WQCS00021_DV-2024-0098 Remission Request_20241012

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2024-0098 NCDePtoft r,-;ir 33;, c:,« i Q�a�aly County: Wilson
Assessed Party: City of Wilson
Permit No.: WQCS00021 Amount Assessed: $3,101.00
Nov 12 2024
Please use this form when requesting remission of thisIcivil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare, for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
IT Iez'se See o3 e: 1cNk'C"

STATE OF NORTH CAROLINA
COUNTY OF WILSON NOV 12 2024
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST }
City of Wilson )
Wilson Collection System )
PERMIT NO. WQCS00021
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2024-0098
Having been assessed civil penalties totaling $3,101.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 8, 20241 the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
fir � }
This the 2 day of 1 "OV '�� , 20_a4
7
SIGNATURE
ADDRESS
Q a � to
.Son JJL a-7-1 R
TELEPHONE

NOV
November 7, 2024 n. j�-
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Request for Remission
Case No.DV-2024-0098
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Ms. Manuel,
The City of Wilson requests remission of the Civil Penalty issued on October 8, 2024 by NCDEQ (DV-
2024-0098) in the amount of $3,101.00. The City of Wilson is requesting the remission due to (1) "one or
more civil penalty assessment factors ... was wrongfully applied to the detriment of the petitioner" and
(5) "payment of the civil penalty will prevent payment for the remaining necessary remedial actions".
Below is a summary of each incident and the justification for requesting the remission due to the two
factors:
Incident # 202400592-On Thursday, March 7, 2024, at approximately 8:30 AM, the water infrastructure
department became aware of a sanitary sewer overflow at 2658 Tilghman Road North, Wilson, NC. The
cause of the overflow was inflow and infiltration. Heavy rains caused creek levels to rise, which resulted
in the spill. After creek levels subsided the overflow stopped at approximately 6:30 PM the same day.
Affected areas were cleaned and lime spread. An estimated 48,000 gallons reached surface waters. The
City of Wilson also set up a bypass to be used during high flow events to reduce the potential for
sanitary sewer overflows, Ultimately, the bypass did not achieve the desired results of eliminating future
SSOs, thus a second sewer spill occurred on March 28, 2024. The total cost for cleanup and setup of the
bypass equipment by City staff was estimated to be $3,000.
Incident # 202400730- On Thursday, March 28, 2024, at approximately 8:00 AM, the water
infrastructure department became aware of a sanitary sewer overflow at 2658 Tilghman Road North,
Wilson, NC. The cause of the overflow was inflow and infiltration. Again, heavy precipitation caused the
creek level near the easement to rise and caused the spill. After levels dropped the spill stopped at
approximately 7:30 PM. Affected areas were cleaned, and lime spread. An estimated 29,100 gallons
reached surface waters. The bypass set up did not eliminate the second SSO, however, it did result in a
decrease in the amount of sewer discharged. Lowering the volume of the second SSO (48,000 gallon SSO
compared to a 29,100 gallon SSO over approximately the same time frame). The total cost for cleanup
and running the bypass equipment by City staff was estimated to be $1,000.
Remission Factor #1: The assessment factors did not take into the cost of rectifying the damages as that
information was not provided to NCDEQ. The initial cost to clean up the sewer spills by City staff was

