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HomeMy WebLinkAboutNC0088170_Owner (Name Change)_20190118ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Mr. Anil Chargarlamudi, President CGK, LLC 133 Tigerlily Drive Houma, LA 70360 Dear Permittee: NORTH CAROLINA Environmental Quality January 18, 2019 Subject: NPDES Permit NC0088170 Transfer of Ownership/Permit Modification Whispering Streams WWTP WWNC Biological WPCS Ashe County ° The Division hereby re -issues permit NC0088170. This action is taken to show that you are now the owner of the subject facility. This permit 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). If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. 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 other permits which may be required by any other Federal, state, or local government. If you have any questions concerning this matter, please contact Emily Phillips at (919) 707-3621 or via e-mail [emily.phillips@ncdenr.gov]. ely, Linda Culpepper Director, Division of Water Resources North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617 919.707.9000 Permit NC0088170 WWNC Biological Water Pollution Control System [15A NCAC 08G .0302] STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, CGK, LLC is hereby authorized to discharge wastewater from a facility located at the Whispering Streams WWTP 1576 Pine Swamp Road Fleetwood Ashe County to receiving waters designated as unnamed tributary to West Fork Pine Swamp Creek in the New River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective January 18, 2019. This permit and authorization to discharge shall expire at midnight on March 31, 2021. Signed this day January 18, 2019. cia Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NC0088170 WWNC Biological Water Pollution Control System [15A NCAC 08G .0302] 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. CGK, LLC is hereby authorized to: 1. Construct and operate a 0.008 MGD package plant which will include the following components: ♦ Flow equalization ♦ Aerated sludge holding basin ♦ Aeration zones ♦ Hoppered bottom clarifer basin ♦ Tertiary filters ♦ Dual sanitron UV disinfection units ♦ Post aeration basin 2. The facility will be located at 1576 Pine Swamp Road at the Whispering Streams WWTP in Ashe County. 2. After submitting an Engineer's Certification for A to C No. 088170A01, discharge from said treatment works at the location specified on the attached map into an unnamed tributary to West Fork Pine Swamp Creek, currently a class C+ water in the New River Basin. Page 2 of 6 Permit NC0088170 WWNC Biological Water Pollution Control System [15A NCAC 08G .0302] Part I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon completion of the construction of WWTP and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored 1 by the Permittee as specified below: * * Winter: Novemberl - March 31 Footnotes: EFFLUENT CHARACTERISTICS Parameter Codes LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 50050 0.008 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) C0310 5.0 mg/L 7.5 mg/L Weekly Grab Effluent Total Suspended Solids C0530 10.0 mg/L 15.0 mg/L Weekly Grab Effluent NH3 as N -Summer* C0610 2.0 mg/L 10.0 mg/L Weekly Grab Effluent NH3 as N -Winter* C0610 4.0 mg/L 20.0 mg/L Weekly Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorine (TRC) 2 50060 28 pg/L 2/Week Grab Effluent Dissolved Oxygen 00300 Daily Average > 5.0 mg/L Weekly Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent pH 00400 Not < 6.0 nor > 9.0 Standard Units Weekly Grab Effluent 1. The Permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. [See A. (2.)]. 2. Limit and monitoring applies only if chlorine is added for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/1. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 6 Permit NC0088170 WWNC Biological Water Pollution Control System [15A NCAC 08G .0302] A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 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. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 mailing address above. 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: Page 4 of 6 Permit NC0088170 WWNC Biological Water Pollution Control System [15A NCAC 08G .0302] • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. 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(1) (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 Page 5 of 6 Permit NC0088170 WWNC Biological Water Pollution Control System [15A NCAC 08G .0302] 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.ncgov/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: "1 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 forgathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. 