HomeMy WebLinkAboutNC0032131_Permit Issuance_20160801Water Resources
ENVIRONMENTAL DUALITY
August 1, 2016
Mr. Chris Robbins
Tweetsie Railroad, Inc.
300 Tweetsie Railroad Lane
Blowing Rock, NC 28605
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Sea eau
S. JAY ZIMMERMAN
Director
Subject: Issuance of NPDES Permit NC0032131
Tweetsie Railroad WWTP
Class WW-2
Watauga County
Dear Mr. Robbins:
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for 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.
We have made the following updates to your previous permit with no subsequent changes from the
draft permit mailed to you:
➢ Section A. (3) has been added to require electronic submission of effluent data. Federal
regulations require electronic submittal of all discharge monitoring reports (DMRs), effective
December 21, 2016.
➢ Regulatory citations have been added to the permit.
➢ An updated outfall map has been included.
No later than December 21, 2016, federal regulations require electronic submittal of all discharge
monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such
submittals, then permittees must submit DMRs electronically to the Environmental Protection
Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
The requirement to begin reporting discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final
NPDES permit. [See A. (3)] For information on eDMR, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
htto://deq.nc.gov/about/divisions/water-resources/edmr.
For more information on EPA's final NPDES Electronic Reporting Rule, please visit the following
web site:
http://www2.epa. gov/compliance/final-national-pollutant-discharge-elimination-system-npdes-
electronic-reporting-rule.
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
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300
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.
Please note that 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 the Division of Water Resources or
any other Federal, State, or Local governmental permits that may be required.
If you have questions, or if we can be of further service, please contact Jennifer Busam at
[jennifer.busam@ncdenr.gov] or call (919) 807-6393.
S. Jay Zimmerman, P.G., ISireecctor
Division of Water Resources, NCDEQ
Enclosure: NPDES Permit NC0032131 (Issuance Final)
hc: Central Files
NPDES Program Files
WSRO Files
ec: Mr. Chris Robbins [chrisr@tweetsie.com]
Permit NC0032131
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 provision 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,
Tweetsie Railroad, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Tweetsie Railroad WWTP
300 Tweetsie Railroad Lane
Blowing Rock
Watauga County
to receiving waters designated as the Middle Fork of the South Fork New River in subbasin
05-07-01 of 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 September 1, 2016.
This permit and authorization to discharge shall expire at midnight on March 31, 2021.
Signed this day August 1, 2016.
C.
ay Zimmerman, P.G., Di ctor
'vision of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 7
Permit NC0032131
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are
hereby revoked, and as of this 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.
Tweetsie Railroad, Inc.
is hereby authorized to:
1. Continue to operate an existing 0.07 MGD wastewater treatment system with the
following components:
• Bar screen
• Diversion box
• Dual train aeration basins
• Dual equalization tanks
• Dual two -chamber clarifiers
• Chlorine contact chamber
• Tertiary filter unit with mudwell chamber
• Dechlorination
• Flow meter
• Re -aeration
• Emergency generator
The facility is located northeast of Blowing Rock at Tweetsie Railroad (300
Tweetsie Railroad Lane) in Watauga County.
2. After receiving an Authorization to Construct (ATC) permit from the Division,
construct and operate additional facilities needed to meet the 0.175 MGD flow,
final effluent limitations and conditions in the permit; and after submitting an
engineering authorization (EA) documenting compliance with the ATC.
3. Discharge from said treatment works via Outfall 001, at the location specified on
the attached map into the Middle Fork of the South Fork New River [10-1-2-(6))]
currently classified WS-IV; Trout + waters in subbasin 05-07-01 [HUC:
0505000102] of the New River Basin.
