WQCS00324_NOVNOI-2023-DV-0264_Resp_20230705

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Burke Count
Post Office Box 1486
July 5, 2023
Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water resources, NCDEQ
Subject: RESPONSE TO NOTICE OF VIOLATION
Tracking Number: NOV-2023-DV-0264
Collection System Permit No. WQCS00234
Burke County Collection System
Dear Mr. Boss:
meral Service
Morganton, NC 28680
In response to your letter dated June 28, 2023, regarding the above referenced Notice of
Violation:
The sanitary sewer overflow (SSO) that occurred on June 20, 2023, was related to a sudden
large amount of rain that resulted in over nearly 2 inches over a period of just 5 hours. Although
our lift station was fully operational, staff was on site, and pump trucks quickly arrived, the quick
large spike in the amount of rain (see data included) was more than the pumps could handle.
Burke County has applied for financial assistance from the NCDEQ Division of Water
Infrastructure to increase the capacity of this lift station. In addition, Burke County has applied for
assistance through the Building Resilient Infrastructure and Communities (BRIO) grant program
offered by FEMA. If BRIC funding is received, it will be used to make the lift station more resilient
by raising the elevation of the critical equipment and the access road to above flood level.
Additionally, 2.4 million dollars has been included in the county's FY-24 recommended
budget to address collection system I & I and the issues with our Indian Hills pump Station.
. If you have any questions or if any additional information is needed, you may reach me at
828-764-9062 or email me at mark.delehantgburkenc.org. Thank you for your patience and
consideration.
Sincerely,
Mark Delehant, Director
Burke County General Services
110 N. Green Street
Morganton, NC 28655
Office - [phone]
Email - mark. delehant(aburkenc.org

Indian Hill Pump Station
Rainfall from 6/19/2023 to
6/20/2023
Rainfall
Amount
Device Time (inches)
6/19/2023 10:00 PM
0.06
6/19/2023 11:00 PM
0.33
6/20/2023 12:00 AM
0.52
6/20/2023 1:00 AM
0.46
6/20/2023 2:00 AM
0.28
6/20/2023 3:00 AM
0.18
6/20/2023 4:00 AM
0.4
6/20/2023 5:00 AM
0.16
6/20/2023 6:00 AM
0
6/20/2023 7:00 AM
0.01
6/20/2023 8:00 AM
0
6/20/2023 9:00 AM
0.01
6/20/2023 10:00 AM
0.06
6/20/2023 11:00 AM
0.1
2.57

DocuSign Envelope ID: A70A1336-031B-404E-AC88-460100AD756C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RfCHARD E. ROGERS, JR.
Director
JUL 0 3 2023
« � COUNTY MANAGER
NORTH CAROLINA
Environmental Quality
Certified Mail # 7022 2410 0003 1436 8801
Return Receipt Requested
June 28, 2023
Kenneth Bryan Steen, County Manager
Burke County General Services
PO Box 219
Morganton, NC 28680-0219
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0264
Sanitary Sewer Overflows - June 2023
Collection System Permit No. WQCS00324
Burke County Collection System
Burke County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Burke County General Services. The Division's Asheville Regional Office concludes that the Burke County General
Services violated Permit Condition I (2) of Permit No. WQCS00324 by failing to effectively manage, maintain, and
operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters
and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which
a permit is required by G.S. 143-215.1.
The Asheville Regional Office is providing the Burke County General Services an opportunity to provide evidence
and justification as to why the Burke County General Services should not be assessed a civil penalty for the
violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202300948 6/20/2023 180 2749 Indian Hills Cir, Inflow and 18,000 8,000 Notice of Violation
Hickory, NC, 28601 Infiltration, Severe
Natural Condition
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DocuSign Envelope ID: A70A1336-031 B-404E-AC88-460100AD756C
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Melanie Kemp with the Water Quality Section in
the Asheville Regional Office at 828-296-4500 or via email at [e-mail].g_ov.
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Sincerely,
Ev
DocuSigned by:
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Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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