NC0006564_Comments_20221004

Lake James REGE%QED
' Environmental
Association -)Cl- 0 4 2022
N
CDEQIDW�NPDES
To protect and enhance the long-term environmental health and natural beauty of Lake James and its watershed
P.O. Box 430,Nebo,NC 28761
Website: www.ljea.org Email: [e-mail] Phone: [phone]
September 30, 2022
NCDEQ/DWR/NPDES
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Re. the Baxter Healthcare Corporation's Major Modification Request for NPDES permit
(NC0006564)
Mr. Adaryani,
Lake James Environmental Association (UEA) is a non-profit, volunteer-driven organization
focused on the protection of the Lake James watershed, which includes the North Fork Catawba
River. Established in 1973, UEA has a long history of protecting the watershed's lakes, rivers, and
streams, including many years of water quality sampling and analyses and participation in the
Volunteer Watershed Information Network for over 20 years. The North Fork has long been a
concern of our organization, for its riverine ecology and recreational value and for its impacts on
Lake James. In February 2022, we provided comments on the renewal of Baxter's NPDES permit
(NC0006564) and have appended those comments to this letter. We urge appropriate
consideration of LJEA's concerns in any forthcoming permit modifications. Regarding the
requested permit modifications presented in Baxter's application, we provide the following
comments:
• UEA opposes the request for reductions in monitoring frequency. The requested
reductions should not be considered until there is a longer performance record of the
updated facility. Also, referencing UEA's prior comments, reasonably intensive
monitoring should continue until the likely sources of impairments downstream of
Baxter's discharge have been identified and an assessment of the impacts of the
discharge on Lake James has been completed. The appropriate time to consider
relaxation of monitoring requirements is after those studies have been completed and
the Catawba River Basin Plan has been updated.

• The requirement to monitor turbidity should remain in the permit. The Baxter facility
discharges into designated Trout Water. The standard to protect the designated use is
specified in turbidity and the turbidity monitoring requirement should remain in the
permit. Additionally, changes in effluent turbidity can often signal an upset in plant
operations and performance. Frequent turbidity monitoring reduces the likelihood and
limits the impact of a standard's violation. Monitoring turbidity is inexpensive and
certainly does not present an undue financial burden.
• The requested time to come into compliance with the temperature discharge standards
is excessive. While we understand it takes time to design and construct additional
facilities to achieve reliable compliance, approval of a 5-year delay in compliance is not
warranted. In addition, Baxter should be required to submit a plan to remediate
excessive temperature discharges, using its current facilities and operational capabilities,
within six months.
Thank you for your consideration of UEA's comments on the requested permit modification.
Sincerely,
lee-elki 17 it
Todd Bell
President, Lake James Environmental Association
3111iA
Sophie McCarthy
Executive Director, Lake James Environmental Association
cc:
Doug Dowden, Div. of Water Resources, Supervisor, Industrial Permitting Unit
Craig Hesterlee, EPA Region 4, NPDES Permitting

1 .
Lake James
Environmental
Association
7o protect and enhance the long-term environmental health arnd natural6eauty of Gang James and its watershed.
P.O. Box 430,Nebo,NC 28761
Website: www.ljea.org Email: infonliea.org Phone: [phone]
February 25,2022
S. Daniel Smith, Director
NC Division of Water Resources
NC Environmental Management Commission/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617 RE: Baxter Healthcare Corporation
NPDES Permit No. NC0006564
Dear Mr. Smith,
Lake James Environmental Association (UEA) is a non-profit, volunteer-driven environmental
organization focused on the protection of the watershed of Lake James, which includes the North
Fork Catawba River. Established in 1973, LJEA has a long history of protecting the lakes, rivers and
streams flowing through the watershed, including many years of stream sampling and analyses and
participation in the Volunteer Watershed Information Network for the past 20 years. A main
tributary into the western end of Lake James, the North Fork Catawba River is directly impacted by
discharges; downstream, subsequent impacts on Lake James are concerning.
We appreciate the opportunity to comment on The Baxter Healthcare Corporation WWTP draft
NPDES Permit (NC0006564) renewal. At the direction of the UEA Board of Directors, we make the
following requests which are further detailed on page 8 of the attached Addendum:
• Increase effluent constituent monitoring requirements. Include once per week sampling
and reporting of Total Nitrogen, Total Phosphorus, Orthophosphate, and Total Hardness.
• Consider impacts of discharges upon the North Fork Catawba River and Lake James. The
permit should not be renewed until these impacts have been studied, most notably impacts
on the impaired reach of the North Fork and upon nutrient enrichment in the west end of
Lake James. Intensive monitoring of the lower North Fork Catawba River and the west end
of Lake James should be conducted during 2022. This will determine impacts of the Baxter
discharge on the ecology of those waters and provide guidance for the establishment of
specific constituent discharge limits.
• Allow for adding discharge limitations. Stipulate in the permit that additional constituent
discharge limits may be imposed during the permit period and prior to a next renewal.