12
approximately $4,000. After failure of the bypass to alleviate the sanitary sewer overflow within the ?,,^
outfall, the City moved forward with hiring a contractor to clean the gravity sewer main and remove all
sediment/debris to maximize line capacity with the hope of eliminating sanitary sewer overflows until a
permanent fix could be installed. Duke's performed the outfall cleaning at a cost of $160,242.15 (invoice
is attached).
Remission Factor #5: The ultimate fix to minimize the risk of sanitary sewer overflows along this outfall
in the complete replacement and/or rehabilitation of the gravity sewer main. The existing sewer main
quickly collects gravel/debris due to its slope. Additionally, cleaning the outfall is difficult due to poor
access. The City of Wilson has received an EPA STAG award in the amount of $3,452,972 to assist with
the replacement and potential upsizing of the gravity sewer main. The goal will be to relocate the gravity
main further from the swamp easing access for heavy equipment to allow more frequent cleaning. This
will result in a decrease in the probability of sewer spills as the main will be more easily maintained. See
the attached Community Grant Workplan prepared by Freese and Nichols to perform the design work
for the outfall replacement.
Additionally, as stated in the 5-day SSO report, 1/1 contributed to both sewer spills. The City of Wilson
has performed smoke testing and manhole inspections in the sewer basin tributary to the outfall at a
cost of $189,218.69. The City of Wilson is prepared to perform work to alleviate any obvious sources if
1/1 identified in the engineering condition assessment report being prepared by the contractor. An
invoice by Duke's is attached as well for smoke testing, manhole inspections, and the condition
assessment report.
In total, the City of Wilson has spent approximately $353,460.84 (City response, outfall cleaning, and 1/1
investigation) in immediate actions and further plans to spend an additional $3,452,927 in the future to
further minimize the potential of sanitary sewer overflows on this outfall. While the civil penalty is only
a small portion of the total costs associated with the rehabilitation of this failing infrastructure, any
penalty money spent takes away from the available resources to continue fixing these issues.
Please reconsider the two factors above and lower or eliminate the civil penalty.
I can be reached at [phone] with further questions or at kmanning2wilsonric.org.
Sincerely,
Kyle F. Manning, CFM, PE
Assistant Director of Public Works
Cc: Grant W. Goings — City Manager
L. Aaron Bailey — Division Maintenance Superintendent (ORC)
W. T. Bass IV, PE — Public Works Director
Brooks Bunn —Water Infrastructure Division Manager
Enclosures: Duke's Invoice for Cleaning Outfall
Duke's Invoice for Smoke Testing and Manhole Inspections
Community Grant Workplan for Outfall Replacement

Community Grant Workplan — Engineering Design Phase
City of Wilson Sewer Collection System Improvements
(Tilghman Road Sanitary Sewer Outfall Replacement and STAG Administration)
I. Project Objectives and Need
The City of Wilson (the City) is carrying out the Tilghman Road Sanitary Sewer Outfall Replacement and
STAG Administration project to resolve the numerous sanitary sewer overflows (SSOs) occurring along
the portion of existing 18-inch gravity sewer between Tilghman Road and Ward Boulevard. These SSOs
occur during rain events and are the result of Inflow/Infiltration being compounded by constricted flow
due to substantial sediment buildup within the pipe and insufficient slope to maintain flushing velocity.
Additionally, the existing manholes are of poor condition. The existing infrastructure is impacted by the
displacement of manhole lids, proximity of residential areas, and exposure of the sewer mains due to
nearby stream bank erosion. Short-term solutions such as bypass pumping are expensive to maintain,
undermine the confidence of the public in the City, and expend valuable resources that could be spent
elsewhere. The proposed project will replace this underperforming infrastructure and prevent future
spills along the Tilghman Road Outfall from impacting the City.
2. Project Description
The proposed project includes the replacement of approximately 5,500 linear feet of 18-inch diameter
gravity sewer and associated manholes installed in 1998 (Figure 1). Through a competitive procurement
process, the City has engaged the services of Freese and Nichols, Inc. (FNI) to provide engineering design
and grant administration services for this project. FNI will proceed with the work as outlined in this
workplan, to evaluate various possible design alternatives, select the most cost beneficial alternative,
and assist with the NEPA process and environmental and other regulatory permitting. FNI will also assist
the City with the bidding and procurement process of soliciting and receiving bids for the Construction
Phase services of this project. A separate workplan shall be provided at a later date for Construction
Phase activities.
Community Grant Workplan — Engineering Design Phase
City of Wilson Sewer Collection System Improvements 1 of 5

