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r Tot: CHARLOTTE WATER
3 4222 WESTMONT DRIVE
LJ Ser
CHALROTTE NC 28217-1030
3 ATTN: ANGELA CHARLES, DIRECTOR
'6/3 dwr/jh 10/18/23
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CHARLOTTE WATER
'2 WESTMONT DRIVE
CHALROTTE NC 28217-1030
ATTN: ANGELA CHARLES,1?IRECTDR
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MOORESVILLE NC 2811p13 COD
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ROY COOPER g%,;, ,.
Governor
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 5312
Return Receipt Requested
October 18, 2023
Angela D Charles, Director
Charlotte Water
4222 Westmont Dr
Charlotte, NC 28217-1030
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0381
Sanitary Sewer Overflows - September 2023
Collection System Permit No. WQCS00001
Charlotte Water Collection System
Mecklenburg County
Dear Ms. Charles:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Charlotte Water. The Division's Mooresville Regional Office concludes that the Charlotte Water violated Permit
Condition I (2) of Permit No. WQCS00001 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 Mooresville Regional Office is providing the Charlotte Water an opportunity to provide evidence and
justification as to why the Charlotte Water 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
202301324 9/4/2023 325 16525 BIRKDALE Debris in line,Other 16,250 16,250 Notice of Violation
COMMONS PARKWAY Intent to Enforce
ZONE 1
202301336 9/8/2023 180 618 Main street ZONE 3 Other, Pipe Failure 900 450 Notice of Violation
(Break)
DEyNA North Carolina Department of Environmental Quakty'Division of Water Resources
Moorcsvllk Regional Office 610 East Center Avenue.Suite 301 1 Mooresvllk.North Carolina 28115
n64v.. e..4. 704.663.Ib99
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202301343 9/13/2023 42 8203 PRINCE GEORGE Debris in line,Other 210 210 Deficiency, No Further
ROAD ZONE 3 Action
202301367 9/21/2023 142 1948 CHOYCE CIRCLE Pipe Failure(Break) 2,840 2,840 Notice of Violation
ZONE 4 Intent to Enforce
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 Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at joanna.harbisonc deq.nc.gov.
Sincerely,
p—DocuSigned by:
A4.44&w H P+X+.s4
—F161 Ff369A2D64A3...
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
Matthew.Morris(c�charlottenc.gov
Rusty.Rozzelle(a�mecklenburgcountync.gov
E�� North Carolina Department oblO East Center Avmue.Suite 301 Mooresville.North Carolina 28115
t__ e..r� 704.1,63.1699
CHARLOTTE RECE►VED/NCDEO/DWR
WT E R NOV - 12023
WQROS
October 30, 2023 MOORESVIL LE REGIONAL OFFICE
Mr.Andrew Pitner
Regional Supervisor
Mooresville Regional Office
North Carolina Department of Environmental Quality
610 East Center Avenue, Suite 301
Mooresville,North Carolina 28115
Subject: Response to Notice of Violation
Tracking#NOV-2023-DV-0381
Sanitary Sewer Overflows—September 2023
Collection System Permit No. WQCS00001
Charlotte Water Collection System
Mecklenburg County
Dear Mr. Pitner:
This letter is in response to the NC Department of Environmental Quality's (NCDEQ)Notice of
Violation letter dated October 18, 2023, which was received by Charlotte Water -Field
Operations on October 20, 2023.
NCDEQ identified the following Sanitary Sewer Overflow(SSO) incidents that occurred in
September 2023 for consideration of a Notice of Violation with the possibility of a civil penalty.
In response, Charlotte Water is providing the following evidence that the overflow cited was
unintentional and beyond the reasonable control of our operation and that compliance with the
collection system permit remains our utmost responsibility.
Incident#202301324 occurred on 9/4/2023 located at 16525 Birkdale Commons Parkway due to
debris in line caused by contractor damage as reported in the five-day BIMS report. Total
volume spilled was 16,250 gallons with 16,250 gallons reaching surface water. Duration of spill
was 325 minutes. Charlotte Water had to bypass the damaged manhole due to substantial debris
in line. An aeration pump was used to aerate the private irrigation pond owned by Birkdale Golf
Club to prevent loss of fish. Mecklenburg County Stormwater was notified of spill and
performed the NC DWR Fish Kill Investigation Form which is attached. Charlotte Water
Damage Investigators determined the cause to be from Birkdale Golf Club Greenskeepers
pushing piles of woody debris into the CLTW ROW causing damage to the manhole. The total
billable amount incurred by CLTW due to Birkdale Golf Club was $20,066.33 for damages and
repairs. Follow up cleaning and CCTV was completed on 9/13/23. Final repairs to manhole were
completed on 9/21/23 with no further action required.
