The URL can be used to link to this page

Home My WebLink AboutWQ0003299_NOV and Intent to Assess_20240220 . . 'osta ervice CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information,visit our website at www.usps.com'v. D Certified Mail Fee n $ S. Col Extra Services&Fees(check box,add lee as appropriate) ElReturn Receipt(hardcopy) U $ _ _ J ❑Return Receipt(electronic) p/ps t ❑Certified Mail Restricted Delivery $ I}{ere 3 El Adult Signature Required $ _ ❑Adult Signature Restricted Delivery$ CX. 3 Postage 1!F u $ Tota CITY OF KANNAPOLIS $ n Sem 401 LAUREATE WAY KANNAPOLIS NC 28081-1199 hire. ATTN: MIKE LEGG ------..... City, dwr/jh 2/20/24 /Cr uIICU I1,1U11 JCr VII.0 fJI JVIUC,LIMO rvnUWII1J. LOCI ICI IW. A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service'" -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. nportant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail°service. -Adrift signature restricted delivery service,whict Certified Mail service is not available for requires the signee to be at least 21 years of ag, international mail. and provides delivery to the addressee specified Insurance coverage is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. -c,,....'lAM n.,.,i on.c io.,.,.......i ocn,-1,2n no.nnn nn„7 •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature 0 Agent ■ Print your name and address on the reverse X 5 0 C1,J.,� 0 Addresse so that we can return the card to you. • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. D. Is delivery address different from item 1? ❑Yes CITY OF KANNAPOLIS If YES,enter delivery address below: 0 No 401 LAUREATE WAY KANNAPOLIS NC 28081-1199 ATTN: MIKE LEGG dwr/jh 2/20/24 IIIIIIIII III IIIIII I I III I I II I II I I ❑Adult Signature 0 Rregist Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restrict 9590 9402 3908 8060 7355 75ertified Mail® Delivery ❑ ertified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise n Collect on Delivery Restricted Delivery 0 Signature Confirmation' 7 015 1520 0002 I ❑Signature Confirmation 8 3 7 6 13 81 I Restricted Delivery Restricted Delivery ha' USPS TRACKING# First-Class Mail Postage&Fees Paid 1111411111111. Il._ USPS Permit No.G-10 9590 9402 3908 8060 7355 75 United States •Sender: Please print your name,address, and ZIP+4E"'in this box* Postat Service NCDEQ/WQROS 610 E. CENTER AVENUE L. a SUITE 301 co C7) MOORESVILLE NC 28115 I ir ' cd' (d)' � T 7p s t'3}} } }}} }I}Sii}h}}}flst>Iti1l}l0ti}0lt11}1Illfiii}fi}fii PILE '''''''N\ ROY COOPER U'l filGovernor Q. ELIZABETH S.BISER Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7015 1520 0002 8376 1381 Return Receipt Requested February 20, 2024 Mike Legg City of Kannapolis 401 Laureate Way Kannapolis, NC 28081-1199 SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0111 Sanitary Sewer Overflows - January 2024 Collection System Permit No. WQCS00327 Kannapolis Collection System Cabarrus County Dear Mr. Legg: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report's submitted by City of Kannapolis. The Division's Mooresville Regional Office concludes that the City of Kannapolis violated Permit Condition I (2) of Permit No. WQCS00327 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 City of Kannapolis an opportunity to provide evidence and justification as to why the City of Kannapolis 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 202400028 1/4/2024 1,500 1025 KANSAS STREET, Roots 300 300 Notice of Violation KANNAPOLIS, NC, 28083 202400058 1/8/2024 300 307 CADILLAC STREET, Other, Pipe Failure 600 600 Notice of Violation KANNAPOLIS, NC, 28083(Break) E North Carolina Department of Environmental Quality I Divlslon of Water Resources Mooresville Regional Office 1610 East Center Avenue.Suite 301 I Mooresvilk.North Carolina 28115 w. 704 663 1699 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202400228 1/9/2024 480 269 ESTHER CIRCLE, Inflow and 11,160 11,160 Notice of Violation KANNAPOLIS, NC, Infiltration, Severe Winter Storm 2024 Natural Condition 202400303 1/15/2024 1,140 400 EAST 23RD Pipe Failure(Break) 5,700 5,700 Notice of Violation STREET, KANNAPOLIS, Intent to Enforce NC,28083 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. Regarding the SSO's that occurred on January 9 & 10, 2024, and in keeping with the Governor's Executive Order No. 300, which declared a statewide state of emergency for the Severe Weather Event that occurred, the Division of Water Resources is utilizing its enforcement discretion and only issuing a Notice of Violation for events that noted'Severe Natural Conditions'as contributing to SSO's on those dates. No Additional response to the Division is necessary for events that occurred within those dates. 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 Regional Operations Section in the Mooresville Regional Office at 704-663-1699 or via email at joanna.harbison(a deo.nc.gov. Sincerely, ,-DocuSlgned by: A44604V H P4444 "-F161 F869A2084A3... 