Page 2 of 7
Permit NC0032131
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.07 MGD)
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
Beginning with the effective date of this permit and lasting until expansion above 0.07
MGD or expiration, whichever is sooner, the Permittee is authorized to discharge treated
wastewater from Outfall 001. Such discharges shall be limited and monitored' by the
Permittee as specified below:
EFFLUENT CHARACTERISTICS
Parameter Code
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow 50050
0.07 MGD
Continuous
Recording
Influent or
Effluent
BOD, 5-day, (20°C) - Summer* C0310
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
BOD, 5-day, (20°C) - Winter* C0310
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids C0530
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
NH3 as N - Summer* C0610
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
NH3 as N - Winter* C0610
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Dissolved Oxygen 00300
Daily average > 5,0 mg/L
Weekly
Grab
Effluent
Fecal Coliform 31616
(geometric mean)
200/100 ml
400/100 ml
Weekly
Grab
Effluent
Total Residual Chlorine 3 . 50060
17 pg/L
2lWeek
Grab
Effluent
Temperature (°C) 00010
Weekly
Grab
Effluent
Total Nitrogen C0600
(NO2+NO3+TKN)
Semi -Annually
Composite
Effluent
Total Phosphorus C0655
Semi -Annually
Composite
Effluent
pH 00400
>6.0and <9.0
- -
standard units
Weekly
Grab
Effluent
*Summer: April 1- October 31
*Winter: November 1 - March 31
Footnotes:
1. No later than December 21, 2016, the permittee shall begin submitting discharge monitoring
reports electronically using the NC DWR's eDMR application system [see A. (3)].
2. The Division shall consider all effluent TRC values reported below 50 µg/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 µg/1.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN
TRACE AMOUNTS.
Page 3 of 7
Permit NC0032131
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.175 MGD)
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
During the period beginning after expansion above 0.07 MGD and lasting until
expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001.
Such discharges shall be limited and monitored' by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
Parameter Code
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow 50050
0.175 MGD
Continuous
Recording
Influent or
Effluent
BOD, 5-day, (20°C) - Summer* C0310
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
BOD, 5-day, (20°C) - Winter* C0310
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids C0530
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
NH3 as N - Summer* C0610
2.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
NH3 as N - Winter* C0610
4.0 mg/L
20.0 mg/L
Weekly
Composite
Effluent
Dissolved Oxygen 00300
Daily average > 5.0 mg/L
Weekly
Grab
Effluent
Fecal Coliform
(geometric mean) 31616
200/100 ml
400/100 ml
Weekly
Grab
Effluent
Total Residual Chlorine 3 50060
17 pg/L
2/Week
Grab
Effluent
Temperature (°C) 00010
Weekly
Grab
Effluent
Total Nitrogen C0600
(NO2+NO3+TKN)
Semi -Annually
Composite
Effluent
Total Phosphorus C0655
Semi -Annually
Composite
Effluent
pH 00400
>6.0and <9.0
-
standard units
Weekly
Grab
Effluent
*Summer: April 1 - October 31
*Winter: November 1 - March 31
Footnotes:
1. No later than December 21, 2016, the permittee shall begin submitting discharge monitoring
reports electronically using the NC DWR's eDMR application system [see A. (3)].
2. The Division shall consider all effluent TRC values reported below 50 µg/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 µg/1.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN
TRACE AMOUNTS.
Page 4 of 7
Permit NC0032131
A. (3) ELECTRONIC REPORTING OF MONITORING REPORTS
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports and specify that, if a state does not establish a system to
receive such submittals, then permittees must submit monitoring data and reports
electronically to the Environmental Protection Agency (EPA). 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)l
Effective December 21, 2016, 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 DEQ / 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.
Page 5 of 7
Permit NC0032131
Starting on December 21, 2020, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
• 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:
http: / / www2. epa. gov / compliance / final-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
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes
Section B. (11.) (d)1
Page 6 of 7
Permit NC0032131
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.nc.gov/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 for
gathering the information, the information submitted is, to the best of my knowledge and
belief true, accurate, and complete. I 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. (6.11
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 7 of 7
Tweetsie Railroad Inc.
Tweetsie Railroad WWTP
NPDES Permit NC0032131
Stream Segment: 10-1-2-(6) Stream Class: WS-IV; TR:+
River Basin: New Sub -Basin #: 05-07-01
County: Watauga HUC: 0505000102
Receiving Stream: Middle Fork of the South Fork New River
SCALE
1:24,000
71111.121511174110
Facility Location ~-wit ���
scale not shown
14W
36.164722°,-81.646389°
USGS Quad: Boone
FACT SHEET FOR EXPEDITED PERMIT RENEWALS
This form must be completed by Permit Writers for all expedited permits which do not require
full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile
home parks, etc) that can be administratively renewed with minor changes, but can include
facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing,
instream monitoring, compliance concerns).