Incident#202301336 occurred on 9/8/2023 located at 618 Main St due to pipe failure from fallen
tree as reported in the five-day BIMS report. Total volume spilled was 900 gallons with 450
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
2
gallons reaching surface water. Duration of spill was 180 minutes. Charlotte Water construction
crews repaired the sewer main on 9/8/2023 with no further action required.
Incident#202301343 occurred on 9/13/2023 located at 8203 Prince George Rd due to debris in
line caused by a damaged manhole insert as reported in the five-day BIMS report. Total volume
of spill was 210 gallons with 210 gallons reaching surface water. Duration of spill was 42
minutes. Charlotte Water SSO follow-up cleaning and CCTV was completed on 9/14/2023 with
no further action required.
Incident#202301367 occurred on 9/21/2023 located at 1948 Choyce Circle due to pipe failure as
reported in the five-day BIMS report. Total volume of spill was 2,840 gallons with 2,840 gallons
reaching surface water. Duration of spill was 142 minutes. Charlotte Water used a sewer plug to
stop spill and began a pump and haul due to difficulties of bypass. Aerial crossing repair was
completed on 9/22/23 with no further action required. This aerial was previously inspected on
8/2/23 where debris was found.Debris removal was completed on 8/7/23 with no other issues
identified. Charlotte Water has since placed this aerial from a 6-month inspection to a 3-month
inspection.
As stated in section I.3.b. of the Permit, Charlotte Water must demonstrate through properly
signed, contemporaneous operating logs, or other evidence that the causes of the SSOs were
exceptional, unintentional,temporary and caused by factors beyond the reasonable control of the
permittee;the SSOs could not have been prevented by the exercise of reasonable control, such as
proper management,operation and maintenance; adequate treatment facilities or collection
system facilities or components(e.g. adequately enlarging treatment or collection facilities to
accommodate growth or adequately controlling and preventing infiltration and inflow); and the
permittee took all reasonable steps to stop,and mitigate the impact of,the discharge as soon as
possible. All protocols were followed according to the Charlotte Water- Sanitary Sewer
Overflow Rapid Response Plan(SSORRP).
The mitigation factors considered for enforcement listed in the NOV letter and guidance
provided by DEQ when considering a NOV with civil penalty are listed below with additional
reasons for not imposing a civil penalty:
1) There was minimal or no harm to the natural resources of the State,to public health,or to
private property and no large-scale fish kill found or recreational areas closed due to the above
spill. Immediate steps were taken to reduce damage as described above.
2) Maximum effort was taken to minimize the duration and gravity of the discharges. This is
evident in Charlotte Water's policy of maintaining 24-hour rapid response crews to address spills
quickly which reduces the duration and impact of sewer spills. In addition,contracts with
construction companies for emergency repairs and vendors for needed equipment are maintained
continuously so the time required for permanent repairs to be performed is reduced. Cleaning
contracts are continuously maintained for cleaning with established numbers for both equipment
and crews as needed.
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
1
3
3) The effect on water quantity and quality was minimal. The average response time for
all the SSOs in September 2023 was 34 minutes. By responding quickly to overflows less
volume is discharged minimizing the impact to the public and surface waters. Charlotte Water
has been diligent in maintaining the required response times. This documentation is evidence that
Charlotte Water makes every possible attempt to follow the SSORRP.
4) The documentation indicates that the cost of rectifying damage did not deter Charlotte
Water's goal of correcting SSO problems and returning an area to the pre-spill condition as
quickly as possible. See attached work orders. The mobilization for point repairs of the sewer
line, using Charlotte Water construction crews or established contracts with private contractors,
enables Charlotte Water to start a repair immediately and reduce the volume of the overflow.
5) In addition, as indicated by the information provided, the dollar amounts spent on
staffing, system rehabilitation,rapid response and cleanup indicate the SSOs were not the result
of avoiding the costs of compliance. Charlotte Water commits considerable resources to
evaluation of each spill from an operational perspective by holding bi-monthly meetings with the
Chief of Operations and all Zone Managers,Field Supervisors, cleaning operators,
planner/schedulers,rehabilitation engineers and other support staff. This review ensures that all
established protocols for SSO response are followed so additional spills can be prevented.
6) The SSOs were not the result of willful or intentional actions on the part of Charlotte
Water but of normal usage in our 4,574 miles of sewer system with approximately 1,700 miles
being off street and along streams where severe natural conditions may affect the lines. In FY23
726.5 miles of sewer has been cleaned or 15.96% of the total system. For FY24 243.7 miles
of sewer has been cleaned or 5.34% of the total system to date.
