NC0086053_JSD Letter and Public Notice_20210527

DocuSign Envelope ID: 0BB85A80-4BA6-4799-8D6E-0579300C30EE
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
5/27/2021
CERTIFIED MAIL ITEM -7018 1830 0001 8037 2056- RETURN RECEIPT REQUESTED
Josh Nickol, GM/Finance Officer
Junaluska Sanitary District
P.O. Box 35
Lake Junaluska, NC 28745
Delivered via email and via certified mail
Subject: Permit Transfer Request
NPDES PERMIT NCO086053
Pilot Travel Center #393
Haywood County
Dear Mr. Nickol:
As requested, the N.C. Department of Environmental Quality's (DEQ) Division of Water Resources
(DWR) is providing an update regarding the request for an ownership/name change via a minor
modification for the NPDES permit for Pilot Travel Center #393, NCO086053 (Permit). DWR staff have
had several communications with Junaluska Sanitary District (JSD), its consultant, Pilot Travel, and
operators of the Pilot Travel Wastewater Treatment Plant (WWTP) over the last few months.
As you are aware, the WWTP that the Permit is associated with has been demolished and the discharge
eliminated by connection to a publicly owned treatment works (POTW). Accordingly, on March 1, 2021,
DWR provided to the permittee 60-days notice of DWR's intent to revoke the NPDES permit. Due to the
permittee's objection and in accordance with applicable law, DWR will public notice its intent to revoke
the NPDES permit or, in the alternative, deny the permittee's renewal application. Additionally, DWR is
noticing its intent to deny the request for ownership name change/minor modification of the Permit.
Attached you will find the public notice that will be in a paper having general circulation in Haywood
County. This notice will appear within the next few days. After close of the 30-day public comment
period, the Director will review any comments received and will take final actions.
Aside from the fact that DWR has initiated the processes described above, DWR has concerns regarding
the requested ownership change via a minor modification pursuant to 40 CFR § 122.63(d). Ownership or
control of the facility has not changed per 40 CFR § 122.63(d). Instead, JSD provided a sales agreement
that purports to transfer ownership of the Permit itself. State and federal law, as well as the Permit, make
clear that transferring a NPDES permit is a regulatory process requiring DWR action.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
177 r`i CAR01 INA
oeoa � men ie� �uin.si\ /' 919.707.9000

DocuSign Envelope ID: 0BB85A80-4BA6-4799-8D6E-0579300C30EE
Josh Nickol
NCO086053
Page 2
It should also be noted that in 2015 JSD applied for and received State funds for the project that
connected the Pilot Travel discharge to the collection system. In the application, JSD indicated that one
intent of the project was the elimination of two NPDES permits, including the Permit at issue here. In
October of 2019, JSD's consultant contacted DWR regarding the process for a permit ownership change,
but did not reference which facility or permit was the subject of the inquiry nor who he was representing
in his inquiry. In response, DWR explained the process. Almost a year later, in September of 2020,
JSD's consultant inquired about transferring this Permit. At that time, the wastewater flow was already
connected to JSD's collection system for treatment at a POTW and Pilot Travel's WWTP was being
closed out. hi response to the specific inquiry, DWR communicated to both the permittee and to JSD
that, given the circumstances, permit rescission was likely.
Despite the foregoing, JSD submitted a request to transfer the Permit in October of 2020. Effectively the
request asks DWR to transfer an NPDES permit where the discharge was eliminated and treatment
facilities razed, thereby authorizing a discharge of unknown wastewater quality and quantity for a
potential future WWTP of unknown specification. DWR believes that the connection and razing of the
subject WWTP and elimination of the permit are consistent with the goals of the NPDES program.
If you have any questions or would like to discuss further, please contact me at
j ohn.hennessykncdenr. gov.
Sincerely,
DocuSigneedd by:
n
8328B44CE9EB4A1...
John E. Hennessy
Compliance and Expedited Permitting Unit
cc: NPDES Files - electronic
Asheville Regional Office / Water Quality — electronic

DocuSign Envelope ID: 0BB85A80-4BA6-4799-8D6E-0579300C30EE
Public Notice
North Carolina Department of Environmental Quality, Division of Water Resources
NPDES Unit - 1617 Mail Service Center - Raleigh, NC 27699-1617
Notice of intent to revoke NPDES Permit NC0086053 Pilot Travel Center #393, deny
permittee's renewal application, and/or deny a permit transfer request.
Pilot Travel Centers, LLC [5508 Lonas Drive, Knoxville, TN 37909] applied for renewal
of NPDES permit NC0086053 (Permit) for its wastewater treatment plant (WWTP),
located at 3712 Crabtree Road in Waynesville, N.0 (Haywood County). This WWTP
discharged treated wastewater to Stingy Branch, a tributary to the Pigeon River in the
French Broad River Basin. After submitting its permit renewal application, the permittee
terminated the discharge by connecting wastewater flows to a publicly owned treatment
works (POTW) and razing its WWTP. After the wastewater was routed to a POTW and
closure of the WWTP was nearly complete, the permittee and Junaluska Sanitary
District submitted a request to have the Permit transferred to Junaluska Sanitary District
via a minor modification/ownership name change.
The North Carolina Department of Environmental Quality, Division of Water Resources
(DWR) proposes to revoke NPDES permit NC0086053 or, in the alternative, deny the
permittee's renewal application. DWR is also proposing to deny the request for an
ownership name change via minor modification. Written comments regarding the
proposed actions will be accepted until 30 days after the publication of this notice. The
Director of DWR may hold a public hearing should there be a significant degree of
public interest. Please mail comments and/or information requests to DWR at the above
address. Interested persons may visit DWR at 512 N. Salisbury Street, Raleigh, NC
27604 to review information on file. Additional information on NPDES permits and this
notice may be found on our website: http-//deq.nc.gov/about/divisions/water-
resources/water-resources-permits/wastewater-branch/npdes-wastewater/public-
notices,or by calling [phone].