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HomeMy WebLinkAboutNC0032131_Permit Issuance_20160801Water Resources ENVIRONMENTAL DUALITY August 1, 2016 Mr. Chris Robbins Tweetsie Railroad, Inc. 300 Tweetsie Railroad Lane Blowing Rock, NC 28605 PAT MCCRORY Governor DONALD R. VAN DER VAART Sea eau S. JAY ZIMMERMAN Director Subject: Issuance of NPDES Permit NC0032131 Tweetsie Railroad WWTP Class WW-2 Watauga County Dear Mr. Robbins: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. We have made the following updates to your previous permit with no subsequent changes from the draft permit mailed to you: ➢ Section A. (3) has been added to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs), effective December 21, 2016. ➢ Regulatory citations have been added to the permit. ➢ An updated outfall map has been included. No later than December 21, 2016, federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final NPDES permit. [See A. (3)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htto://deq.nc.gov/about/divisions/water-resources/edmr. For more information on EPA's final NPDES Electronic Reporting Rule, please visit the following web site: http://www2.epa. gov/compliance/final-national-pollutant-discharge-elimination-system-npdes- electronic-reporting-rule. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Jennifer Busam at [jennifer.busam@ncdenr.gov] or call (919) 807-6393. S. Jay Zimmerman, P.G., ISireecctor Division of Water Resources, NCDEQ Enclosure: NPDES Permit NC0032131 (Issuance Final) hc: Central Files NPDES Program Files WSRO Files ec: Mr. Chris Robbins [chrisr@tweetsie.com] Permit NC0032131 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Tweetsie Railroad, Inc. is hereby authorized to discharge wastewater from a facility located at the Tweetsie Railroad WWTP 300 Tweetsie Railroad Lane Blowing Rock Watauga County to receiving waters designated as the Middle Fork of the South Fork New River in subbasin 05-07-01 of the New River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2016. This permit and authorization to discharge shall expire at midnight on March 31, 2021. Signed this day August 1, 2016. C. ay Zimmerman, P.G., Di ctor 'vision of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0032131 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Tweetsie Railroad, Inc. is hereby authorized to: 1. Continue to operate an existing 0.07 MGD wastewater treatment system with the following components: • Bar screen • Diversion box • Dual train aeration basins • Dual equalization tanks • Dual two -chamber clarifiers • Chlorine contact chamber • Tertiary filter unit with mudwell chamber • Dechlorination • Flow meter • Re -aeration • Emergency generator The facility is located northeast of Blowing Rock at Tweetsie Railroad (300 Tweetsie Railroad Lane) in Watauga County. 2. After receiving an Authorization to Construct (ATC) permit from the Division, construct and operate additional facilities needed to meet the 0.175 MGD flow, final effluent limitations and conditions in the permit; and after submitting an engineering authorization (EA) documenting compliance with the ATC. 3. Discharge from said treatment works via Outfall 001, at the location specified on the attached map into the Middle Fork of the South Fork New River [10-1-2-(6))] currently classified WS-IV; Trout + waters in subbasin 05-07-01 [HUC: 0505000102] of the New River Basin. Page 2 of 7 Permit NC0032131 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.07 MGD) [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning with the effective date of this permit and lasting until expansion above 0.07 MGD or expiration, whichever is sooner, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 50050 0.07 MGD Continuous Recording Influent or Effluent BOD, 5-day, (20°C) - Summer* C0310 5.0 mg/L 7.5 mg/L Weekly Composite Effluent BOD, 5-day, (20°C) - Winter* C0310 10.0 mg/L 15.0 mg/L Weekly Composite Effluent Total Suspended Solids C0530 10.0 mg/L 15.0 mg/L Weekly Composite Effluent NH3 as N - Summer* C0610 2.0 mg/L 10.0 mg/L Weekly Composite Effluent NH3 as N - Winter* C0610 4.0 mg/L 20.0 mg/L Weekly Composite Effluent Dissolved Oxygen 00300 Daily average > 5,0 mg/L Weekly Grab Effluent Fecal Coliform 31616 (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 3 . 