WQ0003698_Response Letter to Notice of Violation_20220405

CITY OF MARION
P.O. Drawer 700
OFFICE OF THE
Marion, North Carolina 28752 PUBLIC WORKS DIRECTOR
April 5, 2022
Mr. G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section, ARO
Division of Water Resources, NCDEQ
2090 U.S. Highway 70
Swannanoa, NC 28778
Subject: NOV & Intent to Enforce
Tracking #: NOV-2022-LV-0130
Groundwater Quality Violations
Permit No. WQ0003698
Dear Mr. Davidson:
I am writing in response to the Notice of Violation (NOV) and Intent to Enforce dated March 3,
2022 and received by the City of Marion on March 8, 2022. The NOV requested that the City of
Marion respond, within 60 days of the receipt of the NOV, and confirm its intent to comply with
the requirements contained in the NOV by specifying the actions it plans to undertake to correct
the violations and by submitting a proposed schedule for accomplishing the actions.
The City does intend to comply with the requirements contained in the NOV, to the best of its
ability and to the greatest extent reasonably practicable. We do, however, need some assistance
and guidance in developing a plan of action for correcting the violations as cost effectively as
possible. Milestones and a realistic schedule for accomplishing actions in the plan cannot be
provided until the plan is generated. The City intends to seek assistance and guidance, from a
consulting firm experienced in environmental engineering and services, in the development of a
plan for correcting the violations. Simultaneously with the development of a plan, the City will
expect the firm to perform or assist in performing the necessary site assessments, testing,
consulting services, etc. Procuring a firm qualified to perform all of these services will, of
course, take time. The City plans to start by requesting statements of qualifications from
interested firms. We would anticipate receiving statements of qualifications by June 1, 2022 and
selecting a firm by July 1, 2022. We would expect work to begin on the development of a plan
of action by August 1, 2022, assuming the selected firm can accommodate this schedule.
The City respectfully requests that you allow this response to the NOV (tracking # NOV-2022-
L V-0130) to serve as our confirmation of the City's intent to comply with the requirements
contained in the NOV, to the best of our ability and to the greatest extent reasonably practicable.
We also request that you allow us to specify the actions we plan to undertake and a proposed
schedule for accomplishing those actions at such time as we have a feasible plan in place. As
stated above, we anticipate work to start on the development of a plan by August 1, 2022.

Completion of the plan and development of a schedule will depend on the necessary assessments
and how long they take to conduct. Your consideration of these requests is greatly appreciated.
If you have any questions or require additional information, please contact me at [phone]
or bsikesiainiarionne.ory. Thank you in advance for your time and consideration.
Sincerely, �✓
' J. Brant Sikes
Public Works Director
cc: Bob Boyette, City Manager
Brett Laverty, Hydrogeologist, NCDEQ, DWR