The City intends to use the Community Grant to design and replace the Tilghman Outfall from Tilghman
Road to Ward Boulevard. If budget allows, the City would be interested in extending the project
boundaries further southeast to include manhole rehabilitation due to deteriorating manhole conditions.
2.1. Alternative Evaluation and NEPA Process
The City will evaluate possible design alternatives utilizing publicly available data and begin
coordinating the NEPA Review process with the EPA as soon as possible. Various methods for sewer
replacement, focusing on cost, feasibility, environmental impacts, and performance will be
evaluated. The alternatives will include paralleling the existing outfall, replacing the existing outfall in
place, or re-routing the outfall along a new alignment. Desktop resources (GIS, Google Earth, etc.)
will be used to develop preliminary route alternatives. The Alternative Analysis will be a collaborative
process between the City and FNI, so that once a preferred alternative is identified, FNI can proceed
with design while the NEPA process is completed. Upon selection of a feasible alternative, FNI will
engage the services of a surveying firm to obtain topographic data of the planned sewer corridor.
2.2. Design
Selection of an alternative will allow the City to proceed with design concurrently with the NEPA
process. FNI will prepare construction plans and specifications in accordance with applicable
regulations and permit approval requirements. Additionally, a final Opinion of Probable Construction
Costs (OPCC) will be sent to the City prior to the construction phase of the project. Topographic and
planimetric data of the current corridor will be gathered as part of the surveying process. If
additional corridors are considered as alternative routes, the City will assess the need for a Quality
Level B subsurface utility engineering (SUE) survey for potential utility crossings. A geotechnical firm
will be subcontracted to conduct subsurface geotechnical investigations along the proposed pipe
alignment. Should any construction impacts be anticipated based on the EPA's analysis of the
selected alternative, FNI is scoped to provide stream restoration and rehabilitation services.
2.3. Permitting
Various permits will be required prior to construction. The City will utilize FNI to obtain permits for
Erosion and Sedimentation Control from the North Carolina Department of Environmental Quality, as
well as a possible encroachment agreement from the North Carolina Department of Transportation
for any work occurring within their right of way.
2.4. Grant Administration
The City intends to use FNI to assist with Grant Administration purposes for the duration of this
project, including assistance with preparation of documents and applications.
2.5. Advertisement/Bid/Award
Upon permit approval, the City will proceed with a competitive bid process for Construction services.
FNI will assist the City in providing all necessary information for the preparation of the project bid
advertisements and managing the competitive bidding process including the preparation of bid
Community Grant Workplan — Engineering Design Phase
City of Wilson Sewer Collection System Improvements 3 of 5

packages for prospective bidders, responding to bidder inquiries concerning the technical aspects of
the project, preparing any and all necessary addenda to the bid package, attending the pre -bid
meeting and bid opening to answer any questions as may arise. Upon receipt of bids, The City will
review bids for accuracy, investigate bid documents for eligibility and completeness, make
recommendation to the City Council regarding the acceptance of the lowest eligible bid, and other
technical assistance as may be requested.
The total cost of the proposed project is $3,452,972. The City of Wilson's Cost Share ($863,243) was
waived by the EPA on September 07, 2023. The budget for the proposed project's grant activities will
include $430,621 for all Design, Permitting, and Grant Administration activities as described above, with
the remaining $3,022,351 being allocated for the construction of the replacement sewer outfall. This
Workplan submittal is strictly for the $430,621 of the project budget that will be used to complete the
Engineering Design phase, with the remaining $3,022,351 being allocated for all construction phase
activities.
3. Milestone Schedule
GrantAcuwsr
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Design
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Adveruse/MdlAwerd
Construction
Pm ect/Grant QDseaUl
PNI expects the design process to begin July 1, 2024, construction to begin by November 1, 2025 and
project/grant closeout by June 1, 2026.
4. Environmental Results/Benefits
The proposed Project aligns with the EPArs FY2022 - FY2026 Strategic Plan Goal 5: Ensure Clean and Safe
Water for All Communities, Objective 5.2: Protect and Restore Waterbodies and Watersheds. The
anticipated Environmental outputs from the proposed project will be the replacement of approximately
Community Grant Workplan - Engineering Design Phase
City of Wilson Sewer Collection System Improvements 4 of 5

5,600 linear feet of 18-inch diameter gravity sewer that is experiencing numerous Sanitary Sewer
Overflows (SSOs) during rain events.
Goal One: Eliminate SSOs to the Nearby Watershed
This Goal, along with its associated outputs and outcomes is consistent with EPA Strategic Plan Goal 5,
Objective 5.2.
Goal 1 Outputs and Outcomes
1.1 Alternative Analysis — Scheduled Completion Date by October V, 2024
• Output: Alternatives will be evaluated that determine a viable sewer replacement which
considers cost, feasibility, environmental impacts, and performance. This will require a desktop
review of publicly available data (GIS/Google Earth) and field visits. A comparison of the
alternative will be documented in a brief technical memo.
+ Outcome: Reviewing possible alternatives will allow the City to select a future design that will
minimize impacts to the nearby watershed and maximize the extents of rehabilitation possible.
1.2 Replacement Sewer Design — Scheduled Completion Date by July 11, 2025
+ Output: Construction plans and specifications for the replacement of the existing sewer system
will be completed that provide a sewer system that eliminates SSOs and meets design standards
that provide sufficient capacity and velocity to prevent sediment deposition and improve long-
term resiliency and operation.
• Outcome: Construction plans and specifications will provide the guidance needed to the
selected Contractor to build a system that minimizes impacts to the surrounding environment,
adheres to conditions of any permits received, and complies with environmental regulations.
5. Workplan Requirements for Identifying Contractors
The City of Wilson has selected FNI to provide design, permitting, and grant administration services for
this project via formal procurement methods as outlined in 2 CFR 200.320 (b) (2). The Workplan
Requirements for procurement transactions for construction contractors will be submitted as part of the
future Construction Phase Workplan.
6. Workplan Requirements for Identifying Subrecipients
The City of Wilson does not anticipate making subawards. The project budget will be allocated entirely to
cover the costs of Engineering Design and Construction. Any award made by the City of Wilson will be in
accordance with 2 CFR §§ 200.318 through 200.327.
Community Grant Workplan — Engineering Design Phase
City of Wilson Sewer Collection System Improvements 5 of 5

