WQCS00143_SOC (Amendment)_20240502

Russell Fox Councilors:
Mayor Tobin of iurnsbttte Judy Buchanan
Heather Hockaday Denise Collier
Town Manager/Attorney of BURNS
N Randy 011is
Chad Fox Bill Wheeler
Town Clerk
•
April 26, 2024 RECEIVED
North Carolina Division of Water Resources
Point Source Branch
1617 Mail Service Center MAY 0 2 2024
Raleigh, North Carolina 27699-1617 NCDEQ/DWR/NPDES
ATT: Mr. Charles Weaver 3Ai.003
Re: First Amendment of SOC for Town of Burnsville NC EMC SOC S21-003 1/26/2022
Dear Mr. Weaver:
Enclosed please find one (1) original and two (2) of the Town of Burnsville's first application for
an amendment to the above referenced Special Order of Consent. Also included is the non-
refundable application fee of$400.00.
Should you have any questions or concerns please do not hesitate to contact me.
With best regards,
Wdie
Heather Hockaday
Manager/Attorney
Town of Burnsville
[phone]
[e-mail]
P.O. Box 97 • Burnsville, North Carolina 28714 • Phone [phone] • FAX[phone] • www.townofburnsville.org

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
APPLICATION FOR AN AMENDMENT TO A SPECIAL ORDER BY CONSENT
I. GENERAL INFORMATION:
1. Applicant(corporation,individual, or other): Town of Burnsville
RECEIVED
2. Owner Phone: [phone] MAY 0 2 2024
3. Owner Email: hhockadayAtownofburnsville.org(contact name: Heatl @ DNR/NPDES
Manager
4. Facility Name(must be the same as name on the original SOC):
NPDES PERMIT NC0020290 and COLLECTION SYSTEM PERMIT WQCS00143
HELD BY THE TOWN OF BURNSVILLE (BURNSVILLE WWTP)
5. Original SOC No./Issuance Date: EMC SOC S21-003; JANUARY 26,2022
6. NPDES Permit No. (if applicable):NC0020290
5. Application Date: APRIL 24, 2024
H. SOC COMPLIANCE HISTORY:
Please attach a listing of all violations this facility has had under this Order. Include any
violation of interim dates,relaxed permit parameters, and existing permit limits.
1. 11/02/2023 SSO Permit WQCS00143- sewer overflow(incident#202301509)
2. 02/09/2024 SSO Permit NC0020290-unauthorized bypass (incident#2024445)
3. 02/21/2024 SSO Permit WQCS00143- sewer overflow(incident#202400529)
III. ADDITIONAL FLOW OR REALLOCATION OF EXISTING FLOW:
Only facilities owned by a unit of government may request to add additional flow to the
treatment system as part of this SOC Amendment in accordance with NCGS 143-215.67(b).
Additional flow may be allowed under an SOC amendment only in specific circumstances.
These circumstances may include eliminating discharges that are not compliant with an NPDES
or Non-discharge permit as specified in the original SOC. These circumstances do not include
failure to perform proper maintenance on treatment systems, collection systems or disposal
systems. When requesting additional flow, the facility must include its justification and

supporting documentation. If the requested additional flow is non-domestic, the facility must be
able to demonstrate the ability to effectively treat the waste and dispose of residuals. The
applicant must provide a detailed analysis of all constituents in the proposed non-domestic
wastewater.N/A
The total domestic additional flow requested: N/A gallons per day.
The total non-domestic additional flow requested: N/A gallons per day.
The total additional flow(sum of the above): N/A gallons per day.
If a reallocation of existing additional flow is needed the facility must provide justification as to
why this reallocation is needed.
Any additional flow that may be allowed will be determined by an analysis of projected adverse
impacts on the wastewater treatment facility and/or surface waters.
IV. WHY AN SOC AMENDMENT IS NEEDED:
Please provide a detailed explanation as to why the SOC amendment is being requested. Include
actions already taken to avoid noncompliance with the existing SOC. Also provide details on
activities that were delayed. SEE ATTACHED NARRATIVE- Exhibit A
THE DIVISION OF WATER RESOURCES WILL NOT ACCEPT THIS APPLICATION
PACKAGE UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE
SUBMITTAL.
Required Items:
a. One original and two copies of the completed and appropriately executed application
form, along with all required attachments.
• If the SOC Amendment is for a City/Town, the person signing the SOC must be
a ranking elected official or other duly authorized employee.
• If the SOC Amendment is for a Corporation / Company / Industry / Other, the
person signing the SOC must be a principal executive officer of at least the level
of vice-president, or his duly authorized representative.
• If the SOC Amendment is for a School District, the person signing the SOC must
be the Superintendent of Schools or other duly authorized employee.
Note: Reference to signatory requirements in SOCs may be found in the North
Carolina Administrative Code[T15A NCAC 2H .1206(a)(3)].
b. The non-refundable Special Order by Consent (SOC) processing fee of$400.00. A
check must be made payable to The Department of Environment and Natural
Resources.
2