Attached as an Addendum is the LJEA Community Science Committee's comments on the proposed
Baxter NPDES permit renewal which is the basis for our recommendations. The data and analyses
demonstrate the issues and impacts found by LJEA and the serious concern for both the North Fork
Catawba River and Lake James.
Thank you for your consideration.
For the Watershed,
-17 Q.)0\
Todd Bell
President, Lake James Environmental Association
+ 11
Sophie McCarthy
Executive Director, Lake James Environmental Association
Cc:
Julia Byrd, NC Div. of Water Resources, Industrial Permitting Unit
Doug Dowden, Div. of Water Resources, Supervisor, Industrial Permitting Unit
Craig Hesterlee, EPA Region 4, NPDES Permitting

•
ADDENDUM to UEA Comments 02.25.22
Community Science Committee (CSC) comments on proposed
Baxter NPDES permit renewal
Lakes James Environmental Association (UEA) has participated in the Volunteer Watershed
Information Network (VWIN) for the past twenty years. We currently sample 8 stream stations
on a monthly basis and five sites on Lake James monthly from May through October.
Laboratory analysis of the water quality samples is performed by The Environmental Quality
Institute located in Black Mountain, NC. Since 2018, we have been performing
macroinvertebrate sampling and analysis across the watershed. Field teams are led by, and
taxonomy conducted by, Reece Environmental Consulting located in Marion, NC. For years, our
data has demonstrated
that the North Fork of
li Institute The Environmental Quality st tute
the Catawba River and
the west end of Lake Volunteer Water Information Network (VWIN)
James are particular Chemical stream monitoring since 1990
LJEAVWIN monitoring since May 2001
areas of concern. For :>
years, the North Fork
below the Baxter
discharge has been an
outlier in comparison to
our monitoring sites _
across the watershed. �
For years, the west end
of Lake James has been .or
an outlier compared to
our other lake
monitoring sites.
Chemical Monitoring Data —Stream and Lake James Sites
The following data and comments demonstrate a significant impact of the Baxter discharge on
the North Fork and provide an overview of UEA concerns about the impact of the Baxter
discharges on the stream and downstream in Lake James.
1

Ambient concentrations
Nitrate/NitriteNitrogen 2019 to 2021 of Nitrogen below the
umC- Downstream Baxter discharge is an
_ '` outlier in comparison to
w
I." other UEA stream
e -- monitoring sites. Note
S 1,-
the significantly higher
itrogen levels
°s.... ,...._..._._...Q..._,_ . . .._... ... �.. . r 4.
Nompared to then
Catawba River at US221
_0,
1.1 ry t o o- r" €- F / ti =,' €-- �E �^ �p, and to Armstrong Creek.
J E a'
b a ; i
Forested average median 0.2 mg/L
Regional average median 0.4 mg/L
NC limit: 10.0 mg/L for water supply
Throughout the years of
UEA monitoring, Orthophosphate 2019 to 2021
Orthophosphate .,,.
concentrations downstream Uf3Nyh=0.Nnpt
of the Baxter discharge
(U13) have been the a.:.
hightest of all the stream o el' z
monitoring sites. That •
it"` _
remained true throughtout 1•'• - - �, lc__ ___$_ __ ___ -«
.. _
the 2019 to 2021 period. � ass �••• -t• * i � ® 4
The median observed °" r
concentration is double that i i 2 ra uN b ^1 s 9SO i 9 i a� = 138 b E a! .2
of the monitoring site F s " 4 _A u 0) : .f j 3 r i. c
upstream of the discharge
(U17). The above graph also Forested average median 0.04 mg/L
illustrates that the Regional average median 0.07 mg/L
Below 0.15 mg/L orthophosphate is recommended to prevent eutrophication (excessive
Orthophosphate levels at plant/algae growth).
the west end of Lake James
(U6) are significantly higher than other lake monitoring sites (U7,8, 9 and 11).
2

