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NC0024244_SOC (application)_20220401
March 31, 2022 Mr. Corey Basinger NCDEQ-Division of Water Resources 610 East Center Avenue Suite 301 Mooresville, NC 28115 RE: City of Albemarle Public Utilities City of Albemarle Sewer Collection System NPDES Permit No. NC0024244 Special Order by Consent (SOC) — Revised Application Dear Mr. Basinger: RECEIVED/NCDEQ/DWI APR I2022 MOORESVILWOROS LE REGIONAL OFFICE On behalf of the City of Albemarle and the City of Albemarle Public Utilities the following and attached documents shall constitute the revised Application for the Special Order by Consent (SOC) for the above referenced Collection System (Permit # WQCS00016) owned and operated by the City of Albemarle. The following items are included in this transmittal: 1. Revised Application for SOC 2. Processing Fee ($400.00) Should you have any questions or need any additional information please feel free to contact me or Adam Kiker, PE at (910) 420-1437 or the following emails: sara@LKCengineering.com or adam@LKCengineering.com. Sincerely, LKC Engineering, PLLC Sara Mirek, E.I. LKC Engineering, PLLC, 140 Aqua Shed Court, Aberdeen, North Carolina 28315 PH: 910/420-1437 * FAX: 910/637-0096 * License No. P-1095 AD-1 RECEIVED/NCDEQ/DWR APR ®1 2022 WQR©S MO©RESVILLE REGIONAL OFFICE STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES APPLICATION FOR A MODIFICATION TO EXISTING SCHEDULED DATES OF SPECIAL ORDER BY CONSENT — EMC SOC WQ S19-007 I. PERMIT RELATED INFORMATION: 1. Applicant (corporation, individual, or other): City of Albemarle 2. Print or Type Owner's or Signing Official's Name and Title: Michael Ferris, City Manager 3. Facility Name (as shown on Permit): 4. Owner Phone: 704-984-9609 (or) Long Creek Wastewater Treatment Plant 5. Owner Email: dworl@ci.albemarle.nc.us 4. Application Date: March 30, 2022 5. NPDES Permit No. (if applicable): NC0024244 6. Name of the specific wastewater treatment facility (if different from 1.3. above): II. PRE -APPLICATION MEETING: Prior to submitting this completed application form, applicants must meet with the appropriate regional office staff to discuss whether or not an SOC is appropriate for this situation. Please note the date this meeting occurred and who represented the permittee: Representative: Judy Redwine (retired) Date: August 19, 2019 III. ADDITIONAL FLOW OR FLOW REALLOCATION: In accordance with NCGS 143-215.67(b), only facilities owned by a unit of govermnent may request additional flow. Additional flow may be allowed under an SOC only in specific circumstances. These circumstances may include eliminating discharges that are not compliant with an NPDES or Non -discharge permit. These circumstances do not include failure to perform proper maintenance of treatment systems, collection systems or disposal systems. When requesting additional flow, the facility must include its justification and supporting documentation. If the requested additional flow is non -domestic, the facility must be able to demonstrate the ability to effectively treat the waste and dispose of residuals. The applicant must provide a detailed analysis of the constituents in the proposed non -domestic wastewater. The total domestic additional flow requested: NA gallons per day. The total non -domestic additional flow requested: NA gallons per day. The total additional flow (sun of the above): NA gallons per day. Please attach a detailed description or project listing of the proposed allocation for additional flow, with an explanation of how flow quantities were estimated. Further, any additional flow requested must be justified by a complete analysis, by the perrnittee, that additional flow will not adversely impact wastewater collection/treatment facilities or surface waters. IV. NECESSITY NARRATIVE: Please attach a narrative providing a detailed explanation of the circumstances regarding the necessity of the proposed SOC. Include the following issues: • Existing and/or unavoidable future violations(s) of perrnit conditions or limits(s), • The existing treatment process and any process modifications that have been made to date to ensure optimum performance of existing facilities, • Collection system rehabilitation work completed or scheduled (including dates), • Coordination with industrial users regarding their discharges or pretreatment facilities. Identify any non -compliant significant industrial users and measure(s) proposed or already taken to bring the pretreatment facilities back into compliance. If any industrial facilities are currently under consent agreements, please attach these agreements, • Date and outcome of last Industrial Waste Survey, • Whether or not the facility is acting as a regional facility receiving wastewater from other municipalities having independent pretreatment programs. V. CERTIFICATION: The applicant must submit a