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HomeMy WebLinkAboutNC0085952_Staff Comments_20180525Weaver, Charles From: Davidson, Landon Sent: Friday, May 25, 2018 1:49 PM To: Weaver, Charles; Wiggs, Linda Cc: Templeton, Mike Subject: RE: Review of Limits Candler Travel and Days Inn Thanks Charles, an informative response as usual. We will move forward as before. G. Landon Davidson, P.G. Regional Supervisor —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. Davidson(E�ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Charles Sent: Friday, May 25, 2018 1:09 PM To: Wiggs, Linda <linda.wiggs@ncdenr.gov> Cc: Davidson, Landon <landon.davidson@ncdenr.gov>; Templeton, Mike <mike.templeton@ncdenr.gov> Subject: RE: Review of Limits Candler Travel and Days Inn Linda — the short answer to your request is no. More specifically, the answer is not yet - and maybe not at all. Sections 402(o)(2) and 303(d)(4) of the CWA and federal regulations at 40 CFR 122.44(I) prohibit backsliding of effluent limitations in NPDES permits. These provisions require effluent limitations in a reissued permit to be as stringent as those in the previous permit, with some exceptions where limitations may be relaxed (e.g., based on new information, increases in production may warrant less stringent TBEL limits, or WQBELs may be less stringent based on updated RPA or dilution). We have new information, but that information may not change the basis for the limits. I've attached the WLA summary pages from 1996. The Travel Center had a prior permit that was rescinded before it received NC0085952. Max Haner talked with Jackie Nowell about the discharge location and the basis for the tertiary limits. His original staff report listed George Branch as the receiving stream, but his discussion with Jackie led to both parties agreeing that is was a discharge to a UT. If the effluent now travels through a DOT culvert to reach George Branch, the culvert is considered an unnamed tributary. 15A NCAC 02B allows for effluent channels [see attachment], but a DOT culvert doesn't qualify per 15A NCAC 0213.0228 (1). Unless the Travel Center has its own pipe directly to George Branch, the UT restriction would remain, as would the current limits. However, since your email stated that the Travel Center and the Days Inn have the same receiving stream, we may have to consider tighter limits for NC0025933. If Days Inn has their own pipe directly to George Branch, they're fine. If they are discharging to the DOT culvert, they are discharging to a UT with zero flow. To change existing permit limits without a request from the permittee, the permit has to be reopened by the Director. That's rarely allowed, and particularly unlikely now. IF the Travel Center has its own line to George Branch they could request a major permit modification, and pay the major mod fee. We would need updated 7Q10 data for George Branch, as the data used to permit NCO025933 and NCO085952 is >20 years old. We would also require an EAA. What is the sewer availability for the Travel Center today? It's been 22 years since the it received NC0085952, and the available sewer lines could be much closer. Simply put, the solution for a facility that doesn't meet limits is not "just give them softer limits". Two different sections of the Clean Water Act prohibit that. The best option for the Travel Center is to get out of the wastewater business. Connection to a POTW would solve their compliance problems and eliminate the associated costs. I'll put a copy of this email in the file for both NCO085952 and NC0025933. This issue will be addressed during the permit renewals in 2020 if the Travel Center does not request a major mod before then. CHW From: Wiggs, Linda Sent: Thursday, May 24, 2018 9:30 AM To: Weaver, Charles <charles.weaver@ncdenr.gov> Cc: Davidson, Landon <landon.davidson@ncdenr.gov> Subject: Review of Limits Candler Travel Hi Charles, The Asheville Regional Office (ARO) request the Candler Travel Center Permit NCO085952 Effluent Limitations and Monitoring Requirements match the Days Inn West Permit NC0025933. The receiving stream Latitude and Longitude and outfall location depicted in the permit is incorrect. The reason for the incorrect information is the receiving streams are culverted by DOT for Hwy 40, Hwy 70 and Wiggins Rd. You will note that Days Inn has normal limits, whereas Candler Travel has restrictive limits. I looked at the original sheet for Candler Travel; Max Harter must not have considered this. ARO staff have field verified the outfalls and receiving stream for both facilities. The correct receiving stream for both is George Branch, Latitude and Longitude is 35 32' 27" N/82 45' 8" W. Please take this into consideration. Landon's (ARO) request (email May 9): Charles - Linville Falls and Candler Travel Plaza are two facilities where staff are concerned that the limits may be too restrictive. Linville Falls has had a technical assistance review and found no recommendations. I've also have Dan Boss review the operation and he generally agreed that it could be difficult to meet the permit limits. With regard to Candler, Linda believes the discharge may actually be to a larger stream than the permit indicates. An thoughts on how to approach a potential re-eval. of these two facilities? Thanks. Your response: NCO085952 (Candler Travel) discharges to a zero -flow tributary. Extending the outfall line to the mainstem of the French Broad would probably get them relaxed limits. N Environmental Senior Specialist —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4500 office 828 299 7043 fax Email: linda.wiggs(cDncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 N-C -,0211�hft cbffooffis %.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.