ODUKEFS
ROOTED IN INNOVATI7ON-
CITY OF WILSON
1800 Herring Avenue
Wilson NC 27893
USA
INVOICE
Document Number
Document Date Page
28394
09/30/2024 1/1
Customer No.
Contact / Phone / Email
C-002597
AARON BAILEY
252.296-3416
Dept: Sewer Maintenance abailey0wilsonnc.org
Duke's Job Number
PO Number
3457
175519
Payment Terms
Net 30
Shipping Type FOB Paint
Delivery Address
CITY OF WILSON
112 Goldsboro St E
Wilson NC 27893
USA
Job Details
Bundled Service-2405-CITY OF WILSON - Sewer Asset Inventory and Assessment-2412
Description
Quantity
UOM
Price
Total
Engineering Condition Assessment Reporting
0.168966
HR
$ 29,000.00
$ 4,900.01
Item Code: S-S-ENG-CAR-001
Engineer II (Project Engineer)
6
HR
$ 129.20
$ 775.20
Item Code: S-S-SER-ENG-002
Engineer III (Senior Project Engineer/PM)
21
HR
$ 151.09
$ 3,172.91
Item Code: S-S-SER-ENG-003
Manhole scanning Inspection service area
0.978778
EA
$ 96,600.00
$ 94,549.95
Item Code: S-S-SER-MHSISA-001
22 Smoke Testing
1.00
EA
$ SS,620.00
$ 85,883.62
Item Code: S-S-SER-SMTST-022
Invoice Subtotal:
$ 189,281.69
Total Before Tax: $ 189,281.69
Total Tax Amount: $ 0.00
Total Amount: $ 189,281.69
Balance Due: $ 189,281.69
Remittance Address ��Amound
Duke's Root Control, Inc. Tax ID No.: 75-3026801 Phone:
400 Airport Rd., Suite ElincElgin IL 60123 Fax:
All credit card chargWebsite: www.dukes.com E-Mail:
3% convenien
800-447-6687
315475.4203
[e-mail]

* 021
DUKE'S
ROOTED IN INNOVATION-
NOV 12 204
CITY OF WILSON
1800 Herring Avenue
Wilson NC 27893
USA
Document Number
Document Date
26852
10/23/2024
Customer No.
Contact / Phone / Email
C-002597
Kyle Manning
252-296-3416
Dept: Sewer Maintenance kmanning*wilsonnc.org
Duke's Job Number PO Number
3730
Payment Terms
Net 30
Shipping Type
Delivery Address
CITY OF WILSON
112 Goldsboro St E
Wilson NC 27893
USA
FOB Point
INVOICE
Page
1/1
Job Details
Bundled Service-2407-CITY OF WILSON - Tilghman Road Sanitary Sewer Outfall Cleaning-2409
Description Quantity UoM Price 10;al
Cleaning 18" Sewer 6372.084 FT $ 25.00 $ 159,302.15
Item Code: S-S-SER-I8HCLON-001
Mobilization - SSES - CCTV Services 1 EA $ 950.00 $ 950.00
Item Code: S-S-SER-MOBIL-CCT
Invoice Subtotal: $ 160,252.15
Total Before Tax: $ 160,252.15
Total Tax Amount: $ 0.00
Total Amount: $ 160,252.15
Balance Due: $ 160,252.15
Remittance Address 'VISA
Duals Root Control, Inc. Tax ID No.: 75-3026801
400 Airport Rd., Suite E
Elgin, IL 60123 A11 credit card charges will incur i
Website: www.dukes.com
3% convenience fee
Accounti
Phone:
800-447-6687
Fax:
315-475-4203
E-Mail;
[e-mail]