Basic Information for Expedited Permit Renewals
Permit Writer/Date
Jennifer D. Busam — 4/26/2016
Permit Number
NC0032131
Facility Name
Tweetsie Railroad WWTP
Basin Name/Sub-basin number
New / 05-07-01
Receiving Stream
Middle Fork of the South Fork New River
Stream Classification in Permit
WS-IV; TR:+ Stream Index: 10-1-2-(6)
Does permit need Daily Max NH3 limits?
No — already present
Does permit need TRC limits/language?
No — already present
Does permit have toxicity testing?
No
Does permit have Special Conditions?
No
Does permit have instream monitoring?
No
Is the stream impaired (on 303(d) list)?
No
Any obvious compliance concerns?
No. No enforcements for the current permit
cycle. Frequency violations are the main
source of NOVs for the current permit cycle.
Few TSS, Nitrogen, Ammonia, and BOD
exceedances during the current permit cycle.
Any permit mods since last permit?
No
New expiration date
3/31/2021
Changes to 2011 Permit?
Added eDMR requirements
Added regulatory citations
Changes to Draft Permit?
Most Commonly Used Expedited Language:
• 303(d) language for Draft/Final Cover Letters: "Please note that the receiving stream
is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List.
Addressing impaired waters is a high priority with the Division, and instream data will
continue to be evaluated. If there is noncompliance with permitted effluent limits and
stream impairment can be attributed to your facility, then mitigative measures may be
required".
• TRC language for Compliance Level for Cover LettersfEffluent Sheet Footnote:
"The facility shall report all effluent TRC values reported by a NC certified laboratory
including field certified. However, effluent values below 50 µg/L will be treated as zero
for compliance purposes."
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
Water Resources
ENVIRONMENI'At QUALITY
MEMORANDUM
To:
June 14, 2016
Eric Hudson
NC DEQ / DWR / Public Water Supply
Winston-Salem Regional Office
From: Jennifer D. Busam
NPDES Unit
Subject: Review of Draft NPDES Permit NC0032131
Tweetsie Railroad WWTP
Watauga County
Please indicate below your agency's position or viewpoint on the draft permit and return this
form by July 15, 2016. If you have any questions on the draft permit, please contact me at
919-807-6393 or via e-mail [jennifer.busam@ncdenr.gov].
RESPONSE: (Check one)
§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§
Concur with the issuance of this permit provided the facility is operated and maintained
properly, the stated effluent limits are met prior to discharge, and the discharge does not
contravene the designated water quality standards.
Concurs with issuance of the above permit, provided the following conditions are met:
Opposes the issuance of the above permit, based on reasons stated below, or attached:
Signed 1z•-c
Date: 6/2 ,,2O/6
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-perm its
Hickory Daily Record
• Advertising Affidavit
PO Box 968
Hickory, NC 28603
NCDEQ/DWR
ATTN WREN THEDFORD
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
Account Number
3611028
Date
June 16, 2016
Date Category
Description
Ad Number Ad Size
06/22/2016
Legal Notices
Public Notice
North Carolina Environmental
Management Commission
/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Notice of Intent to Issue a NPDES
Wastewater Permit
The North Carolina Environmental
Management Commission proposes
to issue a NPDES wastewater dis-
charge permit to the person(s) listed
below. Written comments regarding
the proposed permit will be accept-
ed until 30 days after the publish
date of this notice. The Director of
the NC Division of Water Resources
(DWR) may hold a public hearing
should there be a significant degree
of public interest. Please mail com-
ments and/or information requests
to DWR at the above address. Inter-
ested persons may visit the DWR at
512 N. Salisbury Street, Raleigh, NC
to review information on file. Addi-
tional information on NPDES permits
and this notice may be found on our
wehsite: http://deq.nc.gov/about/di
visions/water-resources/water-
resources-permits/wastewater-
branc' /npdes-wastewater/pub!ic-
notices,or by calling (919) 807-6304.
The City of Hickory requested re-
newal of permit NC0025542 for
Hickory- Catawba WWTP in Cata-
wba County. This permitted dis-
charge is treated municipal waste-
water to Lyle Creek, Catawba River
Basin.
City of Hickory requested renewal of
permit NC0020401 for Northeast
WWTP in Catawba County; this per-
mitted discharge is treated munici-
pal and industrial wastewater to
Catawba River (Lake Hickory) in the
Catawba River Basin.