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 aanderson@ kannapolisnc.gov DE ,) North Carolina Department of Emiranmental Qual6y I DWlsion of Water Resources Mooresville Regional Office 1610 East Cent:Avenue.Suhe 301 Moorcsvllk.North Carolina 28115 a+ 704.663.1699 ir . s KAN A P 0S Water -..- IY� Resources 11: > 1 CEC V EDiNGOEwb[lr WWI MAR -n 6 March 4, 2024 �� s w .,�� 2024 WOS Mr. Andrew H. Pitner, Regional Supervisor MOORESVILLEERREG OFFICe Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources 610 E. Center Avenue, Suite 301 Mooresville, North Carolina 28115 Subject: Notice of Violation - Tracking No. NOV-2024-DV-0111 Dear Mr. Pitner, This letter is a follow up to our Notice of ViolatiomQf the above referenced NOV. 400 East 23rd Street (Incident Number 202400303) ) • Incident occurred on 01-15-2024. • The SSO was caused by a creek bank failure resulting the sewer line breaking. • Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated wastewater spill to surface waters. • We immediately dispatched a crew out to the location to inspect and make temporary repairs; these temporary repairs stopped the SSO. The temporary repair took some time to install safely due to the steep terrain and ground conditions. A contract for the permanent repair has been issued and this repair should be sufficient to avoid a creek bank failure in this area. The permanent repair will result in an armored and more resilient creek bank. The permanent repair work has begun is scheduled to be complete within the next week. This repair is being installed by a contractor, which is estimated to cost $8,500. • The impacted area near the affected line break was flushed with fresh water. raked and lime spread. • Restoration of the site was completed as soon as the temporary repair was installed. 1401 BETHPAGE ROAD, KANNAPOLIS, NC 28081 704.920.4444 WWW.KANNAPOLISNC.GOV City staff inspected downstream conditions and found no evidence of fish kills or any environmental impacts. If you have any questions or comments, please contact me at 704-920-4252 Sincerely, Aker,Am dztlAem, Alex Anderson Water Resources Director City of Kannapolis 704-920-4252 KAN A P ! 5 Water Resources iirr-mr:svEMaD-1:6 CDE±�/jamMarch 4, 20246 2O24 arce Mr. Andrew H. Pitner, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources 610 E. Center Avenue, Suite 301 Mooresville, North Carolina 28115 Subject: Notice of Violation - Tracking No. NOV-2024-DV-0111 Dear Mr. Pitner, This letter is a follow up to our Notice of Violation of the above referenced NOV. 1025 Kansas Street (Incident Number 202400028): • Incident occurred on 01-04-2024. • The SSO was caused by a partial root blockage. • We immediately dispatched a crew out to the location to inspect and cleaned the line. • The impacted area near the backup was flushed with fresh water, raked and lime spread. • Restoration of the site was completed as soon as the blockage was unstopped. City staff inspected downstream conditions and found no evidence of fish kills or any environmental impacts. • This section of sewer main is scheduled for contractor applied (Duke's Root Control) root control in the next few months. The project is funded and moving forward. Cost for this outfall section treatment is over $27,000 and includes 46 manholes and 1.79 miles of various sized sewer main (8-12 inch). • Our records indicate that the spill duration was 60 minutes. 1401 BETHPAGE ROAD, KANNAPOLIS, NC 28081 704.920.4444 WWW.KANNAPOLISNC.GOV S a g ,d°4' -4= IKA.N A I) • r, Water 41. VDP a r by • Resources } x :t w+ a 51,.:, 4511Paki .._.. 111`. n,,T r7 G m-- � 3 } . vim.§ . OREC" O March 4, 2024 '` HEGRJNAL u., a.s LL ,m ;.. Mr. Andrew H. Pitner, Regional Supervisor _ 'D fA- AI Water Quality Regional Operations Section Nco Mooresville Regional Office MAR -8 20a4 Division of Water Resources 610 E. Center Avenue, Suite 301 tSV►P.LEREGIONALA gee Mooresville, North Carolina 28115 Subject: Notice of Violation - Tracking No. NOV-2024-DV-0111 Dear Mr. Pitner, This letter is a follow up to our Notice of Violation of the above referenced NOV. 307 Cadillac Street (Incident Number 202400058): • Incident occurred on 01-08-2024. • The SSO was caused by a pipe failure from a utility strike while replacing a stormwater culvert. • The City of Kannapolis transportation department was on scene at the time of the strike and contacted the utility department. The utility department immediately dispatched a crew out to the location to inspect and began planning for an emergency bypass pump around. The manhole was plugged, and a bypass pump was installed. • The sewer flowing from the broken pipe was mostly contained and rerouted back to the sewer system. • The broken pipe section was bypassed for over two weeks while a contractor repaired the sewer main at a cost of over $26,500. • The final repair has been made and the system is in full operation. The stormwater culvert has also been replaced. 1401 BETHPAGE ROAD, KANNAPOLIS, NC 28081 704.920.4444 WWW.KANNAPOLISNC.GOV If you have any questions or comments, please contact me at 704-920-4252 Sincerely, A tent,AnuleAt sm Alex Anderson Water Resources Director City of Kannapolis 704-920-4252