WQCS00021_DV-2022-0060_20220713

NORTH CAROLINA
July 13, 2022
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
RE: NOTICE OF VIOLATION & ASSESMENT OF CIVIL PENALTY
Tracking No.: DV-2022-0060
Sanitary Sewer Overflows January 2022
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Mr. Vinson,
On January 19, 2022 at 8:OOAM, the City became aware of an active sewer spill along the
Bloomery Swamp Outfall. The City promptly responded to the sewer spill and sealed the leaking
joints of a surcharged manhole to stop the leak by 2:00PM. At the time, the outfall was not passible
due to high water levels and further investigation into the cause of the surcharged manhole could
not be performed. Staff planned to re -visit the site the following day to further investigate.
Staff arrived back onsite on January 20, 2022 at 8:00AM. The water levels had receded enough to
notice a portion of 15-inch RCP had partially collapse downstream of the manhole that was
surcharging the day before. This collapse resulted in an additional spill of approximately 9,000
gallons. A temporary bypass pump was set up by 2:OOPM to divert all flow around the damaged
pipe.
The Bloomery Swamp Outfall had a previous spill (NOV-2021-DV-043) in August of 2021. At
the time, 347 linear feet of damaged RCP was replaced with PVC at a cost of $26,000.
Additionally, a second section of 426 linear feet of RCP was replaced with PVC as a preventative
measure at a cost of $22,000. Unfortunately, the new collapse was in a section that was not replaced
at that time.
The entire Bloomery Swamp outfall is set to be replaced as part of our capital improvement plan
within the next 12 to 24 months. The City submitted a CWSRF loan application in September of
2021 to assist with payment of the project. However, the City was notified on March 1, 2022 that
the project was not selected within that funding round. The City re -applied during the Spring
CWSRF funding round with a revised application with the help of HDR. The expected cost of the
project is approximately $6,400,000. We have received our sewer extension permits and are
waiting on funding to become available.
CITY OF WILSON
INCORPORATED 1M9
C.IT ENGI NEER I P.O.1108101 190011ERRING AV778711 W11.5011, NORTH CAROLINA 27891-0010 I TELEPHONE 252•399.21IS I FAGS 1,Ea5 ?-399.2453
EQUAM OPPORTUNITY EMPLOYER

Kyle F. Manning, PE
Civil Engineer
However, due to the apparent poor conditions of the remaining RCP between NC HWY 42 and
the "T" near the collapse on January 20, 2022 (see attached as -built), the decision was made to
move forward with the replacement and upsizing of approximately 2,120 linear feet of existing
15-inch pipe including the newly installed PVC and replacement of all existing manholes prior to
receiving funding through the SRF program.
The initial response costs on January 19, 2022 and January 20, 2022 was $17,311. This includes
labor and materials for setting up the initial bypass pump over the partially collapse pipe and repair
of the line.
The City purchased and set-up a second bypass pump to allow for continuous bypass of the entire
gravity section in question at a cost of $112,671. This cost includes the 2,100 linear feet of 8-inch
HDPE piping used for the bypass operation.
The City also purchased 2,200 linear feet of 24-inch PVC and eight manholes at a cost of $289,255.
Bids were received on February 28, 2022 for the installation of the new pipe and manholes. The
apparent low bid amount was $294,830 by Owens Construction. The contractor immediately
started construction once materials were received. The project was completed on June 30, 2022.
The City of Wilson believes a fine is not warranted for the above -mentioned violations. The City
took immediate action to stop the sewer spill and took further action to prevent additional spills
from occurring. As a result of both of these incidences and the previous spill in August, 2021, the
City has spent approximately $770,00.00. The City will be spending an additional $6,400,000 for
the replacement of the entire outfall line in the near future. Monies spent on a civil penalty would
only potentially delay the eventual replacement of the outfall, decrease money available for
continued system maintenance, and further increase existing budgetary constraints.
Please call me at [phone] if you have any further questions.
Sincerely,
i,,-1.(--„,--.--__-.,-.
(-------,, )
,,._._ _
cc: Grant W. Goings — City Manager
W. T. Bass IV, PE — Public Works Director

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WILSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Wilson
Wilson Collection System
PERMIT NO. WQCS0002I
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. pV 2022-0060
Having been assessed civil penalties totaling $286.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 14.2t122, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
ADDRESS
I rrt44_,A__
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TELEPHONE
20 2 2-
2-3r-247

