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HomeMy WebLinkAboutNC0036641_Special Order By Consent_20170424Water Resources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Sea ettuv S. JAY ZIMMERMAN Director April 24, 2017 Mr. Gary P. Carlson, President/CEO Fletcher Academy Incorporated PO Box 5440 185 Academy Drive Fletcher, NC 28732 Subject: Non -Refundable Processing Fee Permit#: Special Order by Consent EMC SOC WQ S17-006 Fletcher Academy WWTP NPDES Permit Number NCO036641 Henderson County Dear Mr. Carlson: This is to acknowledge receipt of your application for a Special Order by Consent (SOC), accompanied by your check number 158622 in the amount of $400.00. These items were received in our office on April 20, 2017. If you have any questions concerning the SOC, you may contact the Water Quality Regional Operations Section staff of our Asheville Regional Office at (828) 296-4500, or Charles Weaver in our Raleigh central office at (919) 807-6391 (email: Charles.Weaver@ncdenr.gov). Sincerely, W re,, T t4 ford• Wren Thedford Wastewater Branch cc: Asheville Regional Office w/attachment SOC Files w/attachment Central Files w/attachment State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 F16cher Xca emy lnco�orate� Christian Businesses for Christian Education April 18, 2017 North Carolina Division of Water Resources Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Sir: Please find enclosed the following documents: RECEIVENNOEUDWR APR 2 0201? PWater(jualuty 6"ittirnggecion 1) Application for Special Order by Consent (SOC) from Fletcher Academy, Inc. (FAI) 2) Necessity Narrative & Supporting Documentation for FAI's SOC Application 3) Memorandum of Agreement between FAI and Henderson County for extension of the Mud Creek Interceptor and subsequent connection of FAI sewer system to the county sewer system FAI and Henderson County have entered into an agreement to collaborate in the extension of county sewer service that will result in FAI taking their lagoon offline and connecting to the county sewer system. The agreement outlines milestone dates for the project including the start of construction no later than April 30, 2018 and FAI's connection to the new sewer line no Later than December 31, 2019. FAI will continue to do all in its power to manage the existing lagoon and respectfully requests your consideration of this SOC which will allow FAI to use its financial resources to help construct the Mud Creek Interceptor. Thank you for your consideration. Sincerely, Gary P. arlson President/CEO Cc: G. Landon Davidson, P.G. Marcus A. Jones, P.E. William R. Buie, P.E. P. 0. Box 5440 • 185 Academy Drive • Fletcher, NC 28732 • phone: (828) 209.6700 • fax: (828) 209-6709 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES } DIVISION OF WATER RESOURCES APPLICATION FOR A SPECIAL ORDER BY CONSENT (SOC) I. PERMIT RELATED INFORMATION: 1. Applicant (corporation, individual, or other): Fletcher Academy, Inc. 2. Print or Type Owner's or Signing Official's Name and Title: Gary Carlson, President and CEO 3. Facility Name (as shown on Permit): _Fletcher Academy Wastewater Plant 4. Owner Phone: 828-209-6701 or 5. Owner Email: gcarlson@fletcheracademy.com 4. Application Date: 5. NPDES Permit No. (if applicable): NC 0036641 6. Name of the specific wastewater treatment facility (if different from I.3. above): II. PRE -APPLICATION MEETING: Prior to submitting this completed application form, applicants must meet with the appropriate regional office staff to discuss whether or not an SOC is appropriate for this situation. Please note the date this meeting occurred and who represented the permittee: Representative: Gary Carlson _ Date: �r►u r 11 Z aJ 7 III. ADDITIONAL FLOW OR FLOW REALLOCATION: In accordance with NCGS 143-215.67(b), only facilities owned by a unit of government may request additional flow. Additional flow may be allowed under an SOC only in specific circumstances. These circumstances may include eliminating discharges that are not compliant with an NPDES or Non -discharge permit. These circumstances do not include failure toperform proper maintenance of 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 the constituents in the proposed non-domestic wastewater. The total domestic additional flow requested: gallons per day. The total non-domestic additional flow requested: gallons per day. The total additional flow (sum of the above): -.0 _gallons per day. Please attach a detailed description or project listing of the proposed allocation for additional flow, with an explanation of how flow quantities were estimated. Further, any additional flow requested must be justified by a complete analysis, by the permittee, that additional flow will not adversely impact wastewater collection/treatment facilities or surface waters. IV. NECESSITY NARRATIVE: Please attach a narrative providing a detailed explanation of the circumstances regarding the necessity of the proposed SOC. Include the following issues: • Existing and/or unavoidable future violations(s) of permit conditions or limits(s), • The existing treatment process and any process modifications that have been made to date to ensure optimum performance of existing facilities, • Collection system rehabilitation work completed or scheduled (including dates), • Coordination with industrial users regarding their discharges or pretreatment facilities. Identify any non-compliant significant industrial users and measure(s) proposed