NC0058891_Correspondence_19990701

NPDES DOCU BENT !;CANNING COVER !MEET
NC0058891
Valley Creek WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Report
Instream Assessment
(67b)
Speculative Limits
Environmental
Assessment (EA)
Document Date:
July 1, 1999
This documeat is printed oa reuse paper - ignore any
contest on the wearerse side

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
July 1, 1999
Mr. Richard A. DeMott, Secretary
Concerned Citizens of Foscoe and Seven Devils
784 Alpine Drive, Seven Devils
Banner Elk, North Carolina 28604-9183
Dear Mr. DeMott,
A7A
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SUBJECT: WRM, Inc./ Seven Devils Resort WWTP
NPDES No. NC0037737
Hawksnest Utilities/ Valley Creek WWTP
NPDES No. NC0058891
Watauga County
The Division of Water Quality received your correspondence and accompanying petitions dated
February 22, 1999 and April 2, 1999 to A. Preston Howard, Jr., P.E., former Director of the Division of
Water Quality, and Secretary Wayne McDevitt. The petitions involved concerns regarding the Seven
Devils Resort wastewater treatment plant (WWTP) and Hawksnest Utilities/ Valley Creek WWTP.
The wastewater discharge permit (NPDES permit) for the Seven Devils Resort WWTP was reissued to
Water Resource Management, effective December 1, 1996. During the renewal process, Water Resources
Management requested a provision in the permit for potential discharge flow increases of 0.07 MGD and
0.120 MGD; these flow increases were requested in order to plan for future growth at the resort.
However, the existing system is currently designed for 0.02 MGD discharge flow. Water quality modeling
performed at this flow and at the higher flows predicted no adverse water quality impacts in the unnamed
tributary to the Watauga River, a class "C-trout" waters.
In order for any facility to expand the capacity of a wastewater treatment facility, a permittee must
submit plans and specifications to the Division of Water Quality prior to the construction of any additional
treatment units. The existing 0.02 MGD system for the Seven Devils WWTP cannot be hydraulically
expanded until plans and specifications are submitted to the Division for review and approval. The
Division of Water Quality must then issue an Authorization to Construct permit for the expansion, prior to
Water Resource Management beginning construction of any upgrade.
The wastewater discharge permit for Hawksnest Utilities/Valley Creek WWTP was reissued
November 18, 1997. The current permit reflects discharge flows of 0.01 MGD and 0.9 MGD. As with
any permitted facility, the limits to protect water quality at the specified discharge flows have been placed
in the permit. The current treatment system reflects a flow of 0.01 MGD. Similarly to Seven Devils
Resort WWTP, the system cannot be hydraulically expanded until plans and specifications are submitted to
the Division for review and approval. Correspondence from Hawksnest Utilities' consultant in October
1998 indicated that although additional treatment capacity may be needed, the utility did not anticipate a
full expansion to the 0.9 MGD discharge flow in the near future.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. DeMott
Concerned Citizens of Foscoe and Seven Devils
Page 2
The Division of Water Quality has not received any request, to date, for a hydraulic expansion of either
the Seven Devils WWTP or the Valley Creek WWTP. Should either facility request an Authorization to
Construct permit for an expansion, the Division will thoroughly review the plans and specifications for the
expansion project to ensure that the proposed treatment facility can meet permitted limits to protect water
quality.
Please be aware that staff of the Division of Water Quality routinely monitors NPDES permitted
facilities. Samples of the Seven Devils Resort WWTP effluent were collected by Division staff during
compliance evaluation inspections conducted in 1996, 1997, and 1998. In addition, an evaluation of the
monthly self -monitoring data submitted by the facility shows complete compliance for the six month
period from July 1998 through December 1998. Staff of the Winston-Salem Regional Office is not aware
of any lack of clarity or odor in the receiving stream. However, if problems are observed, please notify the
regional office so that timely inspection can be performed.
The situation of "excessive or unusual noises" is a typical complaint regarding wastewater treatment
facilities. It is the regional office's understanding that the owner of Seven Devils WWTP has relocated the
aeration blowers in an effort to reduce noise at the facility.
In regard to the Public Notice of NPDES permits, we acknowledge your concern for limited
advertisement of Agency actions under the existing legal requirements. Staff of the Division are currently
investigating possible changes in the selection of newspapers to allow for better targeting of the affected
areas.
You may also wish to note that with Governor Hunt's increased emphasis on enforcement, the
Division of Water Quality delegated enforcement authority of NPDES violations to the state's seven
regional offices. Neither the Seven Devils WWTP nor the Valley Creek WWTP has been assessed under
the Division's new enforcement policy since its inception July 1998.
I hope your concerns regarding the permitted discharges in the Foscoe area have been addressed. If
you have any questions or need additional information, please contact Mike Mickey at (336) 771 — 4600 or
Susan Wilson at (919) 733 — 5083, ext. 510.
Sincerely,
Kerr T. Stevens
Cc: Central Files
NPDES Files
Winston-Salem Regional Office/ Mike Mickey
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
April 7, 1999
MEMORANDUM
TO: Coleen Sullins 011
FROM: Mike Mickey
THROUGH: Larry Coble 91-
SUBJECT: Response Letter to Petitions
Seven Devils Resort WWTP
NPDES Permit No. NC0035149
Watauga County
Per your request, please find a response letter drafted for the Director's
signature regarding the petitions submitted for the Seven Devils Resort WWTP.
Please revise as necessary. The letter (SevenD.Ltr) is on the enclosed disc in
WordPerfect/Version 6.1 format.
cc: WSRO