1 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]. Page 6 of 6 • BIN A f Latitude: 362 16'12” Longitude: 81° 27' 21" Stream Class: C; Tr:+ Sub -basin: 05-07-01 Receiving Stream: UT West Fork Pine Swamp Creek CGK, LLC Whispering Streams WWTP �.L • Facility Location NC0088170 Ashe County IW4. Water Resources ENVIRONMENTAL QUALITY 1. PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Permit Number: NCOO 8 / 8 / 1 17 / o or NCG5 / / / / 1. Facility Name: )/.FiSncZiA/G S 11. NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: a. Change in ownership of property/company b. Name change only c. Other (please explain): 2. New owner's name (name to be put on permit): CC tK LL G. RECEIVED/DENR/DWR JA N 0 4 2019 Water Resources Permitting Section 3. New owner's or signing official's name and title: 4. Mailing address: State: L-4 /33 7/u1 ,4 ,ti/i L G<.F4-2 M 4-/ t (Person legally responsible for permit) e.-.L1 (Title) D City: Ake vi .� Zip Code: 703 40 Phone: (?ff r) 4 ei 0oZs" E-mail address: S ti 5 /N / L 4 L• w-t. THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application form 2. Legal documentation of the transfer of ownership (such as a property deed, articles of incorporation, or sales agreement) [see reverse side of this page for signature requirements] State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits NPDES Name & Ownership Change Page 2 of 2 Applicant's Certification: Y' '�L 514'1 , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: / z-50//8 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 7/2016 0486 0039 BK: 00486 PG: 0039 FILED ASHE COUNTY DEAETT R. ROTEN REGISTER OF DEEDS FILED Nov 09, 2017 AT 02:48:25 pm BOOK 00486 START PAGE 0039 END PAGE 0041 INSTRUMENT # 05033 EXCISE TAX $2,400.00 SPACE ABOVE THIS LINE FOR RECORDING DATA Excise Tax: $2400.00 Parcel Number: 15279-086 and 15279-116 Prepared by: Return to: Edsall Law Firm, PC (17-282) Grantee James T. Edsall, Attorney at Law, Pres. 312 Cross Park Drive; P.O. Box 2154 Banner Elk, NC 28604 NORTH CAROLINA ASHE COUNTY WARRANTY DEED THIS DEED made this 3rd day of November, 2017, by and between: Laurel Mountain Builders, LP, of 16300 Ledgemont Lane, #2404, Addison, TX 75001, Grantor, And CGK, LLC, a Louisiana Limited Liability Company, 133 Tigerlily Drive, Houma, LA 70360, Grantee: The designation Grantor and Grantee as used herein shall include said parties, their heirs and successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: TI-IAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey, unto the Grantee in fee simple, all that certain lot or parcel of land situated in Ashe County, North Carolina, and more particularly described as follows: See attached EXHIBIT "A" 0486 0040 2017. (seal) BK: 00486 PG: 0040 Pursuant to NCGS 105-317.2, Grantor represents that the property conveyed herein does NOT include the primary residence of a Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 323, Page 766 and Book 323, Page 768, Ashe County Public Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Easements, restrictions and rights of way of record; 2. Ad valorem taxes for the year 2017, which are being pro -rated as of the date of closing. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers by authority of its Board of Directors, the day and year first above written. Laurel Mountain Builders, LP By Bingham Companies, Inc., By: Michael Bingham, Presi STATE OF COUNTY OF General Partner Ise2:7N CAP-cz/ � 4 I, \ 'Ylt-ST kSI L. L _— , a Notary Public of the County and State aforesaid, certify that Michael Bingham, President of Bingham Companies, Inc., General Partner of Laurel Mountain Builders, LP, personally appeared before me and acknowledged the execution of the foregoing instrument for and as the act of said company. Witness my hand and official stamp or seal this the 5 day of /kN yEyYQQ James T. Edsall Notary Public Avery County North Carolina/ Commissi • n Ex • res Notary Public \jam' My commission expires: 0486 0041 BK: 00486 PG: 0041 Exhibit A BEING ALL OF that 9.092 acre parcel lying in Pine Swamp Township, Ashe County, North Carolina, together with all improvements thereon, as shown on the plat entitled in part "Whispering Streams," prepared by Jason T. Herman, PLS, recorded in Plat Book 8, Page 363, Sheets 1 through 7, inclusive, of the Ashe County Public Registry, to which plat reference is herein made for a more particular description.