50060 17 pg/L 2lWeek Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent Total Nitrogen C0600 (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus C0655 Semi -Annually Composite Effluent pH 00400 >6.0and <9.0 - - standard units Weekly Grab Effluent *Summer: April 1- October 31 *Winter: November 1 - March 31 Footnotes: 1. No later than December 21, 2016, the permittee shall begin submitting discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (3)]. 2. The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/1. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 7 Permit NC0032131 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.175 MGD) [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning after expansion above 0.07 MGD and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 50050 0.175 MGD Continuous Recording Influent or Effluent BOD, 5-day, (20°C) - Summer* C0310 5.0 mg/L 7.5 mg/L Weekly Composite Effluent BOD, 5-day, (20°C) - Winter* C0310 10.0 mg/L 15.0 mg/L Weekly Composite Effluent Total Suspended Solids C0530 10.0 mg/L 15.0 mg/L Weekly Composite Effluent NH3 as N - Summer* C0610 2.0 mg/L 10.0 mg/L Weekly Composite Effluent NH3 as N - Winter* C0610 4.0 mg/L 20.0 mg/L Weekly Composite Effluent Dissolved Oxygen 00300 Daily average > 5.0 mg/L Weekly Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 3 50060 17 pg/L 2/Week Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent Total Nitrogen C0600 (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus C0655 Semi -Annually Composite Effluent pH 00400 >6.0and <9.0 - standard units Weekly Grab Effluent *Summer: April 1 - October 31 *Winter: November 1 - March 31 Footnotes: 1. No later than December 21, 2016, the permittee shall begin submitting discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (3)]. 2. The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/1. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 4 of 7 Permit NC0032131 A. (3) ELECTRONIC REPORTING OF MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)l Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Page 5 of 7 Permit NC0032131 Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1) (9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http: / / www2. epa. gov / compliance / final-national-pollutant-discharge-elimination- system-npdes-electronic-reporting-rule . Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / /deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 Page 6 of 7 Permit NC0032131 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http:/ /deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.11 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 7 Tweetsie Railroad Inc. Tweetsie Railroad WWTP NPDES Permit NC0032131 Stream Segment: 10-1-2-(6) Stream Class: WS-IV; TR:+ River Basin: New Sub -Basin #: 05-07-01 County: Watauga HUC: 0505000102 Receiving Stream: Middle Fork of the South Fork New River SCALE 1:24,000 71111.121511174110 Facility Location ~-wit ��� scale not shown 14W 36.164722°,-81.646389° USGS Quad: Boone FACT SHEET FOR EXPEDITED PERMIT RENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc) that can be administratively renewed with minor changes, but can include facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns). Basic Information for Expedited Permit Renewals Permit Writer/Date Jennifer D. Busam — 4/26/2016 Permit Number NC0032131 Facility Name Tweetsie Railroad WWTP Basin Name/Sub-basin number New / 05-07-01 Receiving Stream Middle Fork of the South Fork New River Stream Classification in Permit WS-IV; TR:+ Stream Index: 10-1-2-(6) Does permit need Daily Max NH3 limits? No — already present Does permit need TRC limits/language? No — already present Does permit have toxicity testing? No Does permit have Special Conditions? No Does permit have instream monitoring? No Is the stream impaired (on 303(d) list)? No Any obvious compliance concerns? No. No enforcements for the current permit cycle. Frequency violations are the main source of NOVs for the current permit cycle. Few TSS, Nitrogen, Ammonia, and BOD exceedances during the current permit cycle. Any permit mods since last permit? No New expiration date 3/31/2021 Changes to 2011 Permit? Added eDMR requirements Added regulatory citations Changes to Draft Permit? Most Commonly Used Expedited Language: • 303(d) language for Draft/Final Cover Letters: "Please note that the receiving stream is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required". • TRC language for Compliance Level for Cover LettersfEffluent Sheet Footnote: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/L will be treated as zero for compliance purposes." PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN Water Resources ENVIRONMENI'At QUALITY MEMORANDUM To: June 14, 2016 Eric Hudson NC DEQ / DWR / Public Water Supply Winston-Salem Regional Office From: Jennifer D. Busam NPDES Unit Subject: Review of Draft NPDES Permit NC0032131 Tweetsie Railroad WWTP Watauga County Please indicate below your agency's position or viewpoint on the draft permit and return this form by July 15, 2016. If you have any questions on the draft permit, please contact me at 919-807-6393 or via e-mail [jennifer.busam@ncdenr.gov]. RESPONSE: (Check one) §§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§ Concur with the issuance of this permit provided the facility is operated and maintained properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. Concurs with issuance of the above permit, provided the following conditions are met: Opposes the issuance of the above permit, based on reasons stated below, or attached: Signed 1z•-c Date: 6/2 ,,2O/6 State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh. NC 27699-1617 919 807 6300 919-807-6389 FAX https://deq. nc. gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-perm its Hickory Daily Record • Advertising Affidavit PO Box 968 Hickory, NC 28603 NCDEQ/DWR ATTN WREN THEDFORD 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 Account Number 3611028 Date June 16, 2016 Date Category Description Ad Number Ad Size 06/22/2016 Legal Notices Public Notice North Carolina Environmental Management Commission /NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Notice of Intent to Issue a NPDES Wastewater Permit The North Carolina Environmental Management Commission proposes to issue a NPDES wastewater dis- charge permit to the person(s) listed below. Written comments regarding the proposed permit will be accept- ed until 30 days after the publish date of this notice. The Director of the NC Division of Water Resources (DWR) may hold a public hearing should there be a significant degree of public interest. Please mail com- ments and/or information requests to DWR at the above address. Inter- ested persons may visit the DWR at 512 N. Salisbury Street, Raleigh, NC to review information on file. Addi- tional information on NPDES permits and this notice may be found on our wehsite: http://deq.nc.gov/about/di visions/water-resources/water- resources-permits/wastewater- branc' /npdes-wastewater/pub!ic- notices,or by calling (919) 807-6304. The City of Hickory requested re- newal of permit NC0025542 for Hickory- Catawba WWTP in Cata- wba County. This permitted dis- charge is treated municipal waste- water to Lyle Creek, Catawba River Basin. City of Hickory requested renewal of permit NC0020401 for Northeast WWTP in Catawba County; this per- mitted discharge is treated munici- pal and industrial wastewater to Catawba River (Lake Hickory) in the Catawba River Basin. Tweetsie Railroad, Inc. has request- ed renewal of permit NC0032131 for Tweetsie Railroad in Watauga Coun- ty: this permitted facility discharges treated wastewater to the Middle Fork of the South Fork New River/New River Basin. Six parame- ters are water quality limited PUBLISH: June 16, 2016 Public Notice North Carolina Environmental Management Com 0000231508 Publisher of Hickory Daily Record Catawba County 1 x 57 L Before the undersigned, a Notary Public of Catawba County, North Carolina, duly commissioned. qualified, and authorized by law to administer oaths, in said County and State; that he/she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a copy of which is attached hereto, was published in the Hickory Daily Record on the following dates: 06/16/2016 and that the said newspaper in which such notice, or legal advertisement was published, was a newspaper meeting all the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina. (9 Newspaper reference: 0000231508 Sworn to and subscribed before me, this ) (D day of D ;Votary Public My Commission expires: Assistant Bookkeeper 2016 ;yam UBL\G V THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU %,111, Busam, Jennifer d Thank you for updating me on our data request status. We look forward to receiving any records for the 1995-1996 period regarding the subject NPDES permit. From: Busam, Jennifer d Sent Tuesday, May 31, 2016 3:22 PM To: 'Chris Robbins' Subject RE:Info Request NC0032131 Tweetsie Railroad WWTP Importance: High Mr. Robbins, After review of the available records, tighter limits for BOD, Ammonia Nitrogen, and TSS were imposed on Tweetsie Railroad NPDES permit NC0032131 in 