Case Number: DV-2022-0060
Assessed Party: City of Wilson
Permit No.: WQCS0002I
JUSTIFICATION p QR REMISSION IREOUEST
County: Wilson
Amount Assessed: )286.5/
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearin& and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the Five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. 6 I43B-282.1(c), remission ofa civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S, 143B-282. I (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment documentj;
X (b) the violator promptly abated continuing environmental damage resulting from the violation (Le., explain the
steps that you took to correct the violation and prevent future occurrences):
(c) the violation was inadvertent or a result of an accident (Le.. explain why the violation was unavoidable or
something you could not prevent or prepare fork
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
ZRPLANATIION=
The spills occurred on January 19 and 20, 2022, were promptly cleaned up and
bypass pumps set-up to prevent any additional spills. The City of Wilson immediately
went to work to permanently fix the cause of the spills (older concrete pipes) by
replacing approximately 2,100 linear feet of pipe and eight manholes.. The work was
complete June 30, 2022.
The replacement of the pipe and manhole should minimize the potential of a sanitary
sewer overflow at this location due to pipe failures for the foreseeable future.
Attached is a letter with additional supporting information, a copy of the as -built
drawings, and a copy of the engineer's certification. The total cost of replacing the pipe
including the bypass pumping was approximately $700,000.

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Engineering
;)re.ur, Epp means), PLLC
Winer, Wietownt;:r, S.rveyfi7p,
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Oo'deaoto Strout Ent •.Pa Bnx I O • tti,llarr, NC 77f3314
TEL-152.237.535 • FAX [phone]
P!orri i1q Prajnut'.'..mn content WWW.GfltENENGINEEflINC,COM
June 8, 2022
NCDEQ
Water Quality Regional Operations Section
Raleigh Regional Office
3800 Barrett Drive
Raleigh, North Carolina 27609
Attention: Mr. Scott Vinson
Water Resources Regional Supervisor
SUBJECT: Engineer's Certification (Partial)
WQ0042692 - Upper Bloomery Swamp Sewer Improvements
City of Wilson, North Carolina
PN: 20-141
Dear Mr. Vinson:
Please find attached for your review the Engineer's Certification (Partial) for the Upper Bloomery Swamp
Sewer Improvements Project (WQ0042692). The portion of the project completed is as follows:
• 2,100 linear feet of 24-inch diameter SDR 35 gravity sanitary sewer pipe (Station 0+00 — 21+00).
• Seven (7) manholes.
You will note on the Certification Checklist that Question No. 2, "Have the as -built drawings been
signed, sealed, and dated by an N.C.PE7" has been checked NO. The As -built data is currently being
collected and the drawings will be complete early next week and will be hand delivered. The urgency in
providing this Certification is that the City of Wilson has an immediate need for the by-pass pumps that
are currently in operation on the subject project and as mentioned in the email earlier today the project is
complete with the lines and manholes having been tested (all passed), the mandrel testing has
been successfully completed and the lines have been televised (CCTV), reviewed and approved
by the City of Wilson. The line has not been placed into operation and the by-pass pumping is
still being performed by the City of Wilson. The only project component not yet installed arc three
(3) vent stacks and they are also being delivered to the site today with installation expected no later than
early to mid -next week.
Thank you for your consideration of this Engineer's Certification (Partial) and if you have any questions,
please do not hesitate to give me a call.
Respectfully,
E, Leo Green, III PE, PLS
W IWILSOgON1t0Me6PERAnTSISEWP.R PeaiAIYQQ012692 timid C ii1Ikioa • (Scat Mem )642O22.doe

OocuSign Envelope ID: ADGBBF7A-CDB8a540.DDBD-ADIB2FOO5B8B
MST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE: City of Wilson
PERMIT #: WQ0042692
PROJECT: City of Wilson Upper Bloomery Swamp Sewer Improvements
ISSUE DATE: August 17, 2021
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation. It
should be submitted in a manner that documents the Division's receipt. Send the required documentation
the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification raj( be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
?ERMITTEE's CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction Information to the Permittee, and the Permittee Is prepared to operate & maintain
the wastewater collection system permitted herein o onions thereof.
o •• Der ►or ?Gbli� is
Printed Name, Title SI _ nature
Date
[NGINEER'S CeRTIFICATI01(
I, Ed_ev 4 rem , as a clAr registered Pr f ssional En sneer in the State of North Carolina,
having been authorized to observe (111 periodically, weekly, U full time) the construction of the
project name and location as referenced above for the'above Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the following construction:
Jlonroximately 21.195 linear feet of 24-inch gravity sewer. approximately 365 linear feet of 15-inch
gravity sewer, and approximately 290 linear feet of &Inch gravity sewer. such that the construction was
observed to be built within substantial compliance of this permit; 15A NCAC 02T; the Division of Water
Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12,1996 as applicable;
the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials.
‘-1111111//0/
North Carolina Professional Engineer's Seal w/signature & date: cmst.si,G'. F;'D%— "?
= ; a SEAL
5 + 022594 :
mot+'• Glq•Q' \\�`•
%i�io RE.*\•��
Certification Commen Quail ers ( ttach if ecessary): e Yl y-
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tks -V44.i 4 "twist' csi.ul.ii ee.
❑ Final VPartial (Include description)
North Carolina Department of Environmental Quality 1 Division of water Resources
Raleigh Regional Office{ 1828 Mali Service Center, Raleigh, NC 27899.1828
Physical Address: 3800 Barrett Drive, Raleigh, NC 27809 919-791-4200

