Loading...
HomeMy WebLinkAboutNC0088188_Fact Sheet_20201028Page 1 of 9 Fact Sheet NPDES Permit No. NC0088188 Permit Writer/Email Contact: Derek Denard / derek.denard@ncdenr.gov Date: 28Oct2020 Division/Branch: NC Division of Water Resources/Water Quality Permitting Section Compliance & Expediated Permitting Branch Permitting Action: ☒ Renewal ☐ Renewal with Expansion ☐ New Discharge ☐ Modification (Fact Sheet should be tailored to mod request) See Permit Application Attachment A Complete applicable sections below. If not applicable, enter NA. 1. Basic Facility Information Facility Information Applicant/Facility Name: Scenic Wolf Development, LLC / Scenic Wolf Mountain WWTP Applicant Address: 5 Rosecrest Court, Asheville, NC 28804 Facility Address: Puncheon Fork Road, Mars Hill 28754 Permitted Flow: 0.225 MGD [expansion to 0.300 MGD] Facility Type/Waste: 100% Domestic Wastewater Discharge Facility Class: Grade II Biological WPCS Treatment Units: a dual bar screen, odor control system, six (6) flow equalization tanks, six (6) anoxic tanks, 21 aeration tanks, six (6) secondary clarifiers, six (6) media filters, dual channel UV disinfection, an effluent cooling system, three (3) sludge digester tanks Pretreatment Program (Y/N) No County: Madison Region Asheville Briefly describe the proposed permitting action and facility background: This facility is a minor facility (flow <1 MGD) that will receives 100% domestic waste from both commercial and residential. The WWTP will serve a resort with single family housing, condominiums, town homes, restaurants, amenities, retail shops, etc. The design capacity of the treatment system is 0.225 MGD (with expansion to 0.300 MGD), including UV disinfection. This facility has not been constructed. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 2 of 9 The NPDES permit was original issued in 2006. A Public Hearing (with Steve Tedder as HO) was held August 3, 2006 with 300+ in attendance. Steve Tedder severed as the hearing officer. Under recommendation of the hearing officer, the final Permit applied HQW requirements for C Trout class instead of being based on a Streeter Phelps model (Level B). The final Permit issued October 25, 2006 for phased flow of 0.225/0.3 MGD. The final was contested by Clean Water NC (Hope Taylor). ALJ Beecher Gray ruled in favor of DWQ/Permittee on 12/8/2008 and the EMC concurred. Authorization to Construct No. 088188A01 was issued on August 10, 2007 for Phase 1 construction. A March 31, 2009 public hearing was held for the reclassification of Big Laurel Creek. The hearing officer (EMC Freddie Harrill) recommended reclassification as ORW. The EMC concurred on July 9, 2009. Effective September 1, 2009, the entire Big Laurel Creek watershed (including Puncheon Creek) was reclassified to Outstanding Resource Waters (ORW). In accordance with 15A NCAC 2B.0225, the ORW stream classification does not allow for any new wastewater discharges or expansions of existing wastewater discharges. The renewed permit retains the provision for this facility to expand to an ultimate flow capacity of 0.300 MGD, but no additional expansions will be allowed beyond that volume. While the existing expansion provision is preserved in the permit, justification will have to be provided for the increase in design flow prior to approval of any expansion and the facilities to be constructed will have to demonstrate they will protect water quality standards associated with the ORW classification. References: Attachment B: Scenic Wolf Development LLC 2011 Update_Tom Belnick_20110919_1p Attachment C: NC0088188_Factsheet_2011_James McKay_2p 2. Receiving Waterbody Information: Receiving Waterbody Information Outfalls/Receiving Stream(s): Outfall 001 / Puncheon Fork Stream Segment: 6-112-5 Stream Classification: C; Tr, ORW Drainage Area (mi2): 5.3 Summer 7Q10 (cfs) 1.26 Winter 7Q10 (cfs): 1.96 30Q2 (cfs): 2.73 Average Flow (cfs): 8 IWC (% effluent): 21.6 % / 27 % 303(d) listed/parameter: Not listed [See Attachment D_2018 NC Integrated Report_072519_p533] Subject to TMDL/parameter: No Basin/Sub-basin/HUC: French Broad / 04-03-04 / 060101051001 USGS Topo Quad: Sams Gap, NC DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 3 of 9 3. Effluent Data Summary Not applicable. Not constructed 4. Instream Data