1997. Tweetsie Railroad received an authorization to construct on September 8, 1997, which changed the permitted flow limit from 0.035 to 0.070 MGD. Tweetsie Railroad discharges to the Middle Fork of the South Fork New River, which is upstream of a designated ORW (Outstanding Resource Waters) area. Regulation 15A NCAC 028.0225 (e)(4)(C) states that new or expanded NPDES permitted wastewater discharges located upstream of the designated ORW will comply with limits of 5 mg/L BOD, 2 mg/L NH3-N , and 10 mg/L total suspended solids for Trout designated waters. This "new" flow construction to 0.070 is described in 15A NCAC 02H .0103 (16)(c) and must comply with the aforementioned ORW rule. Your draft NPDES permit will be sent in the coming weeks, which will begin the 30 day public comment period. Please let me know if you have any additional questions. Sincerely, From: Chris Robbins [mailto:chrisr@tweetsie.com] Sent: Thursday, May 26, 2016 4:45 PM To: Busam, Jennifer d <Jennifer.Busam@ncdenr.gov> Subject: RE: Info Request NC0032131 Tweetsie Railroad WWTP Ms. Busam: I've attached permitting letters and documents from 1993, 1995 and 1997. 1 have not found any similar documents for 1996 other than routine monthly reporting. The 1997 document is an authorization to construct an expansion of the plant. Do any of these documents provide any clarification on the question? Or help narrow down the time when the limits might have been changed? I did not find any correspondence specifically pertaining to changes in discharge limits during that time frame. Chris Robbins. President Tweetsie Railroad Inc 300 Tweetsie Railroad Lane Blowing Rock NC 28605 828-264-9061 or 0.526-5740 ext. 110 chrIv4etweetsie.com From: Busam, Jennifer d[mailto:Jennifer.Busam@ncdenr.gov] Sent: Thursday, May 26, 2016 4:17 PM To: Chris Robbins <chrisr@tweetsie.com> Subject: RE: Info Request NC0032131 Tweetsie Railroad WWTP Mr. Robbins, Sincerely, From: Chris Robbins jmailto:chrisr@tweetsie.com] Sent: Thursday, May 26, 2016 2:36 PM To: Busam, Jennifer d <Jennifer.Busam@ncdenr.gov> Subject: RE: Info Request NC0032131 Tweetsie Railroad WWTP Jennifer Busam: Sorry for my delay in providing updates. I finally found the box of files pertaining to this issue in our off -site records storehouse. I'll dig out the relevant correspondence from that period, scan them, and get them to you as soon as I can. Chris Robbins Chris Robbins, President Tweetsie Railroad Inc. 300Tweetsie Railroad lane Blowing Rock NC 28605 828-264.9061 or 800.526-5740 ext. 110 chrisr tweetsie.mm From: Busam, Jennifer d [mailtoJennifer.Busam@ncdenr.gov] Sent: Thursday, May 05, 2016 12:47 PM To: chrisr@tweetsie.com Cc: Mickey, Mike <mike.mickev@ncdenr.gov> Subject: Info Request NC0032131 Tweetsie Railroad WWTP Importance: High Your application for renewal for Tweetsie Railroad WWTP is currently under review. We are looking into your request to re-evaluate the BOD, TSS, and NH3 limits. These limits were reduced circa 1995-1996. Our accessible records are limited for this timeframe. We'd like to request any historical files for this time frame that may assist us with your limit evaluation for the up- coming permit cycle. You may email me copies of any documentation that could assist us with the requested limit re- evaluation. Thank you for your assistance. Sincerely, Jennifer Busam Environmental Specialist Compliance & Expedited Permitting Unit Division of Water Resources North Carolina Department of Environmental Quality 919 807 6393 office Jennifer. Busam(cancdenr.gov 1617 Mail Service Center Raleigh, NC 27699-1617 2 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS (a) General. In addition to the existing classifications, the Commission may classify unique and special surface waters of the state as outstanding resource waters (ORW) upon finding that such waters are of exceptional state or national recreational or ecological significance and that the waters have exceptional water quality while meeting the following conditions: (1) that the water quality is rated as excellent based on physical, chemical or biological information; (2) the characteristics which make these waters unique and special may not be protected by the assigned narrative and numerical water quality standards. (b) Outstanding Resource Values. In order to be classified as ORW, a water body must exhibit one or more of the following values or uses to demonstrate it is of exceptional state or national recreational or ecological significance: (1) there are