Alkalinity in the North
Alkalinity 2019 to 2021 Fork below the Baxter
Cataabaside UnwHeside Downstream discharge is consistently
6: higher than other sites
g across the Lake James
u G
watershed. It is the only
♦:
E 1 site monitored by UEA
- --f— where the median
__ _
_' _ ,— Alkalinity concentration is
. __
"' above the VWIN regional
n N r<" i32 r
N average median. Note
j Y a- .1 .- 3 r the difference between
o s -�' a E ,5= concentrations in the
= Catawba River near US221
Forested average median 10.1 mg/L
Regional average median 21.0 mg/L and Armstrong Creek, a
Varies geographically but is naturally very low in WNC tributary to the North
Fork.
The North Fork of the Catawba
River has significantly increased Conductivity 2019 to 2021
Conductivity below the Baxter e.,:,.,loa side Limwdiesde .. _
discharge. Note the signifinant
rise between monitoring sites 5 rw
U17 (upstream of the Baxter I.
discharge) and LJ13 ;
(downstream of the discharge).
I
d w. _Is s .,
1< s - e 1 . 2 lf�� i� i�
pry IN 7i l i qT' I ,�1
_ o' 6 Si EC I ; ill Dj
a` d
Forested average median 20.5 umhos/cm
Regional average median 69.2 umhos/cm
Varies geographically but is naturally very low in WNC
3

Lake James Monitoring
As indicated by our stream monitoring data, there is high loading of phosphorus from the North
Fork of the Catawba River into the far west end of Lake James. UEA collects water quality
samples from Lake James from May through October at five sites. For the period from May
2020 through October 2021, the average Total Phosphorus (TP) concentration (expressed as
Orthophosphate) at U6 (west end of the lake) was 0.21 mg/I (n=12) with a high of 0.34 mg/I.
The median TP concentration at U6 was over 3 times the median concentration of the other
four sites. The Phosphorus input from the North Fork has obvious impacts on the abundance of
phytoplankton (algae) in the basin at that end of the lake, and as a result, on the water clarity.
To illustrate this, refer to the UEA's lake monitoring stations map (figure 1).
LJ11 Lower Linville
•
LJ7 Big Island
•
LJ8 Marion Lake Club
•
•
LJ9 Paddy Creek Dam
•
LJ6 Plantation Point
Figure 1. Sampling locations on Lake James
4

Dr. Mark Brenner from Warren Wilson College has been monitoring phytoplankton using the
non-acidification fluorometric method (EPA Method 445.0) for chlorophyll a over the past 4
years from May to October. As shown in figure 2, the site nearest the inflow of the North Fork
of the Catawba River (U6 Plantation Point) has by far the highest summertime chlorophyll a
levels, and this has been consistent over the years.
2 11
10
O.
1
5
✓j
MoriiaMM(Value)Ada Major OM ann
'11 6/40/21 2;10/21 8/9/21 8/29/21 Site/ -
•-L6(q/l] -•-U'(14Th • u8ty(/tl •• U9(u8/tl �L 41/44
Figure 2. Chlorophyll a concentrations at five lake sampling sites from May to Oct. 2021
The water clarity of the lake reflects this phytoplankton abundance and site U6 consistently has
the lowest visibility as measured by secchi disk depth (figure 3). Again, this is consistent over
the years, not just in 2021 (data available upon request)
3.0
/ I
2.5
2.0
A 1.5
1.0
0.5
0.0
5/1/21 5/21/21 6/10/21 6/33/21 7/20/21 8/9/21 8/29/21 9/18/21 10/8/2 .0,/28/1
-t.1161,u.M11 +112 r•oal 11841111 !19/pta, -•.— ,uq/J
Figure 3. Secchi disk depths at five lake sampling sites from May to Oct. 2021
5

