State seeks comments on Lake Lure wastewater agreement

Comments are due by Nov. 2 on proposed interim discharge limits, construction deadlines through 2031, and conditional cancellation of more than $67,000 in penalties.

The public has an opportunity to comment on a proposed state wastewater agreement that would allow pollutant concentrations above the town’s underlying permit limits while sewer improvements proceed through 2031.

The public comment period opened Oct. 3 and closes Nov. 2. The North Carolina Department of Environmental Quality (NCDEQ) says it will consider comments before a final determination and may hold a public meeting if there is significant public interest.

To submit a comment, email DEQ’s listed contact, Catherine “Kate” Shadwell, at kate.shadwell@deq.nc.gov. Identify Lake Lure’s proposed amendment to Special Order by Consent No. S20-004 and permits NC0025381 and WQCS00131.

Readers who want to share their comments with WCAB News can also cc annie@wcabnews.com.

Use the subject line: “Public comment: Lake Lure consent order S20-004.”

Commenters may explain their connection to the Broad River, identify concerns about the proposal and request specific information or changes. Those seeking a public meeting should state that request explicitly.

Documents obtained by WCAB News describe longstanding wastewater compliance failures and, separately, missing monitoring at the town’s Morse Park dredging operation.

The proposed wastewater agreement says Lake Lure cannot consistently meet certain permit requirements and identifies its noncompliance as causing or contributing to pollution of state waters.

The treatment plant discharges treated wastewater into the Broad River, making the proposal relevant beyond the town’s boundaries.

The river flows through Rutherford and Cleveland counties before entering South Carolina. Most of the North Carolina basin’s land area is in Rutherford, Cleveland and Polk counties, according to DEQ.

The records do not establish contamination at a particular downstream home, drinking water intake or recreation site. They do establish wastewater compliance problems and a separate failure to collect required dredging measurements.

The news comes months after a WCAB News investigation of water quality issues found by NCDEQ in Lake Lure and throughout western NC.

What the state is considering

The proposed amendment would allow total suspended solids concentrations of 200 milligrams per liter as a monthly average and 300 milligrams per liter as a weekly average.

The underlying permit limits are 30 and 45 milligrams per liter, respectively. The proposed interim limits are approximately 6.7 times those levels.

For biochemical oxygen demand, a measure of the oxygen needed to break down organic material, the interim limits would be 60 milligrams per liter monthly and 90 milligrams per liter weekly — twice the underlying permit limits.

These figures describe allowable concentrations in the plant’s discharge under the proposed order. They are not measurements of downstream river conditions or proof that the plant discharges at those levels every day.

Although the draft identifies ammonia nitrogen as a compliance problem, its table of modified discharge limits lists only total suspended solids and biochemical oxygen demand. Other permit requirements would remain applicable except where specifically modified.

Town Manager Olivia Stewman signed the draft Sept. 25. The state signature line remains blank. The Environmental Management Commission proposes making the amended order effective Dec. 1.

Problems preceded Helene

The draft says lake water entering the collection system continues to interfere with treatment and contribute to inadequate treatment capabilities.

Historical project material available through DEQ’s public records portal describes sewer lines built beneath Lake Lure as part of its original resort development, with portions under as much as 100 feet of water.

That material describes the need to replace the inherited system and lists a historical replacement estimate exceeding $100 million. It cites construction complexity, inflation, and a small customer base as financial challenges.

The proposed consent order documents corrective work and penalties before Hurricane Helene struck in September 2024.

Treatment plant fine-screen repairs and rehabilitation of existing perimeter manholes were completed in April 2022. The town paid $9,720.60 toward outstanding civil penalties in June 2022.

Helene later hindered a planned replacement of 9,000 feet of collection system, prompting a redesign, according to the draft.

The hurricane disrupted work addressing an existing problem.

Penalty relief depends on completion

The proposal identifies $38,882.42 remaining from earlier civil penalties and another $28,621.98 in penalties as of August 2026 — a combined $67,504.40.

Those amounts would be canceled if the town successfully completes the order. If it does not, the draft says they would become due immediately.

Additional penalties would apply to specified violations of discharge limits, monitoring requirements and certain deadlines. Contractor delays or failure to obtain funding would not qualify as circumstances beyond the town’s control for excusing stipulated penalties.

Plans for a new wastewater treatment plant would be due March 31, 2027. The first collection system improvement phase would be completed by May 1, 2029, and a subsequent phase by May 1, 2031.

The draft does not establish a completion date for the entire new treatment plant.

The proposed order would expire July 31, 2031, unless amended.

Semiannual reports would describe construction progress, treatment plant performance and operational improvements. Those reports would be due June 10 and Dec. 10.

Separate inspection found missing monitoring

A separate inspection conducted at Morse Park found that effluent flow had not been estimated and upstream and downstream turbidity sampling had not been conducted.

DEQ inspector Lauren Armeni conducted the inspection with Project Manager Robert Dean Lindsey present.

According to the report, Lindsey said Helene destroyed the site’s settling basin and effluent pipe. A tracked excavator was being used to remove sand and place it along the bank, with water from dredging running over the ground and returning to surface water.

“There were no records available because sampling has not been conducted and estimated flow has not been measured,” the report states.

The report establishes missing monitoring, rather than a measured turbidity exceedance.

Lindsey said sampling would be conducted going forward. The report does not establish whether that corrective step was subsequently completed.

The dredging operation is covered by a separate permit, NCG520116. Comments on the wastewater proposal should clearly identify that proposal; questions about dredging compliance can be identified separately in correspondence with DEQ.

What downstream residents can ask

Comments can address how DEQ evaluated the proposed interim limits, what monitoring will document downstream conditions and when the town is expected to consistently meet its underlying permit requirements.

Residents can also request public access to progress reports, clarification of the new treatment plant’s completion schedule and a public meeting before approval.

The public notice does not restrict participation to Lake Lure residents. It is open to the public.

The draft order and related documents are available through DEQ. Submit comments by Nov. 2 to kate.shadwell@deq.nc.gov, and copy annie@wcabnews.com if you want WCAB News to receive your submission.