Tweetsie Railroad, Inc. has request-
ed renewal of permit NC0032131 for
Tweetsie Railroad in Watauga Coun-
ty: this permitted facility discharges
treated wastewater to the Middle
Fork of the South Fork New
River/New River Basin. Six parame-
ters are water quality limited
PUBLISH: June 16, 2016
Public Notice North Carolina Environmental Management Com 0000231508
Publisher of
Hickory Daily Record
Catawba County
1 x 57 L
Before the undersigned, a Notary Public of Catawba County, North Carolina, duly
commissioned. qualified, and authorized by law to administer oaths, in said
County and State; that he/she is authorized to make this affidavit and sworn
statement; that the notice or other legal advertisement, a copy of which is attached
hereto, was published in the Hickory Daily Record on the following dates:
06/16/2016
and that the said newspaper in which such notice, or legal advertisement was
published, was a newspaper meeting all the requirements and qualifications of
Section 1-597 of the General Statutes of North Carolina.
(9
Newspaper reference: 0000231508
Sworn to and subscribed before me, this ) (D day of
D
;Votary Public
My Commission expires:
Assistant Bookkeeper
2016
;yam UBL\G V
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU %,111,
Busam, Jennifer d Thank you for updating me on our data request status. We look forward to receiving any records for the 1995-1996
period regarding the subject NPDES permit.
From: Busam, Jennifer d
Sent Tuesday, May 31, 2016 3:22 PM
To: 'Chris Robbins'
Subject RE:Info Request NC0032131 Tweetsie Railroad WWTP
Importance: High
Mr. Robbins,
After review of the available records, tighter limits for BOD, Ammonia Nitrogen, and TSS were imposed on Tweetsie
Railroad NPDES permit NC0032131 in 1997. Tweetsie Railroad received an authorization to construct on September 8,
1997, which changed the permitted flow limit from 0.035 to 0.070 MGD. Tweetsie Railroad discharges to the Middle
Fork of the South Fork New River, which is upstream of a designated ORW (Outstanding Resource Waters) area.
Regulation 15A NCAC 028.0225 (e)(4)(C) states that new or expanded NPDES permitted wastewater discharges located
upstream of the designated ORW will comply with limits of 5 mg/L BOD, 2 mg/L NH3-N , and 10 mg/L total suspended
solids for Trout designated waters. This "new" flow construction to 0.070 is described in 15A NCAC 02H .0103 (16)(c)
and must comply with the aforementioned ORW rule.
Your draft NPDES permit will be sent in the coming weeks, which will begin the 30 day public comment period.
Please let me know if you have any additional questions.
Sincerely,
From: Chris Robbins [mailto:chrisr@tweetsie.com]
Sent: Thursday, May 26, 2016 4:45 PM
To: Busam, Jennifer d <Jennifer.Busam@ncdenr.gov>
Subject: RE: Info Request NC0032131 Tweetsie Railroad WWTP
Ms. Busam:
I've attached permitting letters and documents from 1993, 1995 and 1997. 1 have not found any similar documents for
1996 other than routine monthly reporting. The 1997 document is an authorization to construct an expansion of the
plant. Do any of these documents provide any clarification on the question? Or help narrow down the time when the
limits might have been changed? I did not find any correspondence specifically pertaining to changes in discharge limits
during that time frame.
Chris Robbins. President
Tweetsie Railroad Inc
300 Tweetsie Railroad Lane
Blowing Rock NC 28605
828-264-9061 or 0.526-5740 ext. 110
chrIv4etweetsie.com
From: Busam, Jennifer d[mailto:Jennifer.Busam@ncdenr.gov]
Sent: Thursday, May 26, 2016 4:17 PM
To: Chris Robbins <chrisr@tweetsie.com>
Subject: RE: Info Request NC0032131 Tweetsie Railroad WWTP
Mr. Robbins,
Sincerely,
From: Chris Robbins jmailto:chrisr@tweetsie.com]
Sent: Thursday, May 26, 2016 2:36 PM
To: Busam, Jennifer d <Jennifer.Busam@ncdenr.gov>
Subject: RE: Info Request NC0032131 Tweetsie Railroad WWTP
Jennifer Busam:
Sorry for my delay in providing updates. I finally found the box of files pertaining to this issue in our off -site records
storehouse. I'll dig out the relevant correspondence from that period, scan them, and get them to you as soon as I can.
Chris Robbins
Chris Robbins, President
Tweetsie Railroad Inc.