or already taken to bring the pretreatment facilities back into compliance. If any industrial facilities are currently under consent agreements, please attach these agreements, • Date and outcome of last Industrial Waste Survey, • Whether or not the facility is acting as a regional facility receiving wastewater from other municipalities having independent pretreatment programs. V. CERTIFICATION: The applicant must submit a report prepared by an independent professional with expertise in wastewater treatment. This report must address the following: • An evaluation of existing treatment units, operational procedures and recommendations as to how the efficiencies of these facilities can be maximized. The person in charge of such evaluation must sign this document. • A certification that these facilities could not be operated in a manner that would achieve compliance with final permit limits. The person making such determination must sign this certification. • The effluent limits that the facility could be expected to meet if operated at their maximum efficiency during the term of the requested SOC (be sure to consider interim construction phases). • Any other actions taken to correct problems prior to requesting the SOC. 2 VI. PREDICTED COMPLIANCE SCHEDULE: The applicant must submit a detailed listing of activities along with time frames that are necessary to bring the facility into compliance. This schedule should include milestone dates for beginning construction, ending construction, and achieving final compliance at a minimum. In determining the milestone dates, the following should be considered: • Time for submitting plans, specifications and appropriate engineering reports to DWR for review and approval. • Occurrence of major construction activities that are likely to affect facility performance (units out of service, diversion of flows, etc.) to include a plan of action to minimize impacts to surface waters. • Infiltration/Inflow work, if necessary. • Industrial users achieving compliance with their pretreatment permits if applicable. • Toxicity Reduction Evaluations (TRE), if necessary. VII. FUNDING SOURCES IDENTIFICATION: The applicant must list the sources of funds utilized to complete the work needed to bring the facility into compliance. Possible funding sources include but are not limited to loan commitments, bonds, letters of credit, block grants and cash reserves. The applicant must show that the funds are available, or can be secured in time to meet the schedule outlined as part of this application. If funding is not available at the beginning of the SOC process, the permittee must submit a copy of all funding applications to ensure that all efforts are being made to secure such funds. Note: A copy of the application should be sufficient to demonstrate timeliness unless regional office has reason to request all information associated with securing funding. 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 is for a City / Town, the person signing the SOC must be a ranking elected official or other duly authorized employee. If the SOC 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 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. c. An evaluation report prepared by an independent consultant with expertise in wastewater. (in triplicate) APPLICANT'S CERTIFICATION: (NO MODIFICATION TO THIS CERTIFICATION IS ACCEPTABLE) I, _I G f a r, attest this application for a Special Order by Consent (S(, C) 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 package may be returned as incomplete. (Please be advised that the return of this application 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 of outstanding 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)].} Signing Official Date A THE COMPLETED APPLICATION PACKAGE, INCLUDING THE ORIGINAL AND TWO COPIES OF ALL SUPPORTING INFORMATION AND MATERIALS, 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 -DISCHARGE SYSTEM, THEN SEND TO: NORTH CAROLINA DIVISION OF WATER QUALITY AQUIFER PROTECTION SECTION 1636 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1636 L Necessity Narrative & Supporting Documentation Pletcher Academy, Inc. SOC Application HENDERSON COUNTY, NORTH CAROLINA ,��ti141IIIji 11I ae 0 22989 PREPARED BY: WGLA ENGINEERING, PLLC CONSULTING ENGINEERS 214 N. KING STREET HENDERSONVILLE, NORTH CAROLINA 28792 April 2017 Fletcher Academy Necessity Narrative Introduction: Fletcher Academy Incorporated (FAI) operates and maintains a wastewater treatment facility in northern Henderson County that operates under permit number (NC 0036641). The treatment facility is an aerated lagoon system with chlorination and dechlorination systems at the discharge location. Over the past several years, Fletcher Academy has had difficulty meeting the permitted discharge limits. Specifically, the facility has received notices of violation and assessments for civil penalties for failure to meet BOD and NH3 discharge limits. These violations have occurred despite the best efforts of FAI to operation the facility as efficiently as possible. Some of these efforts have included the removal of the Fletcher Academy laundry, installation of a dechlorination system on the influent side of the lagoon, removal of sludge from the lagoon and numerous other activities recommended through NCDEQ technical assistance visits. The conclusion is that the lagoon facility simply not able to meet the discharge limits due to dated