DIVISION OF WATER QUALITY
Mr. Frank Aldrich
10036 NC Hwy. 105 S., Foscoe
Banner Elk, N.C. 28604
SUBJECT: Seven Devils Resort WWTP
NPDES Permit No. NC0035149
Watauga County
Dear Sirs:
Mr. Richard DeMott
784 Alpine Dr., Seven Devils
Banner Elk, N.C. 28604
This letter is to address the concerns raised in your correspondence
and accompanying petitions received on March 1, 1999. The petitions
involved the Seven Devils Resort wastewater treatment facility.
The NPDES permit for the Seven Devils Resort WWTP was reissued to
Water Resource Management, effective December 1, 1996. Per the
permittee's request, the new permit contained additional limit pages with
flows of 0.070 MGD and 0.120 MGD. The existing system is permitted at
0.02 MGD. Modeling performed at the higher flows predicted no adverse
water quality impacts in the U.T. to the Watauga River, Class "C-trout"
waters.
State regulations require the submittal of plans and specifications prior
to the construction of any additional treatment units. The existing 0.02 MGD
system cannot be hydraulically expanded until plans and specifications are
submitted to this Division for review and approval. Water Resource
Management would have to have an Authorization to Construct permit in
hand before beginning any upgrade.
Please be aware that staff of the Division of Water Quality routinely
monitor NPDES permitted facilities. Samples of the Seven Devils Resort
WWTP effluent were collected by Division staff during compliance evaluation
inspections conducted in 1996, 1997 and 1998. In addition, an evaluation
of the monthly self -monitoring data submitted by the facility shows complete
compliance for the six month period July 1998 through December 1998.
Staff of the Winston-Salem Regional Office are not aware of any lack of
clarity or odor in the receiving stream. However, if problems are observed,
please notify the regional office so that a timely inspection can be performed.

Mr. Frank Aldrich
Mr. Richard DeMott
Page #2
The situation of "excessive or unusual noises" is a typical complaint regarding
wastewater treatment facilities. It is our understanding that Mr. Harrill has asked his
contract operator to evaluate this issue and to make changes, if appropriate. In
regards to the Public Notice of NPDES permits, we acknowledge your concern for
limited advertisement of Agency actions under the existing legal requirements. Staff
of this Division are currently investigating possible changes in the selection of
newspapers to allow for better targeting of the affected areas.
I hope this letter satisfactorily addresses your concerns regarding the Seven
Devils Resort facility. Should you have additional questions, please contact Mr. Larry
D. Coble, Water Quality Regional Supervisor at [phone].
Sincerely,
Kerr T. Stevens
cc: Joanna Cates, Seven Devils Town Manager -->.-
Water Resource Management, Inc. QQ'�l� b `6.
WSROI Files \nt. amp-\