outstanding fish (or commercially important aquatic species) habitat and fisheries; (2) there is an unusually high level of water -based recreation or the potential for such recreation; (3) the waters have already received some special designation such as a North Carolina or National Wild and Scenic River, Native or Special Native Trout Waters or National Wildlife Refuge, which do not provide any water quality protection; (4) the waters represent an important component of a state or national park or forest; or (5) the waters are of special ecological or scientific significance such as habitat for rare or endangered species or as areas for research and education. (c) Quality Standards for ORW. (1) Freshwater: Water quality conditions shall be maintained to protect the outstanding resource values of waters classified ORW. Management strategies to protect resource values shall be developed on a site specific basis during the proceedings to classify waters as ORW. No new discharges or expansions of existing discharges shall be permitted, and stormwater controls for all new development activities requiring an Erosion and Sedimentation Control Plan in accordance with rules established by the NC Sedimentation Control Commission or an appropriate local erosion and sedimentation control program shall be required to follow the stormwater provisions as specified in I5A NCAC 02H .1000. Specific stormwater requirements for ORW areas are described in 15A NCAC 02H .1007. (2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values of waters classified ORW. Management strategies to protect resource values shall be developed on a site -specific basis during the proceedings to classify waters as ORW. New development shall comply with the stormwater provisions as specified in 15A NCAC 02H .1000. Specific stormwater management requirements for saltwater ORWs are described in 15A NCAC 02H .1007. New non -discharge permits shall meet reduced loading rates and increased buffer zones, to be determined on a case -by -case basis. No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds of submerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC 03I.0101(b)(20)(A) and (B), except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the designated areas or maintenance dredging for activities such as agriculture. A public hearing is mandatory for any proposed permits to discharge to waters classified as ORW. Additional actions to protect resource values shall be considered on a site specific basis during the proceedings to classify waters as ORW and shall be specified in Paragraph (e) of this Rule. These actions may include anything within the powers of the Commission. The Commission shall also consider local actions which have been taken to protect a water body in determining the appropriate state protection options. Descriptions ofboundaries of waters classified as ORW are included in Paragraph (e) of this Rule and in the Schedule of Classifications (15A NCAC 02B .0302 through 02B .0317) as specified for the appropriate river basin and shall also be described on maps maintained by the Division of Water Quality. (d) Petition Process. Any person may petition the Commission to classify a surface water of the state as an ORW. The petition shall identify the exceptional resource value to be protected, address how the water body meets the general criteria in Paragraph (a) of this Rule, and the suggested actions to protect the resource values. The Commission may request additional supporting information from the petitioner. The Commission or its designee shall initiate public proceedings to classify waters as ORW or shall inform the petitioner that the waters do not meet the criteria for ORW with an explanation of the basis for this decision. The petition shall be sent to: Director DENR/Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The envelope containing the petition shall clearly bear the notation: RULE -MAKING PETITION FOR ORW CLASSIFICATION. (e) Listing of Waters Classified ORW with Specific Actions. Waters classified as ORW with specific actions to protect exceptional resource values are listed as follows: (1) Roosevelt Natural Area [White Oak River Basin, Index Nos. 20-36-9.5-(1) and 20-36-9.5-(2)] including all fresh and saline waters within the property boundaries of the natural area shall have only new development which complies with the low density option in the stormwater rules as specified in 15A NCAC 2H .1005(2)(a) within 575 feet of the Roosevelt Natural