report prepared by an independent professional with expertise in wastewater treatment. This report must address the following: • An evaluation of existing treatment units, operational procedures and recommendations as to how the efficiencies of these facilities can be maximized. The person in charge of such evaluation must sign this document. • A certification that these facilities could not be operated in a manner that would achieve compliance with final permit limits. The person making such determination must sign this certification. • The effluent limits that the facility could be expected to meet if operated at their maximum efficiency during the term of the requested SOC (be sure to consider interim construction phases). • Any other actions taken to correct problems prior to requesting the SOC. 2 VI. PREDICTED COMPLIANCE SCHEDULE: The applicant must submit a detailed listing of activities along with time frames that are necessary to bring the facility into compliance. This schedule should include milestone dates for beginning construction, ending construction, and achieving final compliance at a minimum. In determining the milestone dates, the following should be considered: • Time for submitting plans, specifications and appropriate engineering reports to DWR for review and approval. • Occurrence of major construction activities that are likely to affect facility performance (units out of service, diversion of flows, etc.) to include a plan of action to minimize impacts to surface waters. • Infiltration/Inflow work, if necessary. • Industrial users achieving compliance with their pretreatment permits if applicable. • Toxicity Reduction Evaluations (TRE), if necessary. Proposed Compliance Schedule for Collection System Permit WOCS00016: We are requesting modifications to the following scheduled activity dates: • Begin construction and execute construction contract for Phase 3: Plans and contract documents were submitted to NCDEQ in early February and we are awaiting comrnents or approval prior to proceeding to bidding and procurement phase. We are seeking an extension of five months to complete this activity, from March 31, 2022 to August 31, 2022. Additional information regarding project scope is included in the Engineering Narrative. • Complete construction on Phase 3: We estimate that construction will take approximately ten months to complete with construction beginning in September of 2022. We are seeking an extension of five months to complete this activity, from March 31, 2022 to August 31, 2023. • The final two items are adjusted accordingly based on the above discussion. 3 Scheduled Activity Original Due Date in Executed SOC Proposed Due Date Submit Quarterly Progress Reports (see details in paragraph 2(b) below.) Beginning October 15, 2020 Ongoing For Collection System Permit WQCS00016: Complete Sanitary Sewer Rehab, Phase 1 December 31, 2019 Met Begin construction on Sanitary Sewer Rehab, Phase 2 July 31, 2019 Met Apply for funding for Sanitary Sewer Rehab, Phase 3 September 30, 2019 Met Receive Letter of Intent to Fund for Phase 3 March 31, 2020 Met Submit finished plans and specifications for review for Phase 3 September 30, 2021 Met Complete construction on Phase 2 November 30, 2020 Met Begin Construction and execute construction contract for Phase 3 March 31, 2022 August 31, 2022 Complete construction on Phase 3 March 31, 2023 June 30, 2023 Review infrastructure improvements for maintaining compliance September 30, 2023 November 30, 2023 Attain Compliance with the Collection System Permit September 30, 2023 November 30, 2023 Proposed Compliance Schedule for NPDES Permit NC0024244: The City of Albemarle applied for and received funding from the CWSRF to complete upgrades at the Long Creek WWTP under CWSRF Project No. CS370522-08. The City received the Letter of Intent to Fund on March 1, 2021 in the amount of $16,453,200. The original Engineering Report and Environmental Information Document was submitted to NCDEQ in August of 2021. The City is hopeful to receive approval of the document by May 1, 2022. The scope of the Long Creek WWTP Treatment Process Rehab, CWSRF Project No. CS370522- 08 includes comprehensive rehabilitation to the Long Creek WWTP including all items presented in Attachment B of the original SOC. This project is significant in scope and it was conceived to address both the known deficiencies that contributed to the SOC and other operational challenges the plant experiences. The original due dates for scheduled activities to be completed at Long Creek WWTP were set prior to the City seeking CWSRF funding for process rehabilitation. Pending ER/EID approval in a timely fashion, the City is requesting modifications to the following scheduled activity dates: ® Begin implementation or construction of WWTP improvements items in Attachment B. The City is seeking a significant