Summary Instream monitoring may be required in certain situations, for example: 1) to verify model predictions when model results for instream DO are within 1 mg/l of instream standard at full permitted flow; 2) to verify model predictions for outfall diffuser; 3) to provide data for future TMDL; 4) based on other instream concerns. Instream monitoring may be conducted by the Permittee, and there are also Monitoring Coalitions established in several basins that conduct instream sampling for the Permittee (in which case instream monitoring is waived in the permit as long as coalition membership is maintained). If applicable, summarize any instream data and what instream monitoring will be proposed for this permit action: Not applicable. Not constructed. Is this facility a member of a Monitoring Coalition with waived instream monitoring (Y/N): No. Name of Monitoring Coalition: NA. 5. Compliance Summary Not applicable. Not constructed. 6. Water Quality-Based Effluent Limitations (WQBELs) Dilution and Mixing Zones In accordance with 15A NCAC 2B.0206, the following streamflows are used for dilution considerations for development of WQBELs: 1Q10 streamflow (acute Aquatic Life); 7Q10 streamflow (chronic Aquatic Life; non-carcinogen HH); 30Q2 streamflow (aesthetics); annual average flow (carcinogen, HH). If applicable, describe any other dilution factors considered (e.g., based on CORMIX model results): Not applicable. If applicable, describe any mixing zones established in accordance with 15A NCAC 2B.0204(b): Not applicable. Oxygen-Consuming Waste Limitations Limitations for oxygen-consuming waste (e.g., BOD) are generally based on water quality modeling to ensure protection of the instream dissolved oxygen (DO) water quality standard. Secondary TBEL limits (e.g., BOD= 30 mg/l for Municipals) may be appropriate if deemed more stringent based on dilution and model results. If permit limits are more stringent than TBELs, describe how limits were developed: See Fact Sheet Section 1 discussion. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 4 of 9 Ammonia and Total Residual Chlorine Limitations Limitations for ammonia are based on protection of aquatic life utilizing an ammonia chronic criterion of 1.0 mg/l (summer) and 1.8 mg/l (winter). Acute ammonia limits are derived from chronic criteria, utilizing a multiplication factor of 3 for Municipals and a multiplication factor of 5 for Non-Municipals. Limitations for Total Residual Chlorine (TRC) are based on the NC water quality standard for protection of aquatic life (17 ug/l) and capped at 28 ug/l (acute impacts). Due to analytical issues, all TRC values reported below 50 ug/l are considered compliant with their permit limit. Describe any proposed changes to ammonia and/or TRC limits for this permit renewal: NA. Reasonable Potential Analysis (RPA) for Toxicants Not applicable. Toxicity Testing Limitations Permit limits and monitoring requirements for Whole Effluent Toxicity (WET) have been established in accordance with Division guidance (per WET Memo, 8/2/1999). Per WET guidance, all NPDES permits issued to Major facilities or any facility discharging “complex” wastewater (contains anything other than domestic waste) will contain appropriate WET limits and monitoring requirements, with several exceptions. The State has received prior EPA approval to use an Alternative WET Test Procedure in NPDES permits, using single concentration screening tests, with multiple dilution follow-up upon a test failure. Describe proposed toxicity test requirement: Not required. Mercury Statewide TMDL Evaluation There is a statewide TMDL for mercury approved by EPA in 2012. The TMDL target was to comply with EPA’s mercury fish tissue criteria (0.3 mg/kg) for human health protection. The TMDL established a wasteload allocation for point sources of 37 kg/year (81 lb/year), and is applicable to municipals and industrial facilities with known mercury discharges. Given the small contribution of mercury from point sources (~2% of total load), the TMDL emphasizes mercury minimization plans (MMPs) for point source control. Municipal facilities > 2 MGD and discharging quantifiable levels of mercury (>1 ng/l) will receive an MMP requirement. Industrials are evaluated on a case-by-case basis, depending if mercury is a pollutant of concern. Effluent limits may also be added if annual average effluent concentrations exceed the WQBEL value (based on the NC WQS of 12 ng/l) and/or if any individual value exceeds a TBEL value of 47 ng/l Describe proposed permit actions based on mercury evaluation: Not applicable. Other TMDL/Nutrient Management Strategy Considerations If applicable, describe any other TMDLs/Nutrient Management Strategies and their implementation within this permit: Not applicable. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 5 of 9 Other WQBEL Considerations If applicable, describe any other parameters of concern evaluated for WQBELs: NA. If applicable, describe any special actions (HQW or ORW) this receiving stream and classification shall comply with in order to protect the designated waterbody: See Fact Sheet Section 1 discussion. If applicable, describe any compliance schedules proposed for this permit renewal in accordance with 15A NCAC 2H.0107(c)(2)(B), 40CFR 122.47, and EPA May 2007 Memo: NA. If applicable, describe any water quality standards variances proposed in accordance with NCGS 143- 215.3(e) and 15A NCAC 2B.0226 for this permit renewal: NA. 7. Technology-Based Effluent Limitations (TBELs) Not applicable 8. Antidegradation Review (New/Expanding Discharge): The objective of an antidegradation review is to ensure that a new or increased pollutant loading will not degrade water quality. Permitting actions for new or expanding discharges require an antidegradation review in accordance with 15A NCAC 2B.0201. Each applicant for a new/expanding NPDES permit must document an effort to consider non-discharge alternatives per 15A NCAC 2H.0105(c)(2). In all cases, existing instream water uses and the level of water quality necessary to protect the existing use is maintained and protected. If applicable, describe the results of the antidegradation review, including the Engineering Alternatives Analysis (EAA) and any water quality modeling results: NA. 9. Antibacksliding Review: Sections 402(o)(2) and 303(d)(4) of the CWA and federal regulations at 40 CFR 122.44(l) 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). Are any effluent limitations less stringent than previous permit (YES/NO): No. If YES, confirm that antibacksliding provisions are not violated: NA. 10. Monitoring Requirements Monitoring frequencies for NPDES permitting are established in accordance with the following regulations and guidance: 1) State Regulation for Surface Water Monitoring, 15A NCAC 2B.0500; 2) NPDES Guidance, Monitoring Frequency for Toxic Substances (7/15/2010 Memo); 3) NPDES Guidance, Reduced Monitoring Frequencies for Facilities with Superior Compliance (10/22/2012 Memo); 4) Best Professional Judgement (BPJ). Per US EPA (Interim Guidance, 1996), monitoring requirements are not DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 6 of 9 considered effluent limitations under Section 402(o) of the Clean Water Act, and therefore anti- backsliding prohibitions would not be triggered by reductions in monitoring frequencies. For instream monitoring, refer to Section 4. 11. Electronic Reporting Requirements The US EPA NPDES Electronic Reporting Rule was finalized on December 21, 2015. Effective December 21, 2016, NPDES regulated facilities are required to submit Discharge Monitoring Reports (DMRs) electronically. Effective December 21, 2020, NPDES regulated facilities will be required to submit additional NPDES reports electronically. This permit contains the requirements for electronic reporting, consistent with Federal requirements. 12. Summary of Proposed Permitting Actions: A. Table. Current Permit Conditions and Proposed Changes – Outfall 001 Parameter Current Permit Proposed Change Basis for Condition/Change Flow MA 0.225 MGD Expansion MA 0.300 MGD No change 15A NCAC 2B .0505 Temperature Effluent: Monitor & Report Instream temperature shall not be increased by more than 0.5 °C. No change WQBEL. Based on protection of State WQ criteria. 15A NCAC 2B.0200 Class C Narrative Standard for trout waters NCAC 02B .0211 (18) BOD5 Summer: MA 5.0 mg/l DM 7.5 mg/l Winter: MA 10.0 mg/l DM 15.0 mg/l No change WQBEL. Based on protection of DO standard. 