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Home My WebLink AboutNCS000475_Clyde Waiver Request_20210913LCNelosues S September 7, 2021 Annette Lucas, PE Stormwater Permitting Program Manager N.C. DEQ Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, N.C. 27699-1612 RE: Request removal from Stormwater Phase II Post Construction Runoff Delegation Dear Ms. Lucas, PE, The Town of Clyde is requesting to be removed from delegation in administration and enforcement of Stormwater Phase II post construction runoff requirements effective November 1, 2021. The Town's population at the last census of 2010 was 1,223 residents. We are located in Western North Carolina west of Town of Canton and are a bedroom community with employment opportunities in adjacent counties and municipalities. In the last five years, we have not had any development in the Town corporate limits, within the last 15 years, there were only 4 permits issued. If our request is not granted, we would like to remove the extra territorial jurisdiction from our delegation so that the MS4 permit, and this delegation are uniform. We appreciate DEQ DEMLR's consideration in evaluating our request for removal of delegation. If you have any questions in regard to this request, please contact us direct at (828) 627-2566 or Jov.Garland@townofclvde.com . Sincerely, Joy Garland Town Administrator James Trantham Mayor Enclosure: NCDEQ-DWR _ Benthos Site Details.PDF N C_2020_Categ o ry5_303 d l ist. PD F NC DEQ: Draft and Approved TMDLs excerpts for FBRB CC: Natalie J Berry, PE, Town Engineer Enclosure 1 September 7, 2021 Annette Lucas, PE Stormwater Permitting Program Manager Jeanette Powell Stormwater Permitting Environmental Engineer N.C. DEQ Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, N.C. 27699-1612 RE: Request for waiver from MS4 Stormwater Permit NCS 000475 Dear Ms. Lucas, PE and Ms. Powell, The Town of Clyde is requesting a waiver to rescind MS4 Stormwater Permit NCS 000475 utilizing the section 40 CFR § 122.32 part (e) as described below: "(e) The NPDES permitting authority may waive permit coverage if your MS4 serves a population under 10,000 and you meet the following criteria: (1) The permitting authority has evaluated all waters of the U.S., including small streams, tributaries, lakes, and ponds, that receive a discharge from your MS4; (2) For all such waters, the permitting authority has determined that storm water controls are not needed based on waste load allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern; (3) For the purpose of this paragraph (e), the pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from your MS4; and (4) The permitting authority has determined that future discharges from your MS4 do not have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. [64 FR 68842, Dec. 8,1999]" Town of Clyde's evaluation of 122.32(e)1-4: (e).1 Evaluation of waters: In Reviewing the data found in from Benthic Monitoring Data ARCGIS site, NCDEQ-DWR _ Benthos Site Details (enclosed) below is an excerpt from that report In this report, Evergreen Packaging has been identified as causing the Benthos that placed segment 5-7(b) and 5-7(c) of the Pigeon River on the 303(d) list The Evergreen Packaging Plant is not located in the Town of Clyde but in the Town of Canton east of Clyde. The last paragraph below states that "Water quality at this site appears to hover near the Fair to Good -Fair cusp with the 2017 rating of Fair just 1 EPT taxon shy of a Good -Fair rating. The rating in 2012 is also a cusp rating. With the advent of long-lived taxa present in the stream (stoneflies) it appears that water quality here, while not particularly good, is at least stable and does not appear to be worsening." Analysis - 24 Aug 2017 Located in Clyde in central Haywood County, this basin wide monitoring site on the Pigeon River lies downstream of a major NPDES discharger, Evergreen Packaging. Almost 80% of the watershed is forested, it's headwaters originating In Pisgah National Forest and Pisgah Game Lands. Areas downstream of Lake Logan are extensively cultivated and developed, particularly around Woodrow and Canton. This site has been sampled 15 times over the past 35 years. Eighteen EPT taxa were collected at the benthic monitoring site at SR 1642 in 2017. Fewer mayflies were collected in 2017 than in previous years, with only 4 taxa present at the time of sampling. However, stoneflies, absent in both 2006 and 2012, made a surprising showing at 3 taxa, all three of which are semivoltine (2-3 year life cycle). The in -stream caddisfly community was similar to that collected in previous sampling events. Water quality in the Pigeon River at this site has improved steadily since improvements were made to the paper mill in the early 1990's. In -stream macroinvertebrate habitat is relatively poor with riffles mostly lacking and riparian inputs low. Additionally, high water temperatures and a high specific conductance in - stream, a chronic problem at this site and a result of upstream effluent, were noted in 2017. Water quality at this site appears to hover near the Fair to Good -Fair cusp with the 2017 rating of Fair just 1 EPT taxon shy of a Good -Fair rating. The rating in 2012 is also a cusp rating. With the advent of long-lived taxa present in the stream (stoneflies) it appears that water quality here, while not particularly good, is at least stable and does not appear to be worsening. (e).2 Evaluation of TMDL: Reviewing the French Broad River 2010 Plan and NC TMDL and TMDL Alternative Watersheds Interactive map, French Broad River Basin (FBRB) in Clyde NC does not have any TMDUs noted. (TMDL list for French Broad enclosed) (e).3 Evaluation of 303(d) listing: Town of Clyde does not have any of the following: biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from our MS4. (French Broad 303(d) list enclosed) (e).4 Evaluation of Future Discharges: Clyde is a town in Haywood County, North Carolina, United States and covers 0.86 square miles. In the 2010 Census the population was noted at 1,223. Clyde is a bedroom community with residents living in Clyde and working elsewhere. The Town does not have any entity that can cause impairments to French Broad River Basin. After performing the evaluation, Clyde feels it qualifies for a waiver from MS4 Stormwater Permit NCS 000475 and all of the requirements. The Town understands that under 122.32.(c), The NPDFS permitting authority may waive the requirements otherwise applicable to our MS4 if you meet the criteria of paragraph (e) of this section. If we receive a waiver under this section, we may subsequently be required to seek coverage under an NPDES permit in accordance with 122.33(a) if circumstances change. We appreciate DEQ's consideration in evaluating our request for a waiver in accordance with 122.32. if you have any questions in regards to this request, please contact us direct at (828) 627-2566 or Joy. Garlandk@townofclyde.com. Sincerely, Joy Garland Town Administrator James Trantham Mayor Enclosure: NCDEQ-DWR Benthos Site Details.PDF NC_2020_Catego ryS_303dlist.PDF NC DEQ: Draft and Approved TMDLs excerpts for FBRB Benthos Site Details Waterbody Location Station ID Dote Bloclassiticatlon PIGEON SR 1642 EB257 24 Aug 2017 Fair County 8 digit HUC Latitude Longitude Elevation (ft) Haywood 06010106 35.535000 -82.911110 2540 Level IV Ecoreglon Drainage Area (ml2) Stream Width (m) Stream Depth (m) Broad Basins 162.0 35.0 0.5 Upstream NPDES Dischargers (> 1 MGD or <1 MGD and within 1 mile) NPDES Number Volume (MGD) Landuse (%) Forest Developed Impervious Cultivation Gross/Herb/Shrub Wetland Water Barren Water Quality Parameters 2017 2012 2006 .