300Tweetsie Railroad lane
Blowing Rock NC 28605
828-264.9061 or 800.526-5740 ext. 110
chrisr tweetsie.mm
From: Busam, Jennifer d [mailtoJennifer.Busam@ncdenr.gov]
Sent: Thursday, May 05, 2016 12:47 PM
To: chrisr@tweetsie.com
Cc: Mickey, Mike <mike.mickev@ncdenr.gov>
Subject: Info Request NC0032131 Tweetsie Railroad WWTP
Importance: High
Your application for renewal for Tweetsie Railroad WWTP is currently under review. We are looking into your request to
re-evaluate the BOD, TSS, and NH3 limits. These limits were reduced circa 1995-1996. Our accessible records are limited
for this timeframe.
We'd like to request any historical files for this time frame that may assist us with your limit evaluation for the up-
coming permit cycle. You may email me copies of any documentation that could assist us with the requested limit re-
evaluation.
Thank you for your assistance.
Sincerely,
Jennifer Busam
Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
North Carolina Department of Environmental Quality
919 807 6393 office
Jennifer. Busam(cancdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
2
15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS
(a) General. In addition to the existing classifications, the Commission may classify unique and special surface waters of
the state as outstanding resource waters (ORW) upon finding that such waters are of exceptional state or national
recreational or ecological significance and that the waters have exceptional water quality while meeting the following
conditions:
(1) that the water quality is rated as excellent based on physical, chemical or biological information;
(2) the characteristics which make these waters unique and special may not be protected by the assigned
narrative and numerical water quality standards.
(b) Outstanding Resource Values. In order to be classified as ORW, a water body must exhibit one or more of the
following values or uses to demonstrate it is of exceptional state or national recreational or ecological significance:
(1) there are outstanding fish (or commercially important aquatic species) habitat and fisheries;
(2) there is an unusually high level of water -based recreation or the potential for such recreation;
(3) the waters have already received some special designation such as a North Carolina or National Wild
and Scenic River, Native or Special Native Trout Waters or National Wildlife Refuge, which do not
provide any water quality protection;
(4) the waters represent an important component of a state or national park or forest; or
(5) the waters are of special ecological or scientific significance such as habitat for rare or endangered
species or as areas for research and education.
(c) Quality Standards for ORW.
(1) Freshwater: Water quality conditions shall be maintained to protect the outstanding resource values of
waters classified ORW. Management strategies to protect resource values shall be developed on a site
specific basis during the proceedings to classify waters as ORW. No new discharges or expansions of
existing discharges shall be permitted, and stormwater controls for all new development activities
requiring an Erosion and Sedimentation Control Plan in accordance with rules established by the NC
Sedimentation Control Commission or an appropriate local erosion and sedimentation control program
shall be required to follow the stormwater provisions as specified in I5A NCAC 02H .1000. Specific
stormwater requirements for ORW areas are described in 15A NCAC 02H .1007.
(2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values of
waters classified ORW. Management strategies to protect resource values shall be developed on a
site -specific basis during the proceedings to classify waters as ORW. New development shall comply
with the stormwater provisions as specified in 15A NCAC 02H .1000. Specific stormwater
management requirements for saltwater ORWs are described in 15A NCAC 02H .1007. New
non -discharge permits shall meet reduced loading rates and increased buffer zones, to be determined
on a case -by -case basis. No dredge or fill activities shall be allowed if those activities would result in
a reduction of the beds of submerged aquatic vegetation or a reduction of shellfish producing habitat as
defined in 15A NCAC 03I.0101(b)(20)(A) and (B), except for maintenance dredging, such as that
required to maintain access to existing channels and facilities located within the designated areas or
maintenance dredging for activities such as agriculture. A public hearing is mandatory for any
proposed permits to discharge to waters classified as ORW.
Additional actions to protect resource values shall be considered on a site specific basis during the proceedings to classify
waters as ORW and shall be specified in Paragraph (e) of this Rule. These actions may include anything within the
powers of the Commission. The Commission shall also consider local actions which have been taken to protect a water
body in determining the appropriate state protection options. Descriptions ofboundaries of waters classified as ORW are
included in Paragraph (e) of this Rule and in the Schedule of Classifications (15A NCAC 02B .0302 through 02B .0317)
as specified for the appropriate river basin and shall also be described on maps maintained by the Division of Water
Quality.