15A NCAC 2B.0200 HQW standard 15A NCAC 02B .0224(c)(2)(A) NH3-N Summer: MA 2.0 mg/l DM 10.0 mg/l Winter: MA 4.0 mg/l DM 20.0 mg/l No change WQBEL. Based on protection of State WQ criteria. 15A NCAC 2B.0200 HQW standard 15A NCAC 02B .0224(c)(2)(A) TSS MA 10.0 mg/l DM 15.0 mg/l No change WQBEL. Based on protection of State WQ criteria. 15A NCAC 2B.0200 HQW standards for trout waters 15A NCAC 02B .0224(c)(2)(B) DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 7 of 9 Fecal coliform MA 200 /100ml DM 400 /100ml No change WQBEL. Based on protection of State WQ criteria. 15A NCAC 2B.0200 Class C standard NCAC 02B .0211 (7) DO > 6 mg/l The effluent dissolved oxygen concentration sha not cause the dissolved oxygen of the receiving stream to drop more than 0.5 mg/L below background levels. No change WQBEL. State WQ standard, 15A NCAC 2B .0200 HQW standard 15A NCAC 02B .0224(c)(2)(A) pH 6 – 9 SU No change WQBEL. State WQ standard, 15A NCAC 2B .0200 Class C standard Narrative Standard for all waters NCAC 02B .0211 (14) Total Residual Chlorine (TRC) DM 28 µg/L No change WQBEL. State WQ standard, 15A NCAC 2B .0200 Class C standard NCAC 02B .0211 (7) See Factsheet Section 6 discussion. Electronic Reporting Required Update Electronic Reporting Special Condition In accordance with EPA Electronic Reporting Rule 2015. MGD – Million gallons per day, MA - Monthly Average, WA – Weekly Average, DM – Daily Max The draft permit includes the following significant changes from the existing permit: 1. The permit map was updated. 2. The facility classification Grade II Biological Water Pollution Control System (WPCS) was added to the effluent page. 3. The electronic reporting permit special condition A. (3.) was updated. 13. Public Notice Schedule: Permit to Public Notice: 08/19/2020 [See Attachment E] Per 15A NCAC 2H .0109 & .0111, The Division will receive comments for a period of 30 days following the publication date of the public notice. Any request for a public hearing shall be submitted to the Director within the 30 days comment period indicating the interest of the party filing such request and the reasons why a hearing is warranted. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 8 of 9 No public comments were received. For ARO comments/staff report see Attachment F. For peer review comments see Attachment G. For permittee comments see Attachment H. 14. Fact Sheet Addendum (if applicable): Were there any changes made since the Draft Permit was public noticed (Yes/No): No. If Yes, list changes and their basis below: NA. 15. Fact Sheet Attachments (list in order of reference): A. NC0088188_Application_20200505_5p B. Scenic Wolf Development LLC 2011 Update_Tom Belnick_20110919_1p C. NC0088188_Factsheet_2011_James McKay_2p D. 2018 NC Integrated Report_072519_p533 E. Affidavit_The News_Record_Senitnel_20200819_2p F. ARO Comments_Daniel J Boss_20200722_2p G. Peer Review_Emily Phillips_20200731_1p H. Permittee Comments_Electronic Document Transmittal Approval_20200831_2p DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Page 9 of 9 NPDES PERMITTING CHECK LIST Permit Drafting Initiated [BIMS Events] (review application for completeness) 07/24/2020 RO staff report requested [BIMS Events], sent email to: ---- RO staff report received [BIMS Events]: Daniel J Boss 07/22/2020 EAA Review (new or expanding) NA Update/ Create Permit Outfall (Lat/Lon, HUC code, etc.) [BIMS] 10/19/2020 Add. Info. Requested [BIMS Events]: NA Add. Info. Received [BIMS Events]: NA Submit for Peer Review by Emily Phillips 07/28/2020 Peer Review Completed 07/31/2020 Region comments on draft requested to (see draft to whom list): Heim, Tim <Tim.Heim@ncdenr.gov> Davidson, Landon <landon.davidson@ncdenr.gov> Boss, Daniel J<daniel.boss@ncdenr.gov> 08/13/2020 Region comments on draft received from: None Draft to additional reviewers ATB [BIMS Events]: NA Draft from additional reviewers ATB [BIMS Events]: NA Draft to additional reviewers WOCG [BIMS Events]: Maureen.Kinney@ncdenr.gov 08/13/2020 Draft from additional reviewers WOCG [BIMS Events]: None If stream class WS, Draft to additional reviewers PWS (see draft to whom list) [BIMS Events]: NA If stream class WS, Draft form additional reviewers PWS [BIMS Events]: NA Other agency comments requested (see draft to whom list, for S –DMF / Shellfish) [BIMS Events]: Leslie, Andrea J <andrea.leslie@ncwildlife.org> 08/13/2020 Other agency comments received [BIMS Events]: Leslie, Andrea J <andrea.leslie@ncwildlife.org> None Submitted for Public Notice on 08/11/2020 Public notice published [BIMS Events] 08/19/2020 BIMS Scheduled Issuance Date [BIMS Events - automatic] 10/03/2020 Final to DocuSign: 10/27/2020 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 May 5, 2020 Wren Thedford NCDEQ/DWR/NPDES 1617 Mail Service Center Raleigh, NC 37699 Dr. Mr. Thedford: I am writing to request the renewal of Scenic Wolf Development, LLC's NPDES Permit NCO088188 ("Permit"). There have been no changes to the facility since the issuance of the last permit, as the facility has yet to be constructed. Please find enclosed one signed original completed application on Form D to renew the Permit. The facility has no sludge management plan because the facility has not been built yet, but I wish to renew the Permit for future construction of the facility. Please contact me with questions or if you need additional information Managing Member Scenic Wolf Development, LLC DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCO088188 Ifyou are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Scenic Wolf Development, LLC Facility Name Scenic Wolf Mountain WWTP Mailing Address 578 Valley View Circle City Mars Hill State / Zip Code NC 28754 Telephone Number 828 768-1533 Fax Number e-mail Address rgbbussey@gmail.com 2. Location of facility producing discharge: Note: facility not constructed and not producing discharge Check here if same address as above Street Address or State Road Puncheon Fork Road City Mars Hill State / Zip Code NC 28754 County Madison 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Scenic Wolf Development, LLC Mailing Address 578 Valley View Circle City Mars Hill State / Zip Code NC 28754 Telephone Number (828 76) 8-1533 Fax Number 0 e-mail Address rgbbussey@gmail.com DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Facility Generating Wastewater(check all that apply): N/A— facility not yet constructed Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shi There is no wastewater currently generated because the facility has not been built. of persons served: 0 pping centers, restaurants, etc.): 5. Type of collection system — The collection system has not been built Separate (sanitary sewer only) Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 0 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? Yes No (not yet constructed) 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): Puncheon Fork Creek located within the sub -basin of the French Broad Ri er Basin 8. Frequency of Discharge: Continuous Intermittent If intermittent: Days per week discharge occurs 0 Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description ofthe treatment system in a separate sheet ofpaper. The facility has no installed components because the facility has not been built yet, but I wish to renew the Permit for future construction of the facility. The components that will be installed include a dual bar screen, odor control, six (6) flow equalization tanks, six (6) anoxic tans, 21 aeration tanks, six (6) secondary clarifiers, six (6) media filters, dual channel UV disinfection, an effluent cooling system, and three (3) sludge digester tanks.0.225 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 10. Flow Information: Treatment Plant Design flow 0.225 MGD expandable to .300 MGD Annual Average daily flow 0 MGD (for the previous 3 years) Maximum daily flow 0 MGD (for the previous 3 years) 11. Is this facility located on Indian country? Yes No 12. Effluent Data NEWAPPLICANTS. Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for Parameters currently in vour hermit. Mark other Parameters `NIA". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD3) 0 0 n/a Fecal Coliform 0 0 n/a Total Suspended Solids 0 0 n/a Temperature (Summer) 0 0 n/a Temperature (Winter) 0 0 n/a pH 0 0 n/a 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) Ocean Dumping (MPRSA) NCO088188 Dredge or fill (Section 404 or CWA) Other: A to C 088188AOI 14. APPLICANT CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing Title © W P S'cPn > C jn/r l 1 /74,Z) W ravel Date 5151c1l DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 4 Form-D 9/2013 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 Scenic Wolf Development LLC NPDES Permit NC0088188 Madison County Original NPDES Permit Issued 2006 • Public Hearing (with Tedder as HO) held August 3, 2006- attended by 300+ • Final Permit applied HQW requirements for C Trout class • Final Permit issued October 25, 2006 for phased 0.225/0.3 MGD • Final Permit was contested by Clean Water NC (Hope Taylor) • ALJ Beecher Gray ruled in favor of DWQ/Permittee 12/8/2008; EMC concurs ATC Permit issued 2007 • ATC permit for Phase 1 issued 8/10/2007 Stream Reclassified to ORW 2009 • Reclass public hearing (EMC Freddie Harrill is HO) held March 31, 2009 o For Big Laurel Creek watershed, 12 people attended hearing, and 5 spoke (in favor of reclass). There were 20 letters received, all in support of ORW reclass o All NPDES permittees were mailed public hearing announcement. o Permittee did not attend/comment on proposed reclass. • Hearing Officer recommended ORW reclass, and EMC concurs on 7/9/2009 • ORW reclass effective September 1, 2009 Permit Renewal 2011 • Current facility status: o Development located on approx 500 acres, was envisioned to include 800 single family homes and condos, ski resort, equestrian, etc. o Permittee purchased some WWTP components (Consultant states $120,000), but no construction o Development by 2005 included 15 homes and one restaurant served by septic system. Master plan recognized need for NPDES discharge for buildout. o ARO site inspection reports for 2010&2011 confirm no WWTP construction. • Renewal application received 3/30/2010 • Draft permit sent to Public Notice 7/20/2011 • SELC (on behalf of Western NC Alliance/French Broad Riverkeeper) submits comments, requesting public hearing/revocation due to ORW reclass. Attachments: SELC Comment Letter to 2011 Draft Permit Renewal Hearing Officer Report for 2009 ORW Reclassification EMC Agenda Item- 2009 Reclass Adoption ARO Inspections 2010&2011 Tom Belnick, 9/19/2011 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NCDENR/DWQ FACT SHEET FOR PERMIT RENEWAL Scenic Wolf Mountain Resort NC0088188 Facility Information (1.) Facility Name: Scenic Wolf Mountain Resort WWTP (2.) Permitted Flow MGD): 0.225 MGD / 0.3 MGD (7.) County: Madison (3.) Facility Class: II (8.) Regional Office: Asheville (4.) Pretreatment Program: N/A (9.) State Grid: D8NE (5.) Permit Status: Existing/ renewal (10.) USGS Quad Name: Sams Gap (6.) Permit Writer: Jim McKay (11.) Date: 7/8/2011 Stream Characteristics (1.) Receiving Stream: Puncheon Fork Creek (7.) Drainage Area (mi2): 4.8 (2.) Sub-basin: 04 03 04 (8.) Summer 7Q10 (cfs): 1.14 (3.) Stream Index Number: (9.) Winter 7Q10 (cfs): 1.78 (4.) Stream Classification: C; ORW, Tr (10.) 30Q2 (cfs): 2.47 (5.) 303(d) Status: Not listed (11.) Average Flow (cfs): 7.25 (6.) 305(b) Status: Not listed (12.) IWC %: 23% / 29% Summary Scenic Wolf Development LLC has requested renewal of the permit for Scenic Wolf Mountain Resort WWTP. When the permit was issued in 2007, the receiving water was classified as C: Tr. It has subsequently been reclassified as C; ORW, Tr. Since the permit was issued prior to reclassification, the Division contends that the WWTP will be allowed to be built and operated as permitted if the economy improves to the point where development does occur. The resort development and WWTP have not been built, so there are no DMRs available for review. The permit will be renewed with the following minor updates and changes: 1. Expiration date on the Cover Page has been changed to 2015. 2. On the Supplement to Permit Cover Sheet, the classification of Puncheon Fork Creek has been changed to C; ORW, Tr. 3. On the map, the stream classification has been changed to C; ORW, Tr. 4. A.(1) and A.(2) Effluent Limitations and Monitoring Requirements: • Footnote 4 regarding instream D.O. has been revised to say "The effluent D.O. concentration shall not cause the D.O. of the receiving water to drop more than 0.5 mg/ L below background levels." • Footnote 5 regarding TRC has been updated per the Division's permitting strategy for TRC. Proposed Schedule for Permit Issuance Draft Permit to Public Notice: July 20, 2011 Permit Scheduled to Issue: February 2, 2012 Delay of Issuance of Permit The Southern Environmental Law Center, on August 19, 2011, requested a public hearing on the permit renewal. A public hearing was held when the permit was originally issued in 2007, then the permit was challenged by Clean Water North Carolina in August 2008. The permit was upheld in the ALJ/ EMC decision. Another public hearing was held in conjunction with the reclassification of the water from C, Trout to ORW in March 2009. The Director decided to not hold another public hearing in late January 2012. The applicant applied for permit renewal in a timely manner, and applied for and received an ATC permit on 8/10/2007 during the original permit term. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NPDES Permit Fact Sheet – 07/26/20 Scenic Wolf Mountain WWTP Page 2 NC0088188 If you have any questions on any of the above information or on the attached permit, please contact Jim McKay at (919) 807-6404, or by email at James.McKay@ncdenr.gov. Name: Date: DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 2018 NC Intergrated Report Upper French Broad SubbasinFrench Broad River Basin 06010105 Puncheon Camp Branch6-108-7 From source to Big Pine Creek Classification C Length or Area 1 Units FW Miles Previous AU Number Assessment Criteria StatusParameter of Interest Category Collection_Year Meeting CriteriaArsenic (10 µg/l, HH, NC)1 2014 Meeting CriteriaBerylium (6.5 µg/l, AL, NC)1 2014 Meeting CriteriaCadmium (2 µg/l, AL, FW)1 2014 Meeting CriteriaChromium (50 µg/l, AL, FW)1 2014 Meeting CriteriaCopper (7 µg/l, AL, FW)1 2014 Exceeding CriteriaFish Tissue Mercury (Nar, FC, NC)4t 2012 Data InconclusiveIron (1000 µg/l, Natural, FW)3z1 2014 Meeting CriteriaLead (25 µg/l, AL, NC)1 2014 Meeting CriteriaSelenium (5 µg/l, AL, FW)1 2014 Meeting CriteriaZinc (50 µg/l, AL, FW)1 2014 Puncheon Fork6-112-5 From source to Big Laurel Creek Classification C;Tr Length or Area 5 Units FW Miles Previous AU Number Assessment Criteria StatusParameter of Interest Category Collection_Year Meeting CriteriaBenthos (Nar, AL, FW)1 2012 Exceeding CriteriaFish Tissue Mercury (Nar, FC, NC)4t 2012 Page 533 of 17277/23/2019 2018 NC Integrated Report DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 10/18/2020 Mail - Denard, Derek - Outlook https://outlook.office365.com/mail/search/id/AAQkADdhYTVmZDBlLTE5ZDctNGI5MC04ZjliLWU4MjVhZTBhMmJkMgAQAMlHVTwPoEyfjWC4NEKUA…1/2 RE: status of NC0088188? Boss, Daniel J <daniel.boss@ncdenr.gov> Wed 7/22/2020 1:01 PM To: Weaver, Charles <charles.weaver@ncdenr.gov> Cc: Davidson, Landon <landon.davidson@ncdenr.gov>; Denard, Derek <derek.denard@ncdenr.gov>; rgbbussey@gmail.com <rgbbussey@gmail.com> Hi all, Mr. Bussey told me that the Scenic Wolf Mountain WWTP has not yet been constructed. They were planning to have begun construc 10/18/2020 Mail - Denard, Derek - Outlook https://outlook.office365.com/mail/search/id/AAQkADdhYTVmZDBlLTE5ZDctNGI5MC04ZjliLWU4MjVhZTBhMmJkMgAQAMlHVTwPoEyfjWC4NEKUA…2/2 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 RE: Peer Review - NC0088188 Scenic Wolf Development, LLC - Scenic Wolf Mountain WWTP Phillips, Emily <Emily.Phillips@ncdenr.gov> Fri 7/31/2020 11:39 AM To: Denard, Derek <derek.denard@ncdenr.gov> Looks good from here… have a good weekend! From: Denard, Derek <derek.denard@ncdenr.gov> Sent: Tuesday, July 28, 2020 4:10 PM To: Phillips, Emily <Emily.Phillips@ncdenr.gov> Subject: Peer Review - NC0088188 Scenic Wolf Development, LLC - Scenic Wolf Mountain WWTP Emily, A 10/18/2020 Mail - Denard, Derek - Outlook https://outlook.office365.com/mail/AAMkADdhYTVmZDBlLTE5ZDctNGI5MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56l21cjmNA…1/2 [External] Re: Draft NPDES Permit NC0088188 - Scenic Wolf Mountain WWTP Rick Bussey <rgbbussey@gmail.com> Thu 8/13/2020 8:55 AM To: Denard, Derek <derek.denard@ncdenr.gov> Cc: Heim, Tim <Tim.Heim@ncdenr.gov>; Davidson, Landon <landon.davidson@ncdenr.gov>; Boss, Daniel J <daniel.boss@ncdenr.gov>; Kinney, Maureen <Maureen.Kinney@ncdenr.gov>; Leslie, Andrea J <andrea.leslie@ncwildlife.org> CAUTION: External email. Do not click links or open a 10/18/2020 Mail - Denard, Derek - Outlook https://outlook.office365.com/mail/AAMkADdhYTVmZDBlLTE5ZDctNGI5MC04ZjliLWU4MjVhZTBhMmJkMgAuAAAAAADg3GZR8iZnTYW56l21cjmNA…2/2 919 707 3618 office 919 707 9000 main DWR derek.denard@ncdenr.gov 1617 Mail Service Center Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1