extension to complete this activity, from March 31, 2022 to July 31, 2024. Items that are included in this schedule activity are the following: bid 4 and design package submittal, approval of bid and design package, advertisement, and receipt of Authority to Award. • Complete construction of all WWTP improvements. We are seeking a proposed due date of February 28, 2026 from the original due date of September 30, 2023. • Attain compliance with NPDES permit limits. We are seeking a proposed due date of May 31, 2026 from the original due date of September 30, 2023. Scheduled Activity Original Due Date Proposed Due Date Submit Quarterly Progress Reports (see details in paragraph 2(b) below.) Beginning October 15, 2020 Ongoing For NPDES Permit NC0024244: Begin implementation or construction of WWTP improvements items in Attachment B. March 31, 2022 July 31, 2024 Complete construction of all WWTP improvements September 30, 2023 February 28, 2026 Attain Compliance with NPDES permit limits September 30, 2023 May 31, 2026 VII. FUNDING SOURCES IDENTIFICATION: Funding Source Identification: Collection System Permit WOCS00016 In the fall of 2019, the City applied and received funding for the Sanitary Sewer Rehabilitation, Phase 3 project (CWSRF No. CS370522-07). This project will replace the next -oldest, larger -diameter outfalls in the City's system, consisting of 24" and 18" gravity sewer on the western and eastern side of the system. The original scope of the project included upgrades to years 2 and 3 of the electrical upgrades at Long Creek WWTP; however, this portion of the project was removed and replaced with additional repairs to larger diameter gravity sewer lines along Poplin Creek which handles the central and eastern portions of the City. The scope of the gravity sewer rehabilitation project nearly doubled in size due to this change in scope. The City received a CWSRF loan in the amount of $6,156,000 and the City's intention is to spend this entire amount on sewer rehabilitation. NPDES Permit NC0024244 The City of Albemarle applied for and received funding from the CWSRF to complete upgrades at the Long Creek WWTP under CWSRF Project No. CS370522-08. The City received the Letter of Intent to Fund on March 1, 2021 in the amount of $16,453,200. This project includes all items described in Attachment B of the original SOC. THE DIVISION OF WATER RESOURCES WILL NOT ACCEPT THIS APPLICATION PACKAGE UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL. 5 Required Items: a. One original and two copies of the completed and appropriately executed application form, along with all required attachments. ® If the SOC is for a City / Town, the person signing the SOC must be a ranking elected official or other duly authorized employee. ® If the SOC is for a Corporation / Company / Industry / Other, the person signing the SOC must be a principal executive officer of at least the level of vice- president, or his duly authorized representative. O If the SOC is for a School District, the person signing the SOC must be the Superintendent of Schools or other duly authorized employee. Note: Reference to signatory requirements in SOCs may be found in the North Carolina Administrative Code [T15A NCAC 2H .1206(a)(3)]. b. The non-refundable Special Order by Consent (SOC) processing fee of $400.00. A check must be made payable to The Department of Envirorunent and Natural Resources. c. An evaluation report prepared by an independent consultant with expertise in wastewater. (in triplicate) 6 APPLICANT'S CERTIFICATION: (NO MODIFICATION TO THIS CERTIFICATION IS ACCEPTABLE) I, Michael Ferris , attest this application for a Special Order by Consent (SOC) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand if all required parts of this application are not completed and if all required supporting information and attachments are not included, this application package may be returned as incomplete. (Please be advised that the return of this application does not prevent DWR from collecting all outstanding penalties upon request). Furthermore, I attest by my signature that I fully understand that an upfront penalty, which may satisfy as a full settlement of outstanding violations, may be imposed. {Note: Reference to upfront penalties in Special Orders by Consent may be found in the North Carolina Administrative Code [T15A NCAC 2H .1206(c)(3)].} Signature of Signing Official Michael Ferris, City Manager Printed Name of Signing Official THE COMPLETED APPLICATION PACKAGE, INCLUDING THE ORIGINAL AND TWO COPIES OF ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER RESOURCES POINT SOURCE BRANCH 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 IF THIS APPLICATION IS FOR A NON -DISCHARGE SYSTEM, THEN SEND TO: NORTH CAROLINA DIVISION OF WATER QUALITY AQUIFER PROTECTION SECTION 1636 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1636 7