(d) Petition Process. Any person may petition the Commission to classify a surface water of the state as an ORW. The
petition shall identify the exceptional resource value to be protected, address how the water body meets the general
criteria in Paragraph (a) of this Rule, and the suggested actions to protect the resource values. The Commission may
request additional supporting information from the petitioner. The Commission or its designee shall initiate public
proceedings to classify waters as ORW or shall inform the petitioner that the waters do not meet the criteria for ORW
with an explanation of the basis for this decision. The petition shall be sent to:
Director
DENR/Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The envelope containing the petition shall clearly bear the notation: RULE -MAKING PETITION FOR ORW
CLASSIFICATION.
(e) Listing of Waters Classified ORW with Specific Actions. Waters classified as ORW with specific actions to protect
exceptional resource values are listed as follows:
(1) Roosevelt Natural Area [White Oak River Basin, Index Nos. 20-36-9.5-(1) and 20-36-9.5-(2)]
including all fresh and saline waters within the property boundaries of the natural area shall have only
new development which complies with the low density option in the stormwater rules as specified in
15A NCAC 2H .1005(2)(a) within 575 feet of the Roosevelt Natural Area (if the development site
naturally drains to the Roosevelt Natural Area);
(2) Chattooga River ORW Area (Little Tennessee River Basin and Savannah River Drainage Area): the
following undesignated waterbodies that are tributary to ORW designated segments shall comply with
Paragraph (c) of this Rule in order to protect the designated waters as per Rule .0203 of this Section.
However, expansions of existing discharges to these segments shall be allowed if there is no increase
in pollutant loading:
(A) North and South Fowler Creeks;
(B) Green and Norton Mill Creeks;
(C) Cane Creek;
(D) Ammons Branch;
(E) Glade Creek; and
(F) Associated tributaries;
(3) Henry Fork ORW Area (Catawba River Basin): the following undesignated waterbodies that are
tributary to ORW designated segments shall comply with Paragraph (c) of this Rule in order to protect
the designated waters as per Rule .0203 of this Section:
(A) Ivy Creek;
(B) Rock Creek; and
(C) Associated tributaries;
(4) South Fork New and New Rivers ORW Area [New River Basin (Index Nos. 10-1-33.5 and 10)]: the
following management strategies, in addition to the discharge requirements specified in Subparagraph
(c)(1) of this Rule, shall be applied to protect the designated ORW areas:
(A) Stormwater controls described in Subparagraph (c)(1) of this Rule shall apply to land within
one mile of and that drains to the designated ORW areas;
(B) New or expanded NPDES permitted wastewater discharges located upstream of the
designated ORW (for the North Fork New River ORW are see Subparagraph (14) of this
Paragraph) shall be permitted such that the following water quality standards are maintained
in the ORW segment:
(i) the total volume of treated wastewater for all upstream discharges combined shall
not exceed 50 percent of the total instream flow in the designated ORW under 7Q 10
conditions, which are defined in Rule .0206(a)(1) of this Section;
(ii) a safety factor shall be applied to any chemical allocation such that the effluent
limitation for a specific chemical constituent shall be the more stringent of either the
limitation allocated under design conditions (pursuant to 15A NCAC 02B .0206)
for the normal standard at the point of discharge, or the limitation allocated under
design conditions for one-half the normal standard at the upstream border of the
ORW segment;
(iii) a safety factor shall be applied to any discharge of complex wastewater (those
containing or potentially containing toxicants) to protect for chronic toxicity in the
ORW segment by setting the whole effluent toxicity limitation at the higher (more
stringent) percentage effluent determined under design conditions (pursuant to l5A
NCAC 02B .0206) for either the instream effluent concentration at the point of
discharge or twice the effluent concentration calculated as if the discharge were at
the upstream border of the ORW segment;
(7)
(C) New or expanded NPDES permitted wastewater discharges located upstream of the
designated ORW (for the North Fork New River ORW area; see Subparagraph (14) of this
Paragraph) shall comply with the following:
(i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD = 5
mg/1, and NH3-N = 2 mg/1;
(ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be
limited to effluent concentrations of 10 mg/1 for trout waters and to 20 mg/1 for all
other waters;
(iii) Emergency Requirements: Failsafe treatment designs shall be employed, including
stand-by power capability for entire treatment works, dual train design for all
treatment components, or equivalent failsafe treatment designs;
(iv) Nutrients: Where nutrient overenrichment is projected to be a concern, effluent
limitