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HomeMy WebLinkAboutWQ0029579_Final Permit_20051130F WA7-F O�Q 9Q� Michael F. Easley, Governor �, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ,C Alan W_ Klimek, P-E. Director Division of Water Quality November 30, 2005 MR. AMES B. FLYNN, VICE PRESIDENT OF ADMINISTRATION LOWE'S COMPANIES, INC. 1000 LOWE'S BOULEVARD MooRESVILLE, NORTH CAROLINA 28117 Subject: Permit No. WQ0029579 Lowe's Companies, Inc. Lowe's Corporate Aviation Facility Pump and Haul Iredell County Dear Mr. Flynn: >n accordance with the permit application package received on November 30, 2005, we are forwarding herewith Permit No. WQ0029579, dated November 30, 2005, for the temporary pumping and hauling of wastewater from the subject facility. This permit shall be effective from the date of issuance until January 31, 2006; shall rescind Permit No. WQ0028891, issued to Lowe's Companies, Inc. on June 1, 2005; and shall be subject to the conditions and limitations as specified therein. As always, please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. In the previous permit that approved this pump and haul activity (i.e., Permit no. WQ0028891, issued on June 1, 2005), the Division of Water Quality (Division) stated that it would have significant reservations about issuing another pump and haul permit to this facility and urged that every effort be dedicated to ensuring that construction of the collection system extension be completed on time so that connection of the facility could occur before the November 30, 2005 permit expiration date. On November 16, 2005, the Division received a telephone call from Mr. Rob Hites, City Manager of the City of Statesville to explain the current situation with respect to the construction of the collection system extension. Phase One of the installation progressed quickly, especially due to the fact that the contractor used two crews to complete the sewer line installation from opposite ends. It appeared as if the facility would be connected no later than November 28, 2005. While completing Phase Two of the installation, the contractor encountered a rock dome that was not discovered by pre -construction exploratory borings. The rock required blasting (i.e., limited to daylight hours only) and pumping of significant amounts of groundwater in order to install the sewer line. Installation rates dropped from hundreds of linear feet per day to only about 20 feet per day because of this difficult and potentially dangerous process. When this occurred, it was clear that the November deadline would not be met. It is apparent to the Division that the impediments encountered during the construction of the collection system extension are out of the control of the contractor, the City of Statesville and the Permittee. Significant resources have been expended to expedite the installation of the sewer line and the subsequent connection of this facility as much as possible since the issuance of Permit No, WQ002889. For this reason, the Division is issuing a pump and haul permit for this facility one more time; however, based on a conservative estimate for a successful connection provided by Mr. Hites, it will expire at the end of January rather than at the end of the normal six-month period typically provided with pump and haul permits. Be aware that, as before, the Division will have significant reservations about issuing another pump and haul permit to this facility. No°hCarolina Natyrally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal OpportuniWAffirmaWe Action Employer— 50% Recyded/10% Post Consumer Paper Mr. Ames B. Flynn November 30, 2005 Page 2 If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 1601 Mail Service Center, Raleigh, North Carolina 27699-1601. Unless such demands are made, this permit shall be final and binding. If you need any additional information concerning this matter, please contact Ms. Shannon Mohr Thornburg by telephone at (919) 715-6167 or via e-mail at shannon.tho burg@ncmail.net. Sincerel rr lI or Alan W. Klimek, P.E. cc: Mr. Brian L. Tripp, P.E., W.K. Dickson & Co., Inc. Mr. Robert W. Hites, City of Statesville Iredell County Health Department Mooresville Regional Office —Surface Water Protection Section APS Central Files APS Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH PUMP AND HAUL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Lowe's Companies, Inc. Iredell County FOR THE operation of a 500-gallon per day pump and haul facility to serve the Lowe's Corporate Aviation Facility located off Airport Road West in Iredell County with no discharge of wastes to the surface waters, pursuant to the permit application package received on November 30, 2005, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until January 31, 2006; shall rescind Permit No. WQ0028891, issued to Lowe's Companies, Inc. on June 1, 2005; and shall be subject to the following specified conditions and limitations: I. This permit shall become voidable unless the subject pump and haul activities are carried out in a manner which has been approved by the Division of Water Quality (Division). 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities shall be properly maintained and operated at all times. 4. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 5. No type of wastewater other than that from Lowe's Corporate Aviation Facility shall be included in the pump and haul activities. 6. The permit shall become voidable unless the agreement between the applicant (i.e., Lowe's Companies, Inc.), hauler (i.e., Lentz Septic Tank Service, Inc.), and wastewater treatment facility receiving the wastewater (i.e., the City of Statesville's Third Creek WWTP) for the collection, transportation, and ultimate disposal of the wastewater is in full force and effect. 7. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and take such immediate corrective action as may be required by the Division. 8. This pump and haul permit shall not be renewed. 9. The sewage and wastewater collected by this system shall be treated in the City of Statesville's Third Creek Wastewater Treatment Plant (i.e., NPDES Permit No. NC0020591) prior to being discharged into the receiving stream. 10. The Permittee is liable for any damages caused by a spill or failure of the pump and haul operations. 11. Adequate inspection., maintenance, and cleaning shall be provided by the Permittee to ensure proper operation of the subject facilities. 12. The Permittee or his designee shall inspect the wastewater collection facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for as long as the pump and haul activities are being conducted and shall be made available upon request to the Division or other permitting authority. 13. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater collection facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms `and conditions of this permit; and may obtain samples. 14. An accurate record of the monthly pump and haul activities must be maintained by the Pcrrnittee, indicating: a. Date wastewater is removed from the facility, b. Name of facility from which wastewater is removed, c. Name of facility receiving wastewater, d. Volume of wastewater removed, and e. Status of permanent disposal option. These records shall be submitted to the Surface Water Protection Section of the Division's Mooresville Regional Office at 610 East Center Avenue, Suite 301, Mooresville, NC 28115 on or before the fifteenth day of each month following the commencement of the pump and haul activities and until the activities have ended. 15. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143- 215.6. 16. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (i.e., local, state, and federal), which have jurisdiction. 17. The Permittee shall provide for monitoring and/or inspection of the wastewater level within the manhole from which the wastewater is to be pumped. 18. Noncompliance Notification: The Permittee shall report by telephone to the Surface Water Protection Section of the Division's Mooresville Regional Office, at telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 19. The annual administering and compliance fee must be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4). Permit issued this the thjrtieth day of November, 2005. NORTH AL MANAGEMENT COMMISSION or Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. WQ0029579