WQ0015487_Legal Counsel Response Letter_20170117

ROBERTS
STEVENS
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January 17, 2017
David Goodrich, PG Via E-mail:
[e-mail]
NC DEQ — Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
Re: Powell Industries/Suncrest Chip Mill
Application No. WQ0015487
Closed -Loop Recycle System
Haywood County
Dear Mr. Goodrich:
This firm represents Powell Industries, Inc. ('Powell Industries")
the operator of the
Suncrest Chip Mill in Haywood County. Thank you for speaking with me on January 13, 2017.
I am writing to follow up on and confirm our discussion. As background, I will review some of
the history of the matter and the most recent correspondence.
Powell Industries applied to renew the Closed -Loop Recycle System permit for its
Suncrest Mill in December,2015. In November, 2016, Powell Industries received a letter from
the Division of Water Resources. The letter, a copy of which is attached, asked for additional
information. The letter included multiple scenarios and asked Powell Industries to select one.
Powell Industries wrote to the Division of Water Resources on November 29, 2016. In the letter,
Powell Industries selected Scenario B — The Closed -Loop Recycle System Permit would be
rescinded and the NPDES Stormwater Permit would remain active. Powell Industries
selected Scenario B based on the understanding that it would have to demonstrate compliance
with the terms and conditions of general stormwater permit NCG2100000 and that Powell would
have to sample and evaluate the water in the ponds and take appropriate action before the
Closed -Loop Recycle Permit system could be rescinded. I
Powell Industries received on January 11, 2107, a letter from DWR which appears to
immediately rescind the Closed -Loop Recycle System Permit. In my conversation with you, we
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agreed that the rescission would not take effect until Powell Industries has sampled the water in
the ponds, the Asheville Regional Office has evaluated the results, and Powell Industries has
taken appropriate action to address any surface or groundwater risks.
Powell Industries will work with the Asheville Regional Office of the Division of Water
Resources on the sampling and analysis of the water in the ponds. The Closed -Loop Recycle
System Permit will remain in effect pending the sampling, analysis and evaluation.
Please let me know if you have questions, or if you need additional information.
Sincerely,
ROBERTS & STEVENS, P.A.
(Lom",
BC/sh William Clarke
Enclosure
cc: Carl Powell (w/ encl.; via e-mail: dsz577®gmail.com)
Beverly Price, Asheville Regional Office (w/ encl.; via e-mail: [e-mail])
R&S 1761564_1