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