APPLICANT'S CERTIFICATION:
(NO MODIFICATION TO THIS CERTIFICATION IS ACCEPTABLE)
I, HEATHER HOCKADAY, Burnsville Town Manager, attest this application for a Special
Order by Consent(SOC) amendment has been reviewed by me and is accurate and complete to
the best of my knowledge. I understand if all required parts of this application are not completed
and if all required supporting information and attachments are not included, this application
maybe returned as incom incomplete. (Please be advised that the return ofthis application
packagep pp
does not prevent DWR from collecting all outstanding penalties upon request). Furthermore, I
attest by my signature that I fully understand that an upfront penalty,which may satisfy as
a full settlement for past violations, may be imposed. (Note: Reference to upfront penalties
in Special Orders by Consent may be found in the North Carolina Administrative Code [T15A
NCAC 2H .1206(c)(3)].}
y — Date Da?
Signature of Signing Official
HEATHER HOCKADAY, Manager
Printed Name of Signing Official
THE COMPLETED AMENDMENT APPLICATION PACKAGE, INCLUDING ALL
SUPPORTING INFORMATION, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER RESOURCES
POINT SOURCE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH,NORTH CAROLINA 27699-1617
IF THIS APPLICATION IS FOR A NON-DISCHARGING SYSTEM,THEN SEND TO:
NORTH CAROLINA DIVISION OF WATER RESOURCES
AQUIFER PROTECTION SECTION
1636 MAIL SERVICE CENTER
RALEIGH,NORTH CAROLINA 27699-1636
3

EXHIBIT A
TO FIRST AMENDMENT APPLICATION FOR EMC SOC S21-003
On January 26, 2022 the Town of Burnsville entered into a Special Order by Consent, EMC SOC
S21-003 ("SOC") with the North Carolina Environments Management Commission. The terms
and provisions of that agreement set forth a number of projects and milestone dates associated
therewith for the Town to complete during the pendency of the agreement. The agreement is
set to expire 90 days after the completion of the all the projects enumerated in the SOC.
The Town has made timely quarterly reports to the Asheville Regional Office outlining the
progress of these projects since the 2nd quarter of 2022 through the 1st quarter of 2024. In
addition the Town has had frequent contact with staff in the Asheville Regional Office ("ARO")
throughout the term of the SOC regarding project progress, funding changes and project
additions.
Since the execution of the agreement, the Town has fully completed Projects 1 through 3a,
project 3b has been partially completed.
The portion of project 3b, making a connection of approximately 1000 LF of force main from
the Town's OMC pump station to the EY Water and Sewer District's (EYWSD) collection system,
has been delayed due to funding issues and the pending completion of the EYWSD collection
system. These issue have now been resolved as the County has agreed to include the
connection as part of a larger project to inspect and rehabilitate their entire collection system
and the 125 MGD treatment facility (EYWSD WWTP) located on Wyatt Town Road in Yancey
County. The funding is a portion of the 2022 North Carolina Current Appropriations Act's grant
to Yancey County in the amount of$13,000,000.00 for water and sewer infrastructure projects.
The larger project is currently in phase 1 for the inspection of the collection system lines. Phase
2 is currently in design.
Project 4 is under construction.
Project 5, experienced a short delay due to the need to secure additional $500,000.00 in
funding after the bidding process in August of 2023 when the low bid came in over budget.
Now that the funding has been secured construction contracts have been executed and we are
awaiting a pre-construction meeting.
Project 6 has been completed. In addition to the storm water GIS mapping the Town has also
completed GIS mapping of the sewer collection system.
Project 7 is funded through two (2) State Grant from the 2021 and the 2022 North Carolina
Current Appropriations Acts to Yancey County. The first is for $3,000,000.00 for repairs to the
Pine Swamp WWTP owned and operated by the Town. The second is for an additional
$3,050,000.00 and a portion (totaling$2,800,000.00) of a $13,000,000.00 grant to Yancey
County for water and sewer infrastructure projects. For a total funding amount of 8,850,000.00.

This project is currently in the engineering design process. The funds are from the Federal
American Rescue Plan Act.
Due to the changes in scope and additions in funding for these projects we respectfully
requests the following changes and/or additions be made to the project provisions of the
current SOC:
1. Project 3b-OMC Pump Station Flow Reduction:
3b-ii: Funding Source- NC State Current Appropriations Act grant to Yancey County;
3b-iii: construction of the 1000LF of force main connection to the EY collection system
Projected Schedule: completion date December 2026;
2. Project 5- West Main Sewer Interceptor Improvements:
Projected Schedule: construction completion date November 2024;
3. Project 7-Burnsville WWTP Rehabilitation Funding and Design:
Construction of a new 0.5 MGD treatment train followed by rehabilitation and
conversion of the existing 0.5 MGD treatment train into an equalization basin;
Projected Schedule: construction completion date December 2026.
The Town Council and staff are committed to seeing each project is completed and are pleased
that funding has been secured for the projects all of which are working their way through
various stages and reviews by NC DEQ. The Town appreciates the time and efforts of the
Department's staff in assisting with each project and looks forward to their completion and our
system working more safely and efficiently. Thank you for your consideration of this
amendment.