Area (if the development site naturally drains to the Roosevelt Natural Area); (2) Chattooga River ORW Area (Little Tennessee River Basin and Savannah River Drainage Area): the following undesignated waterbodies that are tributary to ORW designated segments shall comply with Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section. However, expansions of existing discharges to these segments shall be allowed if there is no increase in pollutant loading: (A) North and South Fowler Creeks; (B) Green and Norton Mill Creeks; (C) Cane Creek; (D) Ammons Branch; (E) Glade Creek; and (F) Associated tributaries; (3) Henry Fork ORW Area (Catawba River Basin): the following undesignated waterbodies that are tributary to ORW designated segments shall comply with Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section: (A) Ivy Creek; (B) Rock Creek; and (C) Associated tributaries; (4) South Fork New and New Rivers ORW Area [New River Basin (Index Nos. 10-1-33.5 and 10)]: the following management strategies, in addition to the discharge requirements specified in Subparagraph (c)(1) of this Rule, shall be applied to protect the designated ORW areas: (A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply to land within one mile of and that drains to the designated ORW areas; (B) New or expanded NPDES permitted wastewater discharges located upstream of the designated ORW (for the North Fork New River ORW are see Subparagraph (14) of this Paragraph) shall be permitted such that the following water quality standards are maintained in the ORW segment: (i) the total volume of treated wastewater for all upstream discharges combined shall not exceed 50 percent of the total instream flow in the designated ORW under 7Q 10 conditions, which are defined in Rule .0206(a)(1) of this Section; (ii) a safety factor shall be applied to any chemical allocation such that the effluent limitation for a specific chemical constituent shall be the more stringent of either the limitation allocated under design conditions (pursuant to 15A NCAC 02B .0206) for the normal standard at the point of discharge, or the limitation allocated under design conditions for one-half the normal standard at the upstream border of the ORW segment; (iii) a safety factor shall be applied to any discharge of complex wastewater (those containing or potentially containing toxicants) to protect for chronic toxicity in the ORW segment by setting the whole effluent toxicity limitation at the higher (more stringent) percentage effluent determined under design conditions (pursuant to l5A NCAC 02B .0206) for either the instream effluent concentration at the point of discharge or twice the effluent concentration calculated as if the discharge were at the upstream border of the ORW segment; (7) (C) New or expanded NPDES permitted wastewater discharges located upstream of the designated ORW (for the North Fork New River ORW area; see Subparagraph (14) of this Paragraph) shall comply with the following: (i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD = 5 mg/1, and NH3-N = 2 mg/1; (ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent concentrations of 10 mg/1 for trout waters and to 20 mg/1 for all other waters; (iii) Emergency Requirements: Failsafe treatment designs shall be employed, including stand-by power capability for entire treatment works, dual train design for all treatment components, or equivalent failsafe treatment designs; (iv) Nutrients: Where nutrient overenrichment is projected to be a concern, effluent limitations shall be set for phosphorus or nitrogen, or both; Old Field Creek (New River Basin): the undesignated portion of Old Field Creek (from its source to Call Creek) shall comply with Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section; In the following designated waterbodies, no additional restrictions shall be placed on new or expanded marinas. The only new or expanded NPDES permitted discharges that shall be allowed shall be non -domestic, non -process industrial discharges. The Alligator River Area (Pasquotank River Basin) extending from the source of the Alligator River to the U.S. Highway 64 bridge including New Lake Fork, North West Fork Alligator River, Juniper Creek, Southwest Fork Alligator River, Scouts Bay, Gum Neck Creek, Georgia Bay, Winn Bay, Stumpy Creek Bay, Stumpy Creek, Swann Creek (Swann Creek Lake), Whipping Creek (Whipping Creek Lake), Grapevine Bay, Rattlesnake Bay, The Straits, The Frying Pan, Coopers Creek, Babbitt Bay, Goose