NC0005312_compliance (DMR waiver request)_20221028

Via E-Mail
October 28, 2022
North Carolina Department of Environmental Quality
Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Attn: Mr. Douglas Dowden
Re: Permit Parameters Waiver Request
Elkin Mill WWTP
304 East Main Street
Elkin, Surry County, NC
NPDES Permit No. NC0005312
H&H Job No. VCP-002
Dear Mr. Dowden:
1.0 Introduction
hart '1%. hickman
SMARTER ENVIRONMENTAL SOLUTIONS
On behalf of Duvaltex US, Inc (Duvaltex), Hart & Hickman, PC (H&H) is submitting this letter
report to request that NPDES Permit No. NC0005312 (NPDES Permit) be set to an inactive status
and that certain parameters of the NPDES Permit be waived for the Elkin Mill wastewater
treatment plant (WWTP) located at 304 East Main Street in Elkin, Surry County, North Carolina.
A Site Location Map is provided as Figure 1 and a Site Map showing the WWTP layout is provided
as Figure 2.
Duvaltex formerly leased a textile manufacturing facility and WWTP in Elkin, NC. The textile
manufacturing facility ceased operations in 2019 and no longer leases the properties. However,
Duvaltex has continued to operate the WWTP to satisfy the permit parameters. The facility
previously finished woven upholstery fabric from primarily manmade and some natural fibers.
Previous operations included fabric finishing, yarn extrusion, and limited weaving for sample
2923 South Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007 main
3921 Sunset Ridge Rd , Suite 301
Raleigh, NC 27607
919.847.4241 main
www.harthickman.com

Mr. Douglas Dowden
October 28, 2022
Page 2
#C1269 - Engineering
#245 - Geology
fabrics. Influent to the WWTP historically consisted of wastewater produced by manufacturing
operations and sanitary sewer from the manufacturing facility. The WWTP components related
to water discharge include:
• Equalization (EQ) basin;
• Aeration basin;
• Dual clarifiers;
• Chlorine contact chamber; and
• Post -chlorination aeration tank.
The current NPDES permit NC0005312 was reissued on February 5, 2018 to reflect the transfer
of the permit to Duvaltex from True Elkin, Inc. Duvaltex submitted a Permit Renewal Application
dated June 11, 2018. A permit renewal receipt letter dated June 19, 2018 was issued by the North
Carolina Department of Environmental Quality Division of Water Resources (DWR) stating that
the permit renewal application was received and that Duvaltex should continue to operate under
the existing permit until a new permit is issued.
On May 30, 2019, Duvaltex ceased production at the facility, which eliminated the process
wastewater discharges to the WWTP. By letter dated December 4, 2019, Duvaltex tendered the
WWTP to its owner (i.e., James A Ovenden, Trustee of CMI Industries, Inc.) pursuant to the lease
between the Trustee and True Textiles, Inc. dated June 15, 2007, as amended May 22, 2013. The
Trustee refuses to take back the WWTP and operate or close the WWTP. As result of that refusal,
Duvaltex has been forced to undertake and/or coordinate work to reduce flow to the WWTP. Since
2019, sanitary sewer from Mill property buildings that would continue to be used were connected
to the Yadkin Valley Sewer Authority (YVSA) sanitary sewer system. In addition, the current
owner of the Mill property continues to work to eliminate further discharge through repairs to
various stormwater conveyances pursuant to the governing Brownfields Agreement. Mill property
stormwater system repairs have reduced the flow of stormwater infiltrating process sewer piping
and flowing to the WWTP. Currently, the influent flow has reduced; however, it currently appears
11
hart hickman
https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/DuvalTex (VCP-002)/WWTP Closure Evaluation/Permit 11W-
Waiver Request Letter/202210 Revision/NC0005312_ Waiver _ Request_ 20221028_FINAL.docx
SMARTER ENVIRONMENTAL SOLUTIONS

Mr. Douglas Dowden
October 28, 2022
Page 3
#C1269 - Engineering
#245 - Geology
that some stormwater and groundwater infiltrate process sewer piping and flow to the WWTP
during heavy rainfall events. The influent pumps that pump to the EQ basin remain active;
however, the float switch has been raised within the sump to only activate during periods of heavy
rainfall to prevent an overflow of the adjacent manhole. As of October 19, 2022, Duvaltex has
dewatered the WWTP structures to the extent practical and discharged through the permitted
outfall. Ms. Jenny Graznak and Mr. Lon Snider of the North Carolina Department of
Environmental Quality (DEQ) visited the WWTP on October 20, 2022 and concurred that
sufficient freeboard exists within the WWTP to prevent a discharge and that the NPDES permit
could be placed in an inactive status. As part of placing the NPDES permit in an inactive status,
Duvaltex is requesting to waive certain parameters of the NPDES permit, which are discussed in
Section 2.0 below.
2.0 Permit Parameters Waiver
Duvaltex is requesting a waiver of the following permit parameters:
1. Certified Operator Visitation — Under the current permit, a Grade 4 Operator in
Responsible Charge (ORC) is to visit the facility at least 5 days a week and manage and
document daily operation and maintenance of the facility. Currently, Duvaltex employs a
Grade 4 ORC at the WWTP. The full-time employment of a Grade 4 ORC to operate an
inactive WWTP is a significant and unnecessary financial burden. As part of this request
to place the NPDES permit into inactive status, Duvaltex requests that the ORC visitation
requirement under the permit be waived.
2. Electronic Reporting of Discharge Monitoring Reports — Under the current permit,
Discharge Monitoring Reports (DMRs) are to be submitted monthly through the DWR's
Electronic Discharge Monitoring Report internet application. As described in Section 3.0,
a monitoring program will be implemented to ensure no discharge will occur from the
https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/DuvalTex (VCP-002)/WWTP Closure Evaluation/Permit
Waiver Request Letter/202210 Revision/NC0005312_ Waiver _ Request_ 20221028_FINAL.docx
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS

Mr. Douglas Dowden
October 28, 2022
Page 4
#C1269 - Engineering
#245 - Geology
WWTP while in inactive status. Therefore, monthly submittals of DMRs indicating no
flow is unnecessary and Duvaltex requests a waiver of DMR submittals.
3.0 Proposed Monitoring Program
Following approval of this waiver request, Duvaltex will implement a monitoring program to
monitor the accumulation of rainwater within the WWTP and ensure no overflow or inadvertent
discharge through Outfall 001 will occur. Monitoring activities will include measuring depth to
ponded rainwater in each WWTP structure and documenting the condition of each WWTP
structure.
An environmental or wastewater consulting firm will be contracted to complete monitoring
activities. Monitoring will occur monthly to establish WWTP accumulation patterns. Should a
large rainfall event occur (greater than 1 inch), the contractor will be dispatched to evaluate
conditions at the WWTP. Following six months of monitoring and determination of the correlation
between rainfall and WWTP structure water levels, the rainfall action level and site visit frequency
may be adjusted.
The contractor will record the water levels in each WWTP structure in relation to its overflow
outlet, record rainfall accumulation for the area based on a local weather station (National Weather
Service Station 312740 or similar), and take photographs of the WWTP structures. Should the
water level in the WWTP rise to a level that could potentially cause a discharge, the water will be
pumped to the EQ basin. If the EQ basin does not have sufficient capacity, the water will be
removed for proper off -site disposal by a waste contractor.
https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/DuvalTex (VCP-002)/WWTP Closure Evaluation/Permit
Waiver Request Letter/202210 Revision/NC0005312_ Waiver _ Request_ 20221028_FINAL.docx
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS

Mr. Douglas Dowden
October 28, 2022
Page 5
#C1269 - Engineering
#245 - Geology
If you have any questions or require additional information, please do not hesitate to contact me
at [phone].
Sincerely,
Hart & Hickman, PC
Gregory Kanellis, PE
Project Manager
cc:
Attachments
Sergei Chernikov, DEQ (via email)
Jenny Graznak, DEQ (via email)
Lon Snider, DEQ (via email)
Peter Paine, Duvaltex (via email)
Amy Conner, Duvaltex (via email)
Alex Elkan, Counsel for Duvaltex (via email)
Daniel Smith, Counsel for Duvaltex (via email)
https://harthick.sharepoint.com/sites/MasterFiles-1/Shared Documents/AAA-Master Projects/DuvalTex (VCP-002)/WWTP Closure Evaluation/Permit
Waiver Request Letter/202210 Revision/NC0005312_ Waiver _ Request_ 20221028_FINAL.docx
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS

Figure 1
Site Location Map

0
APPROXIMATE
2000 4000 SITE LOCATION MAP
TITLE
SCALE IN FEET PROJECT
U.S.G.S. QUADRANGLE MAP
ELKIN SOUTH, NORTH CAROLINA, 1996
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
DUVALTEX (US), INC. ELKIN FACILITY
304 EAST MAIN STREET
ELKIN, NORTH CAROLINA
li
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS
2923 South Tryon Street -Suite 100
Charlotte, North Carolina 28203
704-586-0007 (p) 704-586-0373 (f)
DATE: 5-12-22 REVISION NO: 0
JOB NO: VCP-002 FIGURE NO: 1

Figure 2
Site Map

FIG 2, 5/12/2022 2:2
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EAST i •..' ,Y.:••..•,,..
YApyUN RIVER
CLARIFIERS
OUTFALL 001
WWTP FEATURE -
CHLORINE CONTACT CHAMBER
AND POST -AERATION CHAMBER
DRYING BEDS
0
LEGEND
SITE PROPERTY BOUNDARY
PARCEL LINE
PROCESS SEWER LINE
APPROXIMATE
120
240
SCALE IN FEET
SITE MAP
'''°JE`T DUVALTEX (US), INC. ELKIN FACILITY
304 EAST MAIN STREET
ELKIN, NORTH CAROLINA
hart hickman
SMARTER ENVIRONMENTAL SOLUTIONS
2923 South Tryon Street -Suite 100
Charlotte, North Carolina 28203
704-586-0007(p)704-586-0373(f)
License # C-1269 / #C-245 Geology
REVISION NO. 0
FIGURE NO. 2