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NC0088188_Permit (Issuance)_20201030
Mr. Rick Bussey, Owner Member Manger Scenic Wolf Development, LLC 5 Rosecrest Court Asheville, NC 28804 Subject: Issuance of NPDES Permit NC0088188 Scenic Wolf Mountain WWTP Grade II Biological WPCS Madison County Dear Mr. Bussey: Division personnel have reviewed and approved your application for renewal of the subject permit. This permit renewal 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). This final permit includes no significant changes from the draft permit previously sent to you on August 11, 2020. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be 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 any other Federal, State, or Local governmental permit that may be required. If you have questions concerning the draft, please contact me at 919-707-3618, or via e-mail at derek.denard@ncdenr.gov. Sincerely, S.Daniel Smith Director, Division of Water Resources ec: NPDES File [Laserfiche] Rick Bussey [rgbbussey@gmail.com] ARO / Tim Heim [Tim.Heim@ncdenr.gov]; Landon Davidson [landon.davidson@ncdenr.gov]; Daniel Boss [daniel.boss@ncdenr.gov] DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 10/30/2020 NPDES Permit NC0088188 Page 1 of 7 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, Scenic Wolf Development, LLC is hereby authorized to discharge wastewater from a facility located at the Scenic Wolf Mountain WWTP Puncheon Fork Road, Mars Hill Madison County to receiving waters designated as Puncheon Fork in the French Broad River Basin, in accordance with effluent limits, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on September 30, 2025. Signed this day _________________________________________________________ S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 October 30, 2020 December 1, 2020 NPDES Permit NC0088188 Page 2 of 7 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. Scenic Wolf Development, LLC is hereby authorized to: 1. construct and operate a 100% domestic wastewater treatment facility in accord with the Division’s Authorization to Construct (ATC) No. 088188 AO1; with the following components; • 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 these facilities, to be located on Puncheon Fork Road, Mars Hill, Madison County, and 2. after submitting an Engineers Certification documenting that facilities are completed and operating in accord with the above ATC at flows not to exceed 0.225 MGD; and after receiving the Division’s authorization to operate, discharge from said treatment works via Outfall 001 (as described below), and 3. only after requesting permission from the Division to expand flow, and after submitting an Engineers Certification documenting treatment-system compliance with said expansion not- to-exceed 0.300 MGD; and after receiving the Division’s authorization to operate, then 4. discharge from said treatment works via Outfall 001, at the location specified on the attached map, into Puncheon Fork [Stream Segment 6-112-5] a waterbody currently classified C; Tr, ORW, located within subbasin 04-03-04 [HUC: 060101051001] of the French Broad River Basin. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NPDES Permit NC0088188 Page 3 of 7 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade II Biological Water Pollution Control System [15A NCAC 08G .0302] During the period beginning upon receipt of an Engineers Certification for a 0.225 MGD treatment facility and lasting until expansion above 0.225 MGD or permit expiration, the Permittee is authorized to discharge treated domestic wastewater via Outfall 001. Such discharges shall be limited, monitored and reported1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Codes] LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location2 Flow (MGD) 50050 0.225 MGD Continuous Recording E Temperature (°C) 00010 Monitor & Report Daily Grab E Total Residual Chlorine (TRC) (µg/L) 3 50060 28 µg/L 3 2 / Week Grab E BOD, 5-day (20ºC) (mg/L) (April 1 – October 31) CO310 5.0 mg/L 7.5 mg/L Weekly Grab E BOD, 5-day (20ºC) (mg/L) (November 1 – May 31) CO310 10.0 mg/L 15.0 mg/L Weekly Grab E Total Suspended Solids (TSS) (mg/L) CO530 10.0 mg/L 15.0 mg/L Weekly Grab E NH3-N (April 1-October 31) (mg/L) CO610 2.0 mg/L 10.0 mg/L Weekly Grab E NH3-N (November 1-March 31) (mg/L) CO610 4.0 mg/L 20.0 mg/L Weekly Grab E Fecal Coliform (#/100ml) 4 31616 200/100 ml 400/100 ml Weekly Grab E pH (su) 00400 > 6.0 and < 9.0 standard units Weekly Grab E Dissolved Oxygen (mg/L) 00300 6.0 mg/L Weekly Grab E Temperature (°C) 5 00010 See Footnote 5 Weekly Grab U, D Dissolved Oxygen (mg/L) 6 00300 See Footnote 6 Weekly Grab U, D Footnotes: 1. The Permittee shall submit Discharge Monitoring Reports electronically using NC DWR’s eDMR application system. See Special Condition A. (3.). 2. Sample Locations: E = Effluent, U = 50 feet upstream of the outfall, D = 100 feet downstream of the outfall. 3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by North Carolina certified test methods (including field certified), even if these values fall below 50 µg/L. 4. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part II. Section A. 5. Instream temperature shall not be increased by more than 0.5 °C. 6. The effluent dissolved oxygen concentration shall not cause the dissolved oxygen of the receiving stream to drop more than 0.5 mg/L below background levels. Conditions: • There shall be no discharge of floating solids or foam visible in other than trace amounts. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NPDES Permit NC0088188 Page 4 of 7 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade II Biological Water Pollution Control System [15A NCAC 08G .0302] During the period beginning upon receipt of an Engineers Certification for a 0.3 MGD treatment facility and lasting until permit expiration, the Permittee is authorized to discharge treated domestic wastewater via Outfall 001. Such discharges shall be limited, monitored and reported1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Codes] LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location2 Flow (MGD) 50050 0.3 MGD Continuous Recording E Temperature (°C) 00010 Monitor & Report Daily Grab E Total Residual Chlorine (TRC) (µg/L) 3 50060 28 µg/L 3 2 / Week Grab E BOD, 5-day (20ºC) (mg/L) (April 1 – October 31) CO310 5.0 mg/L 7.5 mg/L Weekly Grab E BOD, 5-day (20ºC) (mg/L) (November 1 – May 31) CO310 10.0 mg/L 15.0 mg/L Weekly Grab E Total Suspended Solids (TSS) (mg/L) CO530 10.0 mg/L 15.0 mg/L Weekly Grab E NH3-N (April 1-October 31) (mg/L) CO610 2.0 mg/L 10.0 mg/L Weekly Grab E NH3-N (November 1-March 31) (mg/L) CO610 4.0 mg/L 20.0 mg/L Weekly Grab E Fecal Coliform (#/100ml) 4 31616 200/100 ml 400/100 ml Weekly Grab E pH (su) 00400 > 6.0 and < 9.0 standard units Weekly Grab E Dissolved Oxygen (mg/L) 00300 6.0 mg/L Weekly Grab E Temperature (°C) 5 00010 See Footnote 5 Weekly Grab U, D Dissolved Oxygen (mg/L) 6 00300 See Footnote 6 Weekly Grab U, D Footnotes: 1. The Permittee shall submit Discharge Monitoring Reports electronically using NC DWR’s eDMR application system. See Special Condition A. (3.). 2. Sample Locations: E = Effluent, U = 50 feet upstream of the outfall, D = 100 feet downstream of the outfall. 3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by North Carolina certified test methods (including field certified), even if these values fall below 50 µg/L. 4. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part II. Section A. 5. Instream temperature shall not be increased by more than 0.5 °C. 6. The effluent dissolved oxygen concentration shall not cause the dissolved oxygen of the receiving stream to drop more than 0.5 mg/L below background levels. Conditions: • There shall be no discharge of floating solids or foam visible in other than trace amounts. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NPDES Permit NC0088188 Page 5 of 7 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. 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)] 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. The eDMR system may be accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr. 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 following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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. 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. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NPDES Permit NC0088188 Page 6 of 7 NPDES Electronic Reporting Rule – Phase 2 Extension. EPA is proposing to extend the Phase 2 deadline from December 21, 2020 until at least December 21, 2023. The current compliance date will be extended if the implementation date is extended as a final regulation change in the federal register. 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(l)(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: https://www.federalregister.gov/documents/2015/10/22/2015-24954/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 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 NPDES Permit NC0088188 Page 7 of 7 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)] 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: "I 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.)] 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]. DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1 ^ Copyright:© 2013 National Geographic Society, i-cubed ^_ 1:24,000Scale FacilityLocation NPDES Permit NC0088188Madison CountyNorth Scenic Wolf Development LLCScenic Wolf Mountain WWTPPuncheon Fork Road, Mars Hill 28754 Receiving Stream: Stream Segment: Drainage Basin: Latitude:USGS Quad: Stream Class:Sub-Basin:HUC:Longitude: Puncheon Fork6-112-5French Broad35° 56' 39"Sams Gap, NC C; Tr,ORW04-03-0406010105100182° 31' 35" Puncheon Fork [flows south] Outfall 001[flows south]Puncheon Fork Rd Not to Scale Outfall 001 Scale 1:3,000 DocuSign Envelope ID: 7378A1CD-85BA-45B9-B106-C85881C94CC1