Macroinvertebrate Sampling and Analysis
Long-term collection and analysis of benthic organisms provides valuable data measuring
ecological and water quality changes of features over time. Many aquatic macroinvertebrate
species are sensitive to changes and stressors in the environment which reflect short-term
alterations to the ecosystem and water quality. Community structure is slower to respond, and
the collection and analysis of communities can reflect any long-term changes in the
environment. (Plafkin,J. L., M. T. Barbour, K. D. Porter,S. K. Gross and R. M. Hughes. 1989. Rapid Bioassessment
Protocols for Use in Streams and Rivers. EPA/444/4-89-001)
The macro benthos of the North Fork of the Catawba River were most recently sampled at sites
off American Thread Rd and North Cove School Rd in November 2021, respectively below and
above the Baxter discharge. Additional sampling was performed on Armstrong Creek, just
above its confluence with the North Fork. The sampling procedures are a modified "Qual 4"
from the NCDWR SOP for the Collection and Analysis of Benthic Macroinvertebrates (NC
Department of Environmental Quality. 2016.Standard Operating Procedures for the Collection and Analysis of
Benthic Macroinvertebrates. Division of Water Resources. Raleigh, North Carolina. February 2016.). The
sampling, taxonomy, and analysis was conducted by biologist and certified macroinvertebrate
taxonomist, Levi Reece with Reece Environmental Consulting. A full taxa list was generated
(available upon request) with the summarized data below.
Stream Name Armstrong Creek NF Catawba NF Catawba
Station Number US 221 American Thread Rd N Cove School Rd
Total Taxa Richness 29 7 22
EPT Taxa Richness 18 3 15
Total Abundance 77 16 85
EPT Abundance 62 11 72
Percent EPT 80.5% 68.8% 84.7%
Taxa< 2.5 Tolerance Value 14 1 10
NCB! 3.72 4.58 3.49
The data clearly shows a biological shift from upstream of the Baxter property to downstream
of the Baxter discharge. The benthic species diversity is 68% (7 versus 22) lower below the
Baxter discharge than upstream of the facility. Sensitive species diversity drops 90% (1 versus
10) below the discharge. Not only is ecological diversity highly impacted, but the benthic
population is also affected and reduced by 81% (16 versus 85) in the downstream site. These
data reflect that an input source between these two sample sites to the North Fork is negatively
affecting water quality and stream ecology.
Note that the North Fork is impaired for benthos in a reach approximately 1.5 miles
downstream of the Baxter discharge down to its confluence with Armstrong Creek
(NC 2020 Category5 303dlist.pdf). The fact that the Armstrong Creek benthic community is
significantly healthier than the North Fork community below the Baxter discharge suggests that
it is likely that the North Fork would be further impaired except for recruitment from Armstrong
Creek.
6