Concerned Citizens of Foscoe
and Seven Devils
c/o 784 Alpine Drive, Seven Devils
Banner Elk, NC 28604-9183
April 2, 1999
Mr. Wayne McDevitt
Secretary
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
P. 0. Box 29535
Raleigh, NC 27626-0535
Dear Mr. McDevitt:
0n February 22, 1999 copies of Petitions were sent to Mr. A.
Preston Howard, Jr., Director, D.E.N.R. These Petitions were signed by
citizens in the Seven Devils/Foscoe area indicating a serious mutual con-
cern about High Quality Water and the effects of the discharge from the
privately owned Seven Devils Resort W.W.T.P. operated by Water Resources
Management, Inc., Mark Harrill, Permit # NC 0035149. Since that time
many have also expressed concerns with the discharge from the neighboring
Valley Creek W.W.T.P. operated by Hawksnest Utilities, Leonard Cottom,
Permit # NC 0058891. The discharge from this plant also terminates in
the Watauga River not very far from the other plant.
These two W.W.T.P.s each discharge into small streams (the Seven
Devils Resort W.W.T.P. in an "unnamed tributary" locally known as the
Calloway Branch and the Valley W.W.T.P. into Valley Creek). Both, from
D.E.N.R. records, show numerous Compliance Sampling Inspection vidlations
over a two year period, 1997-98 (Seven Devils Resort W.W.T.P. with 6 and
Valley Creek W.W.T.P. with 14 plus certain repairs and corrections that
are noted and for which we find no indication of repairs or corrections if
these were made). These violations are supported by many anecdotal ob-
servations by residents nearby. We have found one recorded in a letter to
the D.E.N.R. by Yvonne C. Davis in December 1997. The Petitions mentioned
above also support such observation by residents and were signed by 32
Seven Devils residents and by 101 Foscoe residents for a total of 133.
The information on which the Petitions were based was not complete and only
later was additional information from the D.E.N.R. made available to us.
This explains why the Valley Creek W.W.T.P. was not mentioned at that time.
Upon review of the more complete information the D.E.N.R. kindly
provided, and with the additional input and reactions of residents since
February, it is our contention that any expansion of these W.W.T.P.s
should not be undertaken. Several observations lead us to this conclusion:
- If the current operators and owners of these W.W.T.P.s do not have
a better "track record" than to date we have no confidence they
might do better with still larger facilities that could pose greater

hazards than presently.
- Potential damage and hazards from greater discharges from expanded
W.W.T.P.s can substantially increase when population in the area
(as a resort area in summer, holidays, ski season, etc.) swells.
When this occurs and at the same time there is low water flow as
during a drought the problems increase.
- These W.W.T.P.s can impact and cause a degregation of the natural en-
vironment which means a negative effect on plant, animal and aquatic
life such as brown and speckled trout, animal and aquatic plant life,
and the nearby wetlands in the Foscoe area and particularly a short
distance downstream where Appalachian State University has wetland
acreage for scientific study and research on the Watauga River.
- We have difficulty understanding the logic of the water quality de-
signations in the "Watauga River Basic Quality Management Plan" (see
for the Foscoe/Seven Devils area). The nearby part of the Watauga
River is "B tr." The "unnamed Tributary" ("Calloway Branch") from its
source to the Seven Devils Resort Lake dam is "B tr.". Downhill,
below the W.W.T.P. and the dam it is "C tr.". The outflow into
Valley Creek from the Valley Creek W.W.T.P. is also "C tr.". In
the first case the designation is higher after one passes the Seven
Devils Resort W.W.T.P. and a similar conclusion may be drawn with the
Valley Creek W.W.T.P. This leads us to believe these plants impact
the waters negatively because of their output and cause an undesirable
addition to the Watauga River which in this section is classified as
"B tr." seems threatened.
With deep concern for the water quality, environment and ecology of
the area, and with the desire to see the environment preserved in a sustain-
able way, we, the sponsors of this document, respectfully request that ,the
D.E.N.R. carefully review this situation and seriously take into considera-
tion all applications tor W.W.T.P. expansion be denied, We affirm this by
attaching our signatures below.
Very truly yours,
Concerned Citizens of Foscoe
and Seven Devils
cc. Mr. A. Preston Howard, Jr., P.E., Director
Mr. Michael M. Mickey, Environmental Specialist II
The Hon. James B. Hunt, Jr., Governor
Senator Charles W. Albertson
Senator Jb.1tnA. Garwooad
Senator Virginia Foxx
Commissioner Arthur W. Kohles (Watauga County)
Commissioner Susan Sweeting (Watauga County)
Please also note: There are additional persons who wish to add their signatures
to this document and we will forward these to you shortly.
Richard A. DeMott
Secretary, C.C.F.S.D.
Banner ilk, NC L8604-9183
828/963-8682

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