RO been
working with the Permittee? Is a solution underway or in place?
A notice of violation (NOV-2022 – LV-0130) was issued for groundwater violations. The permittee is also
aware they will be required to investigate/locate all surface disposal units. The ARO is recommending the
permittee submit a scope of work and establish a schedule to complete the investigation within 90 days of
the issuance of the permit.
Have all compliance dates/conditions in the existing permit been satisfied? Yes No N/A
If no, please explain:
15. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit?
Yes No N/A
If yes, please explain:
16. Possible toxic impacts to surface waters:
17. Pretreatment Program (POTWs only):

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FORM: WQROSSR 04-14 Page 5 of 7
IV. REGIONAL OFFICE RECOMMENDATIONS
1. Do you foresee any problems with issuance/renewal of this permit? Yes or No
If yes, please explain:
2. List any items that you would like the NPDES Unit or Non-Discharge Unit Central Office to obtain through an
additional information request:
Item Reason

3. List specific permit conditions recommended to be removed from the permit when issued:
Condition Reason

4. List specific special conditions or compliance schedules recommended to be included in the permit when issued:
Condition Reason
Establish scope of work
and schedule for
completion of a site
assessment of all surface
disposal units within 90
days of permit issuance
In October 2021, three previously unknown surface disposal units were
discovered. Subsequently, a review of the permit file revealed a site map and a
December 14, 2000 Division memo indicating the presence of at least six
additional surface disposal units not included on the current inventory. The
permittee should work directly with the Asheville Regional Office to establish a
scope of work and schedule to investigate/assess all surface disposal units.
Addition of barium, cobalt,
nitrite, phosphorus, and
TKN to list of groundwater
monitoring parameters
The ARO has split groundwater samples with the permittee in the past. The
Division’s samples often go beyond the permitted monitoring analytes in order
to look for emerging contaminates. These constituents were present on past split
sampling events.
Change permit to include a
500-foot compliance
boundary
A recent review of the permit file revealed the Corpening Creek Wastewater
Treatment Plant was originally permitted to operate a landfilling facility to
dispose of digested sludge on December 1, 1981. The original permit number
was 7013.
5. Recommendation: Hold, pending receipt and review of additional information by regional office
Hold, pending review of draft permit by regional office
Issue upon receipt of needed additional information
Issue
Deny (Please state reasons: )

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6. Signature of report preparer:

Signature of regional supervisor:
Date:

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3/4/2022
FORM: WQROSSR 04-14 Page 7 of 7

V. ADDITIONAL REGIONAL STAFF REVIEW ITEMS
Please note the following documents are attached to this staff report;
 December 14, 2000 Division of Water Quality Groundwater Section memo
 March 15, 2000 site map created by Division of Water Quality Groundwater Section
 Current site map created by the City of Marion
 February 4, 1983 cover letter for permit 7013R
 City of Marion NOV-2022-LV-0130

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March 3, 2022

CERTIFIED MAIL #7021 2720 0000 1254 5196
RETURN RECEIPT REQUESTED

J. Robert Boyette, City Manager
City of Marion
P.O. Drawer 700
Marion, NC 28752 0700

Subject: NOTICE OF VIOLATION AND INTENT TO ENFORCE
NOV-2022-LV-0130
Title 15A NCAC Subchapter 2L
Groundwater Quality Violations
Permit No. WQ0003698
City of Marion - Corpening Creek Wastewater Treatment Plant
Class B Residuals Surface Disposal Units
McDowell County

Dear Mr. Boyette:

The following Notice of Violation is being submitted to you based upon on a review of the
November 2021 groundwater monitoring report (GW59). This letter is to formally notify you of
violations of 15A NCAC 2L (Groundwater Quality Standards) and to advise you of what you are
required to do to correct these violations.

The following 2L violations include, but are not limited to the following:

Well No.

Date

Constituent

Concentration

NC Standard
or IMAC*

Class
Micrograms per liter (µg/l)

MW-2

11/30/2021

Iron

28,400

300

GA
MW-2

11/30/2021

Manganese

1,080

50

GA
MW-2

11/30/2021

Ammonia

6,000

1,500

GA
MW-3

11/30/2021

Manganese

132

50

GA
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J. Robert Boyette
March 3, 2022
Page 2 of 3

Well No.

Date

Constituent

Concentration

NC Standard
or IMAC*

Class
Micrograms per liter (µg/l)
MW-3 11/30/2021 Nitrate 12,100 10,000 GA
*IMAC- Interim Maximum Allowable Contaminant

The reported constituent concentrations exceed those standards for CLASS GA waters, established
in 15A NCAC 2L .0202. Due to these violations, you are required to take the following actions in
accordance with applicable provisions in 15A NCAC 2L .0106 (d):

(1) at or beyond a review boundary: the person shall demonstrate, through predictive
calculations or modeling, that natural site conditions, facility design and operational
controls will prevent a violation of standards at the compliance boundary. Alternately, the
person may submit a plan for alteration of existing site conditions, facility design, or
operational controls that will prevent a violation at the compliance boundary, and
implement that plan upon its approval by the Secretary.

(2) at or beyond a compliance boundary: the person shall respond in accordance with
Paragraph (f) of this Rule, assess the cause, significance and extent of the violation of
standards and submit the results of the investigation, and a plan and proposed schedule for
corrective action to the Secretary. The permittee shall implement the plan as approved by
and in accordance with a schedule established by the Secretary. In establishing a schedule,
the Secretary shall consider any schedule proposed by the permittee, the scope of the
project, the extent of contamination, and the corrective action being proposed.

Please note that the site assessment required by 15A NCAC 2L .0106(g), and conducted pursuant to
requirements of Paragraph (d) of this Rule, shall include the following:

1. The source and cause of contamination;

2. Any imminent hazards to public health and safety and actions taken to mitigate them in
accordance with Paragraph (f) of this Rule;

3. All receptors and significant exposure pathways;

4. The horizontal and vertical extent of soil and groundwater contamination and all
significant factors affecting contaminant transport; and

5. Geological and hydrogeological features influencing the movement, chemical, and
physical character of the contaminants.
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J. Robert Boyette
March 3, 2022
Page 3 of 3

This Office requests that you provide a response to this letter in writing no later than sixty (60) days
after receipt of this Notice. Your response should be sent to the Asheville Regional Office at the
letterhead address. In your response, please confirm the City of Marion’s intent to comply with the
above requirements by specifying the actions you plan to undertake to correct the violations and by
submitting a proposed schedule for accomplishing these actions. Failure to submit the required
reports or failure to expeditiously eliminate the contaminant source and restore groundwater
quality in the affected area may result in the recommendation of enforcement action. Division of
Water Resources staff are available to discuss an assessment approach consisting of phases and
that focus on those constituents detected in the above-referenced monitoring wells. Please note
additional waste boundary assessments may be required as a condition in your WQ0003698 permit
currently under review for issuance.

Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.

Fines may be imposed under NCGS 143-215.6A(a)(1) of not more than $25,000 per violation of any
classification, standard, limitation or management practice established pursuant to G.S. 143-214.1.
Additional action may include the issuance of a special order against you under the authority of G.S.
143-215.2, or a request to the Attorney General to institute an action for injunctive relief. If any
failure to act is continuous, penalties may be assessed not to exceed a maximum penalty of $25,000
per day per violation under NCGS 143-215.6A(b) so long as the violation continues.

We appreciate your attention and prompt response in this matter. If you have questions, please do
not hesitate to call Brett Laverty at [phone] or [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ec: ARO files
Brant Sikes – City of Marion Public Works Department
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