NCC000001_Discovery Request 2005_20050415

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STATE OF NORTH CAROLINA IN TIlE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF WAKE 05 ERR 0308 •
Dean.Naujoks,Upper Neuse Riverkeeper, )
Lacy Baldwin,LowerNeuse Riverkeeper, )
Neese River Foundation,Inc. )
Petitioners, )
PETITIONERS' FIRST
v. ) DISCOVERY REQUESTS
) TO RESPONDENT
• North Carolina Division of Water Quality )
Respondent.
Pursuant to Rules 33 and 34 of the North Carolina Rules of Civil Procedure,and
Rule_0112 of the Rules of the Office of Administrative Hearings,Dean Naujoks,Upper
Neuse Riverkeeper,Larry Baldwin,Lower Neuse Riverkeeper,and Neuse River
• . Foundation,Inc. ("petitioners")serve the following discoveryrequests upon the Carolina
• . .Division of Water Qnaty("Respondent").
. INSTRUCTIONS •
With respect to each request for admission,production,or interrogatory,if
Respondent refuses to answer any request in whole or in part,please state the grounds for
such refusal,including any claim of privilege or other claim of immunity from disclosure
in sufficient detail to permit the Court to adjudicate the validity of the refusal. In
addition,identify each document and oral communication for which such privilege is
claimed_
DEFINITION
The tern."document"includes all written,printed,recorded,or electronic
materials, communications,correspondence,memoranda,notations,'copies,diagrams,

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charts,tables,spreadsheets, formulas, directives,observations,impressions,contracts,
letters, messages,and mail in the possession or control of the North Carolina Department
of Environment and Natural Resources and the Division of Water Quality,however •
produced or reproduced.
REQUESTS FOR ADMISSIONS
1. Please admit that the modification of/Cense River Compliance Association Permit
No.NCC000001 by DWQ is no4"a modification of the monitoring program contained in
the permit"pursuant to N.C.Admin. Code tit. 15A,r.0211.0114(1)(2005).
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2. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 by DWQ is not,"a name change or change in the ownership of the
discharge"pursuant to N.C.Admin.Code fit. 15A,r.0211.0114(2) (2005).
3. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 by DWQ.is not"a single modification of any compliance schedule not
in excess of four months"pursuant to N.C. Admin. Code tit. 15A,r.021-1.0114(3)(2005).
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4. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 by DWQ is not"a modification of compliance schedules(construction
schedule)in permits for a new source"pursuant to N.C.Admin. Code til 15A,
T.02110114(4)(2005).
5: Please admit that the modification of Neuse River Compliance Association Permit
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• No.NCC0000o1 by DWQ is not"a modification to include or amend pretreatment
• , program requirements"pursuant,to N.C.Admin. Code tit. 15A,.r.0211.0114(5) (2005),
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6. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 by DWQ is not"an issuance of a permit revoked for failure to pay the
annual administering and compliance monitoring fee"pursuant to N.C.Admin.Code tit.
15A,r.0214.0114(6)(2005).
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7. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 DWQ is not"a modification determined to be minor,such as
•- typographical errors,incorrect maps or similar minor changes"pursuant to N.C.Admin.
Code tit. I5A,r.02H.0114(7)(2005).
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8. Please adroit that the modification of Neuse River Compliance Association•Permit
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No.NCC000001 by DWQ is npi a modification to"correct typographical errors"
pursuant to 40 C.F.k. 122.63. •
9. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 by DWQ is not to"require more frequent monitoring or reporting by
the"Neuse River Compliance'Association pursuant to 40 C.F.R. 122.63.
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10. Please admit that the modification of Neuse River Compliance Association Permit
No_NCC000001 by DWQ is not to"change an interim compliance date in a schedule of
compliance"pursuant to 40 C.F.R. 122.63.
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11. Please admit that the modification of Nense River Compliance Association Permit
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• No.NCC000001 by DWQ is not"to allow for a change in ownership or operational
control of a facility where the Director[of the Division of Water Quality] determines that
no other change in the permit is necessary"pursuant to 40 C.F.R. 122.63.
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12. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 by DWQ is leo "to change the construction schedule for a discharger
which is a new source"pursuant to 40 C.F.R. 122.63.
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13. Please admit that the modification ofNeuse River Compliance Association Permit
No.NCC000001 by DWQ is p"to delete a point source outfall when the discharge
from that outfall is terminated"pursuant to 40 C.F.R. 122.63.
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.• 14. Please admit that the modification of Neuse River Compliance Association Permit
.No.NCC000001 by DWQ is not"to incorporate conditions of a POTW pretreatment
program"pursuant to 40 C.F.R. 122.63.
