HomeMy WebLinkAboutNCS000475_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
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