� Temperature(t) 26.9 23.3 27.9 r Dissolved Oxygen(mg/L) 7.6 0.0 50 Specific Conductance(µS/cm) 1312 773 638 PH (su) 0.0 0.0 7.8 Habitat Assessment Scores (max score) Substrate (%) Boulder (10). Cobble (45), Gravel (20), Sand 00), Silt 05) Water Clarity Clear Sample Date Sample ID Method ST EPT BI EPT BI BloclossiFlcatlon 24 Aug 2017 12289 EPT -- 18 - 4.29 Fair 21 Aug 2012 11488 Full Scale 56 21 5.50 4.15 Good -Fair 13 Jul 2006 9982 Full Scale 72 17 6.01 4.42 Fair 10 Sep 2002 8987 Full Scale 49 9 6.87 5.30 Poor 15 Dec 1999 8058 Full Scale 55 18 5.84 4.44 Fair 23 Jul 1997 7360 Full Scale 78 25 5.78 3.96 Good -Fair 07 Sep 1995 6948 Full Scale 44 16 5.88 5.32 Fair 02 Aug 1994 6631 Full Scale 44 13 6.05 4.99 Fair 19 Aug 1992 6000 Full Scale 63 16 6.64 4.09 Fair it Sep 1989 5070 EPT -- 5 -- 5.28 Poor 11 Sep 1989 5071 Full Scale 47 7 6.73 4.43 Poor 10 Aug 1988 4693 Full Scale 31 4 7.77 5.22 Poor 22 Feb 1988 4486 Full Scale 51 12 6.85 4.51 Poor 24 Jul 1986 3873 Full Scale 34 2 7.97 3.70 Poor NORTH CAROLINA 2020 303(D) LIST Upper French Broad French Broad River Basin AU Name AU Number Classification Length or Area Units AU ID Description Little Ivy Creek(Rlver) __—I i6961Da 541,HQW 26' !FW Miles l j 13851 Frorn [alilorava Creek to State Route! 1547 PARAMETER IR CATEGORY CRITERIA STATUS REASON FOR RATING 3030 YEAR Fecal Col iform (GM 200(6005 in 30, REC, FW I �5 IExceeding,Critena 4Pathogen indicatorStandards i_ 2014, . .. - lExceedance 11 iLltlle ivy Creek {River} _ I j6=96 106 - _ - - NVS II_HQW ' � __. J _- 2.11 FLW Miles � j 11E50j )From State Route 1547 Lo Ivy Creek to - _-- jj PARAMETER IR CATEGORY CRITERIA STATUS REASON FOR RATING 3030 YEAR Fecal Coliform jGM 200/6005 in 30, REC, FW) ! 5 _ _ �iFxceetling Criteria ---- I: :Pathogen Indicator Standards 11 2014 �Exceedance I !French Broad River Basin 06010106 Pigeon G c - [PIGEON RIVER (Waterville Lake below elevation j I' (I)b r� - � � - 6.4 ;FW Miles , R258) .. _ 10566j From 01S miles downstream of W. Park St to Stale Route 1642 (Main Street) PARAMETER IRCATEGORY CRITERIASTATUS REASON FOR RATING 3030 YEAR i _...-__ _ R. _. 'lFair, Poor or Severe Rioclassihcation Benmoz jNar, At, IL (Exceadin .--. _ _ 139R' !PIGEON RIVER (Waterville lake below elevation �•{7)c jk 7 81 IFW Mlles j 1D5)I, iFrom State Route 1642 (Main Street) to Crabtree Creek PARAMETER IR CATEGORY CRITERIASTATUS REASON FOR RATING 3030 YEAR Renthos Nar, AL, FW (5 jExceedrnifQjtena lFair, Poor or Severe 8iecla5sification !' 2020 `Rlchiand Creek (Lake Junaluska) �5 16 (11.5)d ,�8 J L IFW Acres j 10584�rLake lunaluska .2007 PARAMETER 1RCATEGORY CRRERIASTATUS REASON FOR RATING 3030 YEAR H 9 0 AL, FW �5 - iiExceedmg Criteria .!Exceeding Grem with Statistical ii 2020j onhdence Inman Branch iW Miles{ 306511 From source to West Fork Pigeon River -, a PARAMETER. IRGTEGORY CIIrTER1ASTATl15 :NFAS N; L.MW,M TurIadB SONTU ALT! — -- y , { _ ) _, _ . _ _—�Exteederg C[i[eria Legacy RAMS Assessments _2012 1/21/2021 NC 2020 903d Lis' Approved by LPA June 23,2021 Page 4S of 188 Vl J 0 F— L a M D WM .c U c N L LL r C N _N o � � N J 0 E > Q ¢ C a ¢ ¢ a w LL e E . E . W U a c 0 N r, :y . . s .