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15. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 increases NC MD-IS-Town of Butner WWIP's estuary total nitrogen
allocation by 6,113 pounds of total nitrogen per year.
16. Please admit that Neuse River Compliance Association Permit No.NCC000001
lists NC DHHS-Town of Butner WWTP with a 10%transport factor.
17. PIease admit that a facility's discharge allocation is equivalent to its estuary
allocation divided by its assigned transport factor.
18. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 increases NC DHE1S-Town of Butner WWTP's discharge allocation by
61,130 pounds of total nitrogen per year.
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19. Please admit that the modification of Neuse River Compliance Association Permit
No.NCC000001 will allow NC DMHS-Town of Butner WWTP Facility to discharge an
additional 61,130 pounds of total nitrogen into Falls Lake.
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• 20. Please admit that prior to the modification of Neuse River Compliance
• Association Permit No.NCC000001 Respondent did not analyze whether an increase in
total nitrogen would have adverse localized impacts to Falls Lake.
21. Please admit that Respondent did not review IQ document to determine whether
an increase in total nitrogen would have adverse localized impacts to Falls Lake.
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22. Please admit that for lakes,reservoirs, and other waters subject to growths of
macroscopic and microscopic vegetation the applicable chlorophyll a(corrected)water
quality standard is 40 micrograms per liter("ug/L").
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• 23. Please admit that water quality sampling at DWQ's ambient water quality
monitoring station NEUQ13 in the upper segment of Falls Lake conducted on July 7,
2001, showed chlorophyll a levels of 55 micrograms per liter("ug/L").,
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• 24. Please admit that water quality sampling at DWQ's ambient water quality
monitoring station NEU013 in the upper segment of Falls Lake conducted on July 25,
.2001,showed chlorophyll a levels of 56 ug/L.
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25. Please admit that water quality sampling at DWQ's ambient water quality
monitoring station NEU013 in the upper segment of Falls Lake conducted on August 2,
2001,showed chlorophyll a levels of 79 ug/L.
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26_ Please admit that water quality sampling at DWQ's ambient water quality
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monitoring station NEU013 in the upper segment pf Falls Leke conducted on August 27,
2001,showed chlorophyll a levels of 46 ug/L.
27. Please admit that water quality sampling at DWQ's ambient water quality
monitoring station NEU010 in the upper segment of Falls Lake conducted on August 2,
2001, showed chlorophyll a levels of 56 ug/L.
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28. Please admit that water quality sampling at DWQ's ambient water quality
monitoring station NEU010 in the upper segment of Falls Lake conducted on August 27,
2001, showed chlorophyll a levels of 42 ug/L.
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29. Please admit thatthe upper.segment of Falls Lake is currently experiencing
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growths of microscopic or macroscopic vegetation such that state water quality standards
are exceeded. •
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30. Please admit that in the upper segment of Falls Lake,the additional discharge of
61,113 pounds of nitrogen would result in growths of microscopic or macroscopic
vegetation such that state water quality standards would be violated.
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31. Please admit that dischargers upstream of Falls Lake Dam with permitted flows
greater than or equal to 0.5 million gallons per day arc assigned a combined annual
discharge allocation of 443,700 pounds of total nitrogen.
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32. Please admit that the dischargers upstream of Falls Lake Dam with permitted
. flows greater than or equal to 03 million gallons per day are the Town of Hillsborough-
Hillsborough WWTP Permit No.NC0026433, City of Durham-North Durham Water
• Reclamation Facility Permit No.NC0023841,and/4CMHHS-Town of Butner Pcrmii No.
NC0026824. •
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33. Please admit that the Town of Hillsborough-Hillsborough WWTP Permit No.
NC0026433 allocates 50,288 pounds of total nitrogen for discharge into the Eno River.
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34. Please admit that the Eno River flows into Falls Lake,above the Falls Lake Dam.
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35. Please admit that City of Durham North Durham Water Reclamation Facility
Permit No.NC0023841 has been allocated 334,851 pounds of total nitrogen to discharge
into Ellerbe Creek.
36.• Please admit that Ellerbe Creek flows into Falls Lake,above Falls Lake Dam.
37. Please admit that the NCDHHS-Town of Butner Permit No.NC0026824 allocates
58,599 pounds of total nitrogen for discharge into Knap of Reeds Creek.
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38. Please admit that Knap of Reeds Creek flows into Falls Lake,above Falls Like
Dam.
39. Please admit that the current total discharge allocations to dischargers above Falls
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Lake Dam exceeds 443,700 pounds of total nitrogen per year.