Creek, Milltail Creek, Boat Bay, Sandy Ridge Gut (Sawyer Lake) and Second Creek, but excluding the Intracoastal Waterway (Pungo River -Alligator River Canal) and all other tributary streams and canals; In the following designated waterbodies, the only type of new or expanded marina that shall be allowed shall be those marinas located in upland basin areas, or those with less than 10 slips, having no boats over 21 feet in length and no boats with heads. The only new or expanded NPDES permitted discharges that shall be allowed shall be non -domestic, non -process industrial discharges: (A) The Northeast Swanquarter Bay Area including all waters northeast of a line from a point at Lat. 35E 23N 510 and Long. 76E 21 N 020 thence southeast along the Swanquarter National Wildlife Refuge hunting closure boundary (as defined by the 1935 Presidential Proclamation) to Drum Point. (B) The Neuse-Southeast Pamlico Sound Area (Southeast Pamlico Sound Section of the Southeast Pamlico, Core and Back Sound Area); (Neuse River Basin) including all waters within an area defined by a line extending from the southern shore of Ocracoke Inlet northwest to the Tar -Pamlico River and Neuse River basin boundary, then southwest to Ship Point. (C) The Core Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak River Basin), including all waters of Core Sound and its tributaries, but excluding Nelson Bay, Little Port Branch and Atlantic Harbor at its mouth, and those tributaries of Jarrett Bay that are closed to shellfishing. (D) The Western Bogue Sound Section of the Western Bogue Sound and Bear Island Area (White Oak River Basin) including all waters within an area defined by a line from Bogue Inlet to the mainland at SR 1117 to a line across Bogue Sound from the southwest side of Gales Creek to Rock Point, including Taylor Bay and the Intracoastal Waterway. (E) The Stump Sound Area (Cape Fear River Basin) including all waters of Stump Sound and Alligator Bay from marker Number 17 to the western end of Permuda Island, but excluding Rogers Bay, the Kings Creek Restricted Area and Mill Creek. (F) The Topsail Sound and Middle Sound Area (Cape Fear River Basin) including all estuarine waters from New Topsail Inlet to Mason Inlet, including the Intracoastal Waterway and Howe Creek, but excluding Pages Creek and Futch Creek; NC Dept. of Environmental Quality Division of Water Quality NPDES Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDEQ Permit NC0032131 Dear DWQ Staff; (*RAILROAD") WILD WEST THEME PARK November 13, 2015 RECEIVED/DENRIDWR NOV 1 6 2015 Water Quality Permitting Section Enclosed is our NPDES Application Form D application for renewal of the Tweetsie Railroad Wastewater Treatment Facility permit. This plant is located in Watauga County and discharges into the Middle Fork New River. Tweetsie Railroad requests a dialog with DWQ regarding amendment of the permit's existing discharge limits. Our hope is to better understand the procedure for establishing limits and stream loading allocations, with the goal of agreeing upon sustainable and reasonable discharge limits. Our current monthly discharge limits are 5 Mg/L BOD, 10 Mg/L TSS, and 2 Mg/L NH3. These numbers represent the best available package plant tertiary filter technology, and we have been successful reaching these numbers. However, as with all treatment facilities, we can encounter unforeseen problems. Generally, permits are flexible by allowing for daily maximum limits. Our daily maximum numbers are 7.5 Mg/L BOD, 15 Mg/L TSS, and 10 Mg/L NH3. We believe these numbers are unduly restrictive in their limits, and request that they be re-evaluated. The difference between a BOD of 5 or 7.5 is barely allowance for even a minor malfunction. Our TSS limit of 10 Mg/L is so low that allowances have to be made for windblown trash, and even intrusion of pollen from nearby trees. Tweetsie Railroad takes great pride in the operation of our treatment plant, and our concern for the New River. I believe your records will show a history of professional operation and exemplary regulatory compliance. We respectfully request that the Division of Water Quality will consider these factors as our renewal permit is reviewed, and consent to reasonably modify the permitted 300 Tweetsie Railroad Lane • Blowing Rock, NC 28605 I phone: 828-264-9061 • fax: 828-264-2234 • tweetsie.com discharge limits. We welcome the opportunity to meet with Division staff if you have any questions. Sincerely, Chris Robbins President CC: Brian Banner