7) Charlotte Water's prior record indicates a willingness to address problem areas by
designating them as hot spots which require additional cleaning, root control or rehabilitation,
adding new technology and equipment, and cleaning more sewer line than required. Charlotte
Water has installed 454 "Smart Cover" main line blockage detection equipment units. The
devices are tied directly into Charlotte Water's dispatch system and an on-duty dispatcher
sees the alarm and initiates a response. For FY23 60 mainline blockages and 1 SSO
discovered by Smart Cover devices. For FY24 there have been 18 blockages,to date,
discovered by Smart Cover devices. The devices have now been installed in the largest
basin and over 50% of the total system will have early warning capabilities which indicate
rising levels of flow in manholes and possible main line blockages. Future plans include
incorporating the devices into Charlotte Water's preventative maintenance program using the
trending feature to indicate the need for cleaning. Also, an on-call schedule of the Environmental
Program Inspectors has been developed to monitor and respond to alerts and assist"rapid
response"crews with the devices.
Charlotte Water is respectfully requesting that a civil penalty not be applied to the above SSO
that occurred during the month of September 2023, due to the above factors being satisfied and
evidence showing these SSO events was not reasonably expected to occur.
If you have any questions or require further information, please contact me at phone number
704-301-7827 or via email at matthew.morris@charlottenc.gov.
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
4
Sincerely,
Matthew Morris
Compliance Officer
Field Operations Division
Charlotte Water
Attachments: DEQ's NOV and other pertinent information
Cc: Marion Sanders, Chief of Operations, Charlotte Water
Jackie Jarrell, Deputy Director, Charlotte Water
Ms. Joanna Harbison, Environmental Specialist,MRO
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
w.•� Field Operations Division CHARLOTTE
Utility Damage Form WieTER
Inspection# Inspection Date: Inspector: Billable Amount
57532 9/4/2023 8:00:00 AM Worthy,Antonio M S2C D66 33
Zone: Crew Chief: Request# Work Order#
1 None 267922
Damage Date: 9/4/2023
Address: 16505 Birknale Commons parkway,Huntersville,NC 28078
Utility affected: CLTWater Sewer Man
Size: 30"
Locate ticket called in prior to digging? No
Was the utility actually located before digging? N/A
Were the locate marks within 24"of the damaged utility? N/A
Utility damaged by: Birkdale Golf Club Greenkeepers
Contact Info: Birkdale Goff Club,16500 Birkdale Commons Pkwy,Huntersvifle.NC 28078
Contact Phone: 704-895-8038
Supervisor on site? John(Greenskeeper)and Frardr(Superntendent)
Description of the incident that cause the damage:
Birkdale Golf course greenkeepers used heavy equipment to move piles of debris on our ROW causing damage to a manhole and
pushing enough debris in the sewer fine to cause a blockage and a sewer spit
Observation Summary: There are are 4 WO's:
268433,268432,268227,267922 and 2 bills for the bypass pumps to use while repairs and
cleaning were beiong done.
Figure 1:Birkdale Golf Club Damage Investigation
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
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Figure 2:Pushed debris on ROW from Birkdale Golf Club Maintenance Staff
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
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Figure 3: Pond Aeration at Birkdale Golf Club
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
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Figure 4:Portion of Concrete Debris Removed from Sewer Main at Birkdale Golf Club
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
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Figure 5: Manhole Rehab at Birkdale Golf Club
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
10
D R =' NC DWR Fish Kill Field Investigation Form RRev.i2/13
iso,to 1 4el0IIIMS
Send To: DWR Environmental Sciences Section Attn.dark Hale or Elizabeth Fensin
1621 Mail SisvioeCa Ral b..NC✓k!g-162t(9191 743M 0 Fuc Ht974346I7
e rrrtil maddialeMirdenrgav izabetlila EAas i s'
Investigators:
Investigation Date and Time9/5/2023 8:20 Manhours Re :4.5
Investigators:Dan Meyer
Orgaaization:Mecklenburg County Stormwater Services Regional Office.Mooresville
Address 2145 Sunk Ave,Charlotte,NC 28208 Phone:704-572-1232