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40. Please admit that Neuse River Compliance Association Permit No.NCC000001
requires that the Neuse River Compliance Association request in writing permit
modifications that change the total nitrogen allocations. •
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41. Please admit that the formal request to modify permit No.NCC000001 came
from NCDIITS-Town of Butner.
•OUESTS FOR PRODUCTION
Please produce for inspection and copying all documents and things responsive to
the following requests. If you object or refuse to produce any document of thing for any
'reason, including a claim of any privilege,please provide information concerning that
document sufficient to identify it by date,person creating the document, addressee of the
document(if applicable),general nature of the document,and basis for the objection,
refussi to produce the document or thing,or the claim of privilege.
1. If your responses to REQUEST FOR A,DVIISSION Nos. 1-41 are
anything other than unqualified admissions,please identify,list and produce all
documents that support or otherwise relate to your denial(s)or qualification(s)_
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2. All docwoaents relating in any respect to the modification of Neuse River
Compliance Association Permit No_NCC000001,including,but not limited to:
a_ All documents reflecting any communication between Respondent
and the Neuse River Compliance Association.
b. All documents reflecting any communication between Respondent
and any co-permittee for the Neuse Compliance Association
Permit No.NCC000001.
b. All documents reflecting any communication between Respondent
and any member of the staff of the North Carolina Department of
Health and Haman Services.
c. . All documents reflecting communications between Respondent
and any member of the staff of the Town of Butner.
d. All documents reflecting communications between Respondent
and any member of the staff of the Environmental Protection
• Agency.
a. All documents reflecting communications between Respondent
and Granville County
f. All documents reflecting communications between Respondent
and the South Granville County Water and Sewer Authority.
• 3. All documents in any manner related to localized impacts or water quality
impacts to Falls Lake from the Butner Wastewater Treatment Plant outfall.
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4. • All documents.in any manner related to the initial drafting of Neuse River
Compliance Association Permit No.NCC000001,including comments on the draft
permit.
5. All results of sampling or testing of water conducted below the Butner
Wastewater Treatment Plant discharge point in Knap of Reeds Creek including,but not
limited to,data,laboratory reports,laboratory and Meld blanks, descriptions or
interpretations of results,descriptions of sampling procedures,quality assurance and
quality control procedures.invoices and payments,and documents reflecting the
individuals collecting,handling,or testing the samples, and the dates and locations of
samples taken.
6. All results of sampling or testing of water conducted in the upper segment
of Falls Lake including;but not limited to,data,laboratory reports,laboratory and field
blanks,descriptions or interpretations of results, descriptions of sampling procedures, •
quality assurance and quality control procedures, invoices and payments, and documents
reflecting the individuals collecting,handling, or testing the samples,and the dates and
locations of samples taken.
7. All results of any water quality modeling for the upper segment of Falls
Lake,including,but not limited to,data,laboratory reports, laboratory and field blanks.
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., descriptions or interpretations of results,descriptions of sampling procedures,quality
assurance and quality control procedures,invoices and payments,and documents
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reflecting the individuals collecting,handling, or testing the samples,and the dates and
locations of samples taken.
INTERROGATORIES
Pursuant to Rule 33 of the North Carolina Rules of Civil Procedure and Rule
.0112 of the Rules of the Office of Administrative Hearings,please respond in full and
under oath to the following interrogatories.
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1. Please state all facts,opinions and beliefs that support or relate to any contention
by the Respondent that the modification of Neuse River Compliance Association Permit
NCC000001 is a minor modification.
2_ Please identify each document that reflects the Respondent's decision to consider
such modifications as minor modifications.
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3. Please identify each witness whom the Respondent expects to testify in this matter
and provide a detailed summary of the expected testimony of each such witness.
4. Please identify each person who has assisted in the preparation of the responses to
these interrogatories and in the review and collection of documents in response to
Petitioner's First Discovery Requests to Respondent.
5. Please identify each person known to you to have personal knowledge of any of
the facts and circumstances relevant to this case. Far each such person,state the person's
name,address,telephone number,and,to the extent known to you,the general nature or
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subject area of the person's.knowledge.
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This/5 day of April,2005.
Amy '
Southern Environmental Law Center
200 West Franldin Street, Ste, 330
Chapel Hill,NC 27516
[phone]
Counsel for Petitioners
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of each of the foregoing
PETITIONERS'FIRST DISCOVERY REQUESTS TO RESPODNENT was mailed by
U.S.Mail,postage prepaid, and via facsimile to counsel for all parties on this 15th day of
April,2005.
Donald W.Laton
Asaistnnt Attorney General
Environmental Division
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9001 ts4ail Service Center
Raleigh,NC 27699-9001
[phone](facsimile)
This 15th day of April,2005.
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Amy cklo