Impaired Waters
Although the draft Permit Fact Sheet correctly identifies that the discharge does not occur within a
reach of the North Fork that is recognized as impaired, an impaired reach begins approximately one and
a half mile downstream of the discharge. As noted in the previous section,the impairment is related to
conditions in the North Fork above its confluence with Armstrong Creek and would likely extend further
downstream except for macroinvertebrate recruitment from Armstrong Creek.There is no indication in
the draft Permit Fact Sheet that impacts of the permitting discharge on the impaired reach have been
considered.
Nutrient Enrichment in Lake James
As previously presented,there is evidence of significant nutrient enrichment in the west end of Lake
James, raising the concern of potential algal blooms and harmful algal blooms. Using the long-term data
from UEA's VWIN ambient stream monitoring and the data presented in the draft Permit Fact Sheet,we
have prepared a nutrient input accounting for Total Phosphorus(TP) and Total Nitrogen (TN) based on
average daily flows and average concentrations.A spreadsheet summary of that accounting is attached.
In summary,our findings are:
•That,on an average daily basis, Baxter effluent is roughly 5%of the Total Phosphorus(TP)
delivered via the water column to the west end of the lake and roughly 3.6%for the entire
lake, and
•That Baxter effluent is roughly 6.7%of the Total Nitrogen (TN)delivered to the west end of the
lake and 4.8%for the entire lake.
Additionally, if the Baxter discharge averaged 1.2mgd and its concentrations were at the maximum
recorded in the prior permitting period (TP=5.5mg/I;TN=23.4mg/I),then:
•The TP contributed to Lake James by the Baxter discharge would raise to roughly 18%and 14%,
respectively, and
•The TN contributed to Lake James by the Baxter discharge would raise to roughly 23%and 17%,
respectively.
Any future loadings of this magnitude onto the west end of Lake James are very likely to cause algal
blooms, harmful algal blooms, degrade water quality, and lead to the Lake being recognized as an
impaired water.
Cawtaba River Basin Plan
The Catawba River Basin Plan is out-of-date and the upper basin has not received the type of intensive
study that would normally precede the completion of an update plan. The State must be very cautious
when renewing discharge permits in the absence of the up-to-date condition assessments required for
the Catawba River Basin Plan.
Other Considerations
Climate change over the next decades will likely increase the probability of algal blooms and
harmful algal blooms (HABs) in lakes and estuaries around the nation. (See: US Environmental
Protection Agency, Office of Water, Impacts of Climate Change on the Occurrence of Harmful Algal Blooms, EPA
820-S-13-01 and Algal Blooms(nih.gov))The combination of warming waters and elevated nutrient
7

levels in the west end of Lake James is a concern. The warming of Lake James' waters will
reflect our continually warming climate. Our only plausible means to avoid future HABs is to
control the nutrient loads delivered by the Lake's tributaries.
Lake James is an important ecological and recreational resource, and its waters provide potable
water supplies for many downstream communities. It is essential that we do not wait until
additional reaches of the North Fork of the Catawba River, or any portion of Lake James, are
listed as an impaired waters before we take the action required to protect it.
Community Science Committee (CSC) Recommendations
CSC recommendations to UEA's officers and directors are:
1 There should be increased effluent constituent monitoring requirements added to the
q
draft permit, including once per week sampling and reporting of: Total Nitrogen, Total
Phosphorus, Orthophosphate, and Total Hardness.
2) While the above monitoring should begin immediately, the permit should not be
renewed until the impacts of the discharge upon the impaired reach of the North Fork
of the Catawba and upon nutrient enrichment in the west end of Lake James are given
appropriate consideration.
3) UEA should request intensive monitoring of the lower North Fork and the west end of
Lake James to determine the impacts of the Baxter discharge on the ecology of those
waters. The study objectives should include determining if specific constituent discharge
limits should be established for the Baxter NPDES permit in order to protect the
designated uses of the North Fork and Lake James, and the drinking water supply
provided by the Lake. The study should include examining the prevalence and species of
algae and cyanobacteria in Lake James.
4) That the renewed permit stipulate that constituent discharge limits may be imposed
prior to the next renewal.
8

