WQ0015487_Legal Counsel Response Letter_20160825

JOHN S.STEVENS
MARC RUDOW*
WILLIAM CLARKE
VINCENT D. CHILDRESS. JR.
MARJORIE RGWE MANN*
GREGORY D. HUTCHINS
JACKSON O. HAMILTON
WYATT S. STEVENS
MARK C. KURDY5*
JACQUELINE D. GRANT
DAVID L. ENGLISH
F. LACHICOTTE I"LACH"I ZEMP, JR.
KENNETH R. HUNT
DENNIS L. MARTIN, JR.
REBECCA J. REINHARDT
ORC CERTIFIED MEDIATOR
ROBERTS
STEVENS
ATTORNEYS AT LAW
CITY CENTRE BUILDING
301 COLLEGE STREET, SUITE 400 2BSO1
POST OFFICE BOX 7647
ASHEVILLE, NORTH CAROLINA 28802
TELEPHONE (82812S2-6600
FACSIMILE 1B281 258-6955
ww W roberts-sieve ns.Dom
Writer's Direct Phone: [phone]
Writer's Direct Fax: [phone]
Writer's E-mail: [e-mail]
August 25, 2016
Water nji Int`r Re4ional Opera4ions
n-
__,,,, P.AHILL IP T. J HORNTHAL
JAMS P T. K. WILD N
JAMEB W. K. ROBINSONE
MARY A. 1N8
JOHN D. MOOR
V. MORGAN BRYANT
JILLIAN W. BALLARD
ERIC P. EDGERTON
JOHN W.TOTH
OF COUNSEL
JAMES W. WILLIAMS
SHERYL H. WILLIAMS
LANDON ROBERTS
I1921-2007I
Ms. Beverly Price Via E-mail: [e-mail]
Water Resources — Water Quality Regional Operations & USPS
2090 US Hwy 70
Swannanoa, NC 2877$
Re. Powell Industries, Inc. /Incident # 201601034 /Permit # WQ015487/Haywood
County
Dear Ms. Price:
This firm represents Powell Industries, Inc. ("Powell Industries"). On behalf of Powell
Industries, I am responding to the Notice of Violation Letter ("NOV") from Landon Davidson
dated June 28, 2016. Powell Industries appreciates your extending the time to respond to August
31, 2016.
Since receiving the NOV, Powell Industries has taken the following steps:
• Powell Industries is no longer using water to cool hydraulic pipes in its chipping
operation. A system of fans to cool the pipes has been installed and is operational. The
cost of purchasing and installing the fans was approximately $20,000.00.
• Powell is spraying logs on the wet deck with water from the recycle pond.
• Powell Industries is not using any outside water for its chipping operation. All process
water is captured in the recycle pond and then pumped back to the chip mill for reuse in
the chipping operation. Pumps and piping were installed to make this change at a cost of
approximately $14,000.00.
• The increased use of water from the recycle pond has eliminated the need to transfer any
water from the recycle pond to Pond # 2.
• Weekly freeboard levels in the recycle pond and in Pond # 2 are being maintained.
Copies of the records are enclosed.
R&S 16854881

Powell Industries has never intentionally discharged any water from Pond # 2 to Jonathan
Creek. There is no apparent hydraulic connection between the pond and Jonathan Creek.
Representatives of Powell Industries have made extensive investigation of any possible
connection between Pond 2 and Jonathan Creek. I believe DEQ has done an investigation as
well. Powell Industries would appreciate any report of that investigation if there is one. As you
are aware, there is no discharge (other than overflow) from Pond 2, and there is no pipe or other
outlet connecting the pond to Jonathan Creek or to any pipe leading to Jonathan Creek. Based on
freeboard levels in Pond # 2 since July, 2016, it does not appear that water is being discharged
from the pond other than through natural evaporation.
I believe this covers the points raised in your letter. Please let me know if you have
questions. Representatives of Powell Industries are available to meet with you to discuss the
response and the operation of the facility.
BC/sh
Enclosures
cc: Carl Powell, Powell Industries, Inc.
Sincerely,
ROBERTS & STEVENS, P.A.
William Clarke
R&S 1685488_1

Powell Industries, Inc.
2016 Weekly Freeboard Levels
Pond 1 (Recycle Pond)
5/16
0.0
5/19
-1.5
5/23
1.0
5/30
0.5
6/06
0.0
6/13
0.0
6/20
-0.5
6/27
0.0
7/04
0.0
7/11
0.5
7/18
-0.5
7/25
0.0
8/01
-1.0
8/08
1.5
8/15
0.5
8/22
0.5
Pond 2
7/14
2.0
7/18
2.0
7/25
2.0
8/01
2.0
8/08
3.5
8/15
3.0
8/22
3.0
R&S 1685685_1