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.