Estimated NH3+NO3 Loadings(as N)to Lake James
Observed or Mean Daily
Drainage Mean Daily Estimated Mean Daily Estimated
Area(sq. Flow/sq. Mean Daily Mean Daily NH3+NO3 NH3+NO3 NH3+NO3(as
N Watershed mi.) mile(cfs) Flow(cfs) Flow(mgd) (mg/I) (pounds) Convert N))(pounds)
QJ
coNorth Fork above Baxter 31.5 2 63 40.72 0.24 81.56 1 81.56
d Armstrong Creek 6.3 1.88 11.82 7.64 0.24 15.30 1 15.30
Y
tC
J North Fork @ Lake James 84.7 1.89 160.08 103.47 0.25 215.87 1 215.87 Estimated without Baxter discharge
I
in Catawba River @ Lake Jam 181 1.84 333.28 215.41 0.32 575.25 1 575.25
E ate+ UT-Virginia Drive,Marion 1.47 2 2.94 1.90 0.35 5.55 1 5.55
7 co
1:5 E Forsyth Creek,Marion 1.8 2 3.6 2.33 0.35 6.80 1 6.80
cn
H Total for west end of Lake James without Baxter effluent 803.46 Estimated without Baxter discharge
TS u I Mean Daily TN
Q
c (pounds) Convert
113 Baxter Effluent(avg day/avg conc)from Draft Fact Sheet 0.94 7.4 58.05 1 58.05
as
O Baxter Effluent(max day/max conc)from Draft Fact Sheet 1.20 23.4 234.34 1 234.34
++ Baxter%
C
GJ Estimated NH3+NO3(N)tributary to west end of Lake James-avg day&avg conc 861.51 6.7%
. Estimated NH3+NO3(as N)tributary to west end of Lake James-max day&max conc 1037.80 22.6%
3
Z
Linville River @ Lake Jame. 67.1 2.19 146.79 94.87 0.28 221.69 1 221.69
Paddy Creek 7.51 1.82 13.64 8.82 0.14 10.30 1 10.30
White Creek 1.91 1.97 3.77 2.44 0.14 2.85 1 2.85
Balance of Lake James wat 34.51 1.82 62.68 40.51 0.35 118.33 1 118.33
Watershed NH3+NO3(as N)without Baxter 1156.63 Baxter%
Estimated NH3+NO3(as N)tributary Lake James-avg day&avg conc 1214.68 4.8%
Estimated NH3+NO3(as N)tributary Lake James-max day&max conc 1390.97 16.8%

Estimated TP Loadings(as PO4)to Lake James
Mean Daily Observed or Mean Daily Mean Daily Mean Daily
Drainage Flow/sq.mile Mean Daily Mean Daily Estimated PO4 PO4 Estimated TP(as Estimated TP(as
Watershed Area(sq.mi.) (cfs) Flow(cfs) Flow(mgd) (mg/I) (pounds) TP/PO4 PO4))(pounds) P)(pounds)
North Fork above Baxter 31.5 2 63 40.72 0.04 13.59 4.36 59.26 19.32
Armstrong Creek 6.3 1.88 11.82 7.64 0.06 3.83 4.36 16.68 5.44 Where North Fork impaired water reach begin!
North Fork @ Lake James 84.7 1.89 160.08 103.47 0.05 43.17 4.36 188.24 61.37 Estimated PO4 without Baxter discharge
Catawba River @ Lake James 181 1.84 333.28 215.41 0.07 125.84 4.36 548.64 178.89
UT-Virginia Drive,Marion 1.47 2 2.94 1.90 0.1 1.59 4.36 6.91 2.25
Forsyth Creek,Marion 1.8 2 3.6 2.33 0.1 1.94 4.36 8.47 2.76
Total for west end of Lake James without Baxter effluent 752.26 245.27 Estimated PO4 without Baxter discharge
Mean Daily Convert to o
P(pounds) PO4 `•-i
Baxter Effluent(avg day/avg conc)from Draft Fact Sheet 0.94 1.63 12.79 3.067 39.22 12.79
Baxter Effluent(max day/max conc)from Draft Fact Sheet 1.20 5.5 55.08 3.067_ 168.93 55.08
Baxter%
Estimated P(as PO4)tributary to west end of Lake James-avg day&avg conc 791.47 258.06 5.0%
Estimated P(as PO4)tributary to west end of Lake James-max day&max conc 921.19 484.25 18.3%
Linville River @ Lake James 67.1 2.19 146.79 94.87 0.03 23.75 _ 4.36 103.56 33.77
Paddy Creek 7.51 1.82 13.64 8.82 0.09 6.62 4.36 28.87 9.41
White Creek 1.91 1.97 3.77 2.44 0.06 1.22 _ 4.36 5.32 1.73
Balance of Lake James watershed 34.51 1.82 62.68 40.51 0.10 33.81 4.36 147.41 48.06
Watershed PO4 without Baxter 1037.41 338.25 Baxter%
Estimated P(as PO4)tributary Lake James-avg day&avg conc 1076.63 351.04 3.6%
Estimated P(as PO4)tributary Lake James-max day&max conc 1206.34 393.33 14.0%