WQCS00193_NOV-2023-DV-0316_20230815

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August 14, 2023
Vanessa Manuel
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh, NC 27699-1628
RE: NOTICE OF VIOLATION NOV-2023-DV-0316
Sanitary Sewer Overflow -Incident #202301116
Collection System Permit No. WQCS00193
Town of Fuquay-Varina
Wake County
Dear Ms. Manuel,
Heather Adams
Assistant Public Utilities Director
[e-mail]
Received via email: August 15, 2023
The Town of Fuquay-Varina appreciates the opportunity to respond to the Notice
of Violation dated August 7, 2023, for a Sanitary Sewer Overflow (SSO) incident #
202301116 that occurred on July 26, 2023, along a high priority aerial (408 Creekway
Drive Fuquay-Varina). It is our intent that this response will provide sufficient additional
information regarding the incident and justification that the Town should not be assessed
a civil penalty.
Cause of non-compliance:
On July 26, 2023, a Town employee called the Collection System ORC and
reported that trees appeared to be down in the right of way. The ORC and Town staff
quickly responded and determined that a large, mature oak tree had fallen on the aerial
line. The oak's base was located approximately 30 feet outside of the Town's cleared
right of way. The tree broke the line right above the creek bed causing sewer to flow
directly into Kenneth Creek. There was very little debris in the creek and the leaves on
the fallen tree were still green, so the Town feels confident the spill was quickly
identified.
Remedial Action Taken:
The Town's operation and maintenance crew responded immediately and plugged
upstream manholes to stop the flow while the contractor arrived on -site. The contractor
arrived within 2 hours and cut the tree off the line. Temporary pipe was used to make the
repair so the line was returned to service the same day. The permanent coated steel line
had to be specially ordered from a supplier and is expected to have a 1-month lead time.
Once the new pipe arrives, the Contractor will mobilize and make the permanent repair.
Public Utilities
Town of Fuquay-Varina 134 N. Main Street, Fuquay-Varina, NC 27526 [phone] fuquay-varina.org

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Heather Adams
Assistant Public Utilities Director
[e-mail]
Received via email: August 15, 2023
As demonstrated, Operation and Maintenance personnel were responsive and took
immediate action to respond to the overflow and initiated corrective action to address the
broken pipe. Town staff last inspected the aerial on July 10, 2023, and maintains this
right of way width to approximately 20 feet. Since the tree was so far out of the right of
way, we feel the incident was an unavoidable Act of God and the Town should not be
assessed a civil penalty. We believe this letter justifies our commitment to maintaining
the collection system and we hope that the Division recognizes these efforts. Therefore,
we respectfully request that the Division not take any further enforcement action against
the Town.
Sincerely,
Heather Adams
Assistant Public Utilities Director
Cc: file
Jonathan Joyner, ORC
Public Utilities
Town of Fuquay-Varina 134 N. Main Street, Fuquay-Varina, NC 27526 [phone] fuquay-varina.org