DocuSign Envelope ID: AD688F7A-CDB6-4640.8D8D-A13992F065888
CERTIFICATION CHECKLIST
To be completed by the certifying engineer prior to operation of the permitted sewers, per 15A NCAC 02T.0116.
Certifying Engineer: ' (—EC;
Certification Review Date: 3��"...k- $1 24 7'Z.
Project Name: e.4-1 catJl�ti!�ow% - Ap.W 6(0eswtN 330‘31() C+)[ Ir Itilot`404444.e146
WQ00 LIMA . Project County: 1/.-1 r1
1) Has permittee Information changed since the permit was Issued (or last modified): change of malting address,
change of ownership, transfer from developer to HOA/POA, etc. ❑ Yes IX No
• If yes, please provide either a change of ownership form or new contact information. Note that transfer of
permits from the developer to the HOA/POA must occur with the first certification.
2) Have the as -built drawings have been signed, sealed, and dated by an N.C. PE? ❑ Yes 14 No
3) Final Engineering certification? 0 Yes,No
• If Partial Engineering certification, provide detailed narrative including what Is being certified In the current
phase, what was previously certified (If applicable), and what Is left to be certified.
4) Adequate information related to sewer lines: Yes ❑ No ❑ N/A
• Three feet minimum cover has been provided for all sewers unless ferrous pipe was installed.
• Minimum diameters for gravity sewers are 8-inches for public lines and 6-Inches for private lines.
• Manholes have been installed: At the end of each line, at all changes in grade, size, or alignment, at all
intersections, and at distances not greater than 425 feet; minimum diameter shall be 4 feet (48-Inches).
5) Adequate information related to pump stations: ❑ Yes ❑ No ' N/A
• Ensure power reliability option was selected per 15A NCAC 02T.0305(h).
6) Was protect construction completed In accordance with ail of the following: Yes ❑ No 0 N/A
• 15A NCAC 02T, Minimum Design Criteria IMDC1 for the permitting of Gravity Sewers jlatest version), and MDC
for the Permitting of Pump Stations and Force Mains (latest version)?
If not, a variance approval Is required in accordance with 15A NCAC 02T,0105(bl, prior to certification and operation.
• Contact the Central Office to discuss the variance to determine a course of action.
• Applicant must submit two copies of the variance request form, plans, specifications, calculations, and any other
pertinent information to the Central Office (one hard copy, one digital copy).
• The central office will review the variance request, and if approvable, specific language regarding the variance
will be incorporated into the permit, either via a special condition or a supplementary letter. A copy of the
reissued permit with variance language or the variance letter must be maintained with the original documents.
7) Does the project contains high priority lines (15A NCAC 02T .0402(211? ❑ Yes No
No
• If yes, ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC
02T.0403 (a)(5). If the permit does not Include this language, the Fast Track reviewer will reissue the permit with
the appropriate language.
8) Are Permit modifications are required for any changes resulting In non-compliance with this permit (Including but not
limited to pipe length changes of 10% or greater, change In flow, pump station design capacity design change of 5% or
greater, and/or change in the number/type of connections)? 0 Yes �t No
• If yes, a permit modification request must be submitted to the appropriate Regional Office, and a modified
permit with revised_certificationmust be issued prior to certification and operation.
•
North Carolina Department of Environmental Qual.ty I Division of Water Resources
Raleigh Regional Offices 1628 Mali Service Center, Raleigh, NC 27699-1628
Physical Address: 3800 Barrett Drive, Raleigh. NC 27609 919 791-4200

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