technology. In 2015, FAI began the process of investigating alternatives for wastewater treatment and disposal. Over the course of several months, it was determined that the best long term solution was to abandon the lagoon and connect to the Cane Creek Water and Sewer District sewer system located approximately 2 miles away. FAI and Cane Creek/Henderson County recently executed an agreement for the extension of the Cane Creek sewer system to the FAI property. A copy of that agreement is attached with this document. The connection to the Cane Creek system will eliminate the discharge from the FAI lagoon and will allow for the abandonment and decommissioning of the facility. The Cane Creek sewer collection system connects to the Metropolitan Sewer District of Buncombe County system for final treatment and discharge at the treatment facility in Woodfin. Necessity: Based on the efforts of FAI to operate the treatment facility as efficiently as possible, it is realistic to believe that future violations of the permit limits of BOD and NH3 will continue to occur. Since the existing process utilizes a lagoon and floating aerators for treatment, there are limited options to optimize the treatment process. In the past FAI has re -circulated effluent from pre -chlorination back. to cell #1 in the lagoon. This has helped to reduce BOD levels in the effluent. Fletcher Academy has undertaken the following efforts to improve the operation of the facility: Fletcher Academy Necessity Narrative Page 1 -Elimination of the laundry on the Fletcher Academy campus thereby reducing flow to the treatment facility by approximately 10,000 — 15,000 GPD and eliminating the possibility of toxic discharges to the sewer system. This was completed on July I, 2015. -A dechlorination tablet feeder system was installed at the influent phase of the sewer system before discharge to the lagoon. This was installed in June 2014. - Monitoring in the lagoon of COD/BOD began in June, 2009 to allow for an adjustment of effluent discharge levels facilitating improved BOD discharge levels. - Elimination of possible toxic chemical discharges from the Aquatics facility at the Lelia Patterson Center by preventing accidental discharges from entering the floor drains and ultimately into the sanitary sewer system. -Continued education and outreach with Park Ridge Health and all sewer users for the elimination of any toxic substances discharged to the sewer system (ongoing). -Various repairs to the sewer collection system to help improve the quality of the influent wastewater to the treatment plant. Many of these repairs included discontinuing obsolete terracotta piping that was subject to infiltration and stagnate conditions as a result of age and poor manhole construction. -During the past several years FAI staff has met with Fred Sommers of the NCRWA as well as Don Price with DWQ and held Technical Assistance visits (TAs) TA with the Morrisville Regional Office. As result of their recommendations FAI has installed a 2000 gallon aerated holding tank. at the laundry, installed an additional 15 HP floating aerator in cell # I, replaced all three floating curtains between cells I and 2, 2 and 3, 3 and 4, and dredged excessive sludge from cells 3 and 4 several times. Virtually all recommendations from past TA's have been completed. Selected Alternative for Wastewater Treatment and Disposal: As noted earlier, FAI has entered into an agreement with Henderson County and the Cane Creek Water and Sewer District to extend the public sewer system to the FAI site. The sewer system will be extended approximately two miles to the site and when completed will connect to the FAI sewer collection system upstream of the existing lagoon. At that time, all wastewater from FAI (and associated facilities) will be collected through the public sewer system and transported to the MSD of Buncombe County WWTP for treatment and disposal. Based on the agreement, FAI will contribute to the cost of the extension of the Cane Creek sewer collection system. The extension is currently scheduled to be designed, permitted, constructed and placed into operation on or before December 31, 2019. At that time, FAI will cease to discharge new wastewater to the lagoon treatment system. Fletcher Academy Necessity Narrative Page 2 Once the new collection system is operational and FAI is no longer discharging to the lagoon, FAI will begin the process of the lagoon closure. FAI will follow the NCDEQ Guidelines for the Closure of Permitted Wastewater Ponds and Lagoons. Prior to connection to the Cane Creel-, Sewer System, FAI will sample the lagoon wastewater in accordance with the permit conditions. FAI will work with NCDEQ and the Cane Creel-, Water and Sewer District to dewater the lagoon by discharging to the new sewer system or through a pump and haul permit issued by DEQ. Once dewatered, FAI will sample the remaining sludge per DEQ protocol. Following testing, FAI will work with DEQ to dispose of the sludge by either leaving in place or by land application. FAI will work with the Asheville Regional Office during lagoon closure process. The schedule for the final closure will be established during the sampling and testing process listed above. Certification: As noted above, the FAI treatment system is operating as efficiently as possible under the guidance of James and James Environmental. FAI has incorporated and acted on all recommendations provided during NCDEQ technical assistance