Reporting Party:Charlote Water Address:5100 Brookshire Boulevard, Phone:7043367600
Charlotte,NC
Coinvestigators: Address_ Phone-
Kill Event Location:
Waterbody:Pond Station: Subbasin:
County:Mecklenburg Nearest Town/Iandmadc:Bukdale Golf Club
Tributaries or other waters affected:McDowell Creak
Latitinde35.436934 Lode:40183404
Atlack crap describing area of event and provide coordinates
Complete For Fish Kill and Disease Events
Date Event Began(First reported): 9/5/2023 Time: 8:20
At time of investigation,kill event is: in progress ® completed: ❑
Area covered by kill River(miles): Lake/Estuary(acres,square miles): 2.6 acres
Evert Duration: Days:2 Hours:
Finfrsk Species Affected:
Species: Dorosonta cepedianum Size Range: 20-30 an Approx Number. 35
In Distress/Dying® Dead® Decayed❑ Percent observed with sores or lesions: 0
Species: Micropterus salmoides Sim Range: 20-30 an Approx Number. 4
In Distress/Dying❑ Dead® Decayed❑ I Percent observed with sores or lesions: 0
Species: Cyprinas carpo Size Range: 30-45 an Approx Number 3
In Distress/Dying❑ Dead® Decayed❑ Percent observed with sores or lesions: 0
Species: Pamoxis spp. Size Range: 15-20 an Approx Number: 2
In Distress/Dying❑ Dead® Decayed El Percent observed with sores or lesions:
Other Organisms Affected:0
Total Fiaflsh Mortality: 35 Total Mortality of Other Organisms:0
Fisb Disease Observations:
Lesions/Sores❑ Injures❑ Flared Gills❑ Excessive mucus❑ Tumors❑ Visible Parasites ❑
Gasping❑ Loss of equilibrium❑ Erratic behavior El Attempts to leave water❑ Lethargy❑
Convulsions❑ Other❑ Describe:
General Lesion and Sore Observations:
Stm(cm): I Location(view diagrams below):
Appearance/Comments:
:62
J C s•
l
Figure 6:NCDWR Fish Kill Investigation at Birkdale Golf Club
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
11
Page 2 of 2
Physical Observations and Water Quali Measurements:
Station: Station No.: Time:
Cloud Cover Seas: I Air Temp: 29 C I Precip:
Wind Direction Wind Speed: I Secchi Depth_
Bottom Depth: Prior Weather(3-4 days):clan
Outfalls Present:Y❑N® Describe:
Spills in area?Y N❑ Describe: 16,250g sewer spill from a Charlotte Water sewer line
Other Activity
Depth Dissolved x pH Temperature Conductivity Salinity
(meters) Oxygea(mg(L) sattuatiea (°C.) (PA
Surface 6.96 90.4 7.13 29.0 132.6 N/A
1.0
2.0
3.0
4.0
5.0
Algal Bloom:Fill out this section if bloom occurs in conjunction with fish kill or disease. If bloom occurs without
affected fish,fill out Algal Bloom Report form only and send to Division of Water Resources ESS Attn:Ecosystems Branch
Staff'
Visual characteristics:
❑ Discolored Water Descrbe:
❑ Flecks.❑ Balls,❑Filaments
❑ Surface Film
❑ Other
Phytoplankton Samples Sent to ESS?Yes❑No❑ Phytoplankton Quantity:One 500m1 polyethylene
container preserved with 2-3 ml Lugols solution and one 500m1 polyethylene container unpreserved. Send to DWR
Laboratory Section marked Attn:Ecosystem Branch
Biological and Chemical Samples Collected During Investigation:
Fish(Describe): Iced,Preserved
Station: Sample No.:
Contact for Results: Phone:
Algae/Plants(Describe): Iced,Preserved?
Station: Sample No.:
Contact for Results: Phone:
Other(Describe): Iced,Preserved?
Station: Sample No.:
Contact for Results: Phone:
Chemical Samples: Metals❑ Pesticides❑ Nutrients❑ Cblor A❑ Oliver❑ Describe:
Station: Sample No.:
Contact for Results: Phone:
Photographs and/or videos taken? Y® N❑
Where on file? Name Dan Meyer Phone: 704-572-1232
Additional Comments.Observations.Conclusions,etc.(attach additional sheet if necessary):
Dan Meyer was called to investigate a sewage discharge at the Birkdale Golf club.At the time of arrival two Charlotte
' Water manholes were discharging sewage.The worse of the two had a small overground flow into McDowell Creek.
The majority of the discharge was running downhill to an irrigation retention pond.The pond is a secondary
containment for the main irrigation pond.Staff at the golf course were advised not to move water from the affected
area,or to irrigate until the issue was corrected.YSI reading was taken as close to spill location on the second day.At
that time aeration and fresh water was being introduced to the pond improving the pond water quality conditions.No
fish kill was observed in McDowell Creek,just the irrigation pond.
Figure 7:NCDWR Fish Kill Investigation at Birkdale Golf Club
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org
12
'
Figure 8: Choyce Circle Aerial Repair
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org