inspections and by various consultants. Based on this, it is our opinion that the FAI treatment system cannot be operated in a manner that would achieve compliance with the final permit limits. We believe the FAI treatment system could be expected to meet the following effluent limits if the system is operated at maximum efficiency: Recommended Effluent Limits as follows: TSS — Same Fecal Coliform — Same BOD — 75 mg/I NH3 — winter — 20 mg/I - Summer — 10 mg/I Or 20 mg/l all year Fletcher Academy Necessity Narrative Page 3 STATE OF NORTH CAROLINA COUNTY OF HENDERSON MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is made the Sth day of December, 2016, by and between Fletcher Academy, Inc., a North Carolina non-profit corporation (the "Academy"), The Layman Foundation of North Carolina, Inc., a North Carolina non-profit corporation (the "Foundation"), and the County of Henderson, a body corporate and politic of the State of North Carolina (the "County"); the Academy, Foundation, and County being sometimes hereinafter referred to collectively as the "Parties" and singularly as a "Party". Background of the Agreement 1. The Academy operates various educational and related institutions on that certain parcel of property located within the Hoopers Creek Township, Henderson County, North Carolina (the "Property"), which Property is partially depicted on the Mud Creek Interceptor / Extension rendering attached hereto as Exhibit A (the "Plans"), which Property is owned by the Foundation. 2. The Academy and Foundation currently operate a private sewer system and package plant, and desire to close such plant and to connect to the sanitary sewer system operated by the County. 3. The County, through its Cane Creek Water and Sewer District ("CCWSD"), desires to extend its existing sanitary sewer system to the Property in connection with the Mud Creek Interceptor Project (the "Project") as shown on the Plans in order to provide such sewer system for the benefit of the Property. 4. The parties have agreed that the Academy contribute the sum of One Million Twenty Five Thousand and no/100s dollars ($1,025,000.00) (the "Private Contribution") to the cost of construction of the Project, subject to the terms and conditions contained herein. Agreement Now, therefore, for and in consideration of the premises, the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Obligations of the County: a. The County will construct the Project, including, without limitation obtaining and providing through CCWSD design, permitting, right of way acquisition and construction of the Project substantially as depicted on the Plans, at the cost and expense of CCWSD. The County agrees to use its best efforts to complete the Project to the Point of Connection, such term being defined as the point where the Academy will connect to the new sewer line being constructed as part of the Project, which the Parties agree is the location where the existing private system R&S 1730862_1 operated by the Academy currently discharges into the lagoon on the Property, on or before the 31st -lay of December, 2019 (the "Project Completion Date"). b. The County will use its best efforts to enter into contracts in connection with the construction of the Project not later than the 28th day of February, 2018 (the "Contract Deadline"). c. The County will use its best efforts to commence construction of the Project not later than the 30th day of April, 2018 (the "Project Commencement Date"). d. Nothing herein shall be construed to require any expenditure of any County funds other than those of CCWSD, its successors and assigns. e. Upon the payment of the Private Contribution to the County the County shall cancel and forfeit the Letter of Credit described below. 2. Obligations of the Foundation: a. The Foundation agrees to grant such easements to the County for the construction, maintenance, and repair of the sewer lines and accessories as may be reasonably requested by the County in connection with construction of the Project. b. The Foundation agrees to cooperate with the County as reasonably requested in the event the County seeks to obtain grant funding to further defray the cost of construction of the Project. 3. Obligations of Academy: a. The Academy shall connect all the structures operated by the Academy to the sewer line constructed by or for the County upon completion of the construction of the Project. b. The Academy shall pay when billed not prior to the completion of the construction of the Project all applicable service, connection, availability or other fees lawfully imposed by the County. c. The Academy shall pay and deliver, by not later than the date upon which the County executes the contract(s) for the construction of the Project (which date the parties stipulate will not be prior to January 31, 2018), the entire sum of the Private Contribution to Bank of North Carolina, or such other institution as the Parties may mutually agree, as escrow agent (the `Bank"), to hold with obligations as stated below.: i. The Private Contribution shall be placed in a segregated account. Any interest earned on the Private Contribution while maintained in such account shall accrue to the benefit of the Academy, and may be periodically withdrawn by the Academy. R&S 1730862_1 ii. Upon the deposit of the Private Contribution, the Bank shall execute a letter of credit in favor of the County and CCWSD (the "Letter of Credit"), securing payment of the Private Contribution upon completion of the Project as otherwise contemplated herein. The Letter of Credit may contain limitations on the payment of the Private Contribution not inconsistent with this Agreement. Specifically, and without limiting the generality of the foregoing, the Parties agree that the Letter of Credit shall provide that in the event the Project is not commenced by the Project Commencement Date or substantially complete as provided in Paragraph 3(c)(iii) below by the Project Completion Date, time being of the essence with respect to both dates, the Letter of Credit shall be cancelled and the Private Contribution returned to the Academy. iii. At such time as the Project is substantially complete, substantial completion being defined as when sanitary sewer service is available to the Point of Connection and ready for connection and utilization by the Academy as reasonably determined and certified to the Parties by the Project engineers, the Private Contribution shall be paid to the County for benefit of CCWSD. In the event the Academy defaults in its payment of the Private Contribution, the County shall have all rights to receive payment directly from the Bank pursuant to the Letter of Credit. d. The Academy agrees to cooperate with the County as reasonably requested in the event the County seeks to obtain grant funding to further defray the cost of construction of the Project, e. The Academy agrees to cooperate with the Foundation in connection with the grant of easements as otherwise contemplated herein. 4. Termination, This Agreement may be terminated by the Academy or the Foundation at any time upon the County's failure to commence or complete construction of the Project as set forth herein, time being of the essence with respect to such dates, upon written notice of termination to the County. Upon such termination, the County shall immediately cancel and forfeit the Letter of Credit and authorize the release of the depository account in which the Private Contribution is held. With the exception of the return of the Private Contribution, upon such termination, the Parties shall have no further obligation to the other pursuant to this Agreement. 5. General. a. Assignment. This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. No Party shall assign this Agreement without the prior written consent of the other Parties, which will not be unreasonably withheld. Notwithstanding the above, it is contemplated that the CCWSD may be incorporated into the Metropolitan Sewerage District of Buncombe County ("MSD"), and the Parties agree to cooperate as needed to assist with the assignment of the County's obligations to the Foundation and Academy hereunder to MSD. R&S 17308621 b. Governing Law; Venue. The interpretation and construction of this Agreement, and all matters relating hereto (including, without limitation, the validity or enforcement of this Agreement), shall be governed by the laws of the State of North Carolina without regard to any conflicts or choice of law provisions of the State of North Carolina that would result in the application of the law of any other jurisdiction. The venue to enforce the Parties rights hereunder shall be the civil superior court for Henderson County, North Carolina. C. Notices. Unless otherwise provided herein, any notice, request, instruction or other document to be given hereunder by any party to any other party shall be in writing and shall be deemed to have been given upon personal delivery, if delivered by hand or courier, or upon the date of mailing if sent via certified mail, return receipt requested, or via prepaid overnight courier service, and in each case at the respective addresses or numbers set forth below or such other address or number as such party may have fixed by notice: Fletcher Academy, Inc. Attn: President 185 Fletcher Academy Drive Fletcher, NC 28732 Fax: (828) 209-6719 Email: gcarlson@fletcheracademy com The Layman Foundation of North Carolina, Inc. Attn: President P.O. Box 481 Collegedale, TN 37315 Fax: N/A Email: Bert Coolidge - Coolidge@southern.edu County of Henderson Attn: Chairman, Board of Commissioners 1 Historic Courthouse Square, Suite 1 Hendersonville, NC 28792 Fax: (828) 697-4536 Email: rburrell@hendersoncountync.org d. Entire Agreement. This Agreement, including the other documents referred to herein and the Exhibits hereto which form a part hereof, contains the entire understanding of the Parties hereto with respect to the subject matter contained herein and therein. This Agreement supersedes all prior agreements and understandings between the Parties with respect to such subject matter. e. Amendments. This Agreement may not be amended, supplemented or modified orally, but only by an agreement in writing signed by each of the Parties hereto. f. Counterparts. This Agreement may be executed in two or more counterparts or by facsimile transmission, or by electronic delivery of pdf signatures, all of which taken together shall constitute one instrument. MS 1730662_1 IN WITNESS WHEREOF, the Parties have executed this Agreement by and through their duly authorized officers to be effective the day and year first written above. FLETCHER ACADEMY, INC. f Presid n 1.% Attest: THE LAYMAN FOUNDATION OF NORTH CAROLINA, INC. By: P esident COUNTY OF HENDERSON By: ! f j' Chairman, Board of C missioners I R&S 1730662_1 `porate Secretary Attest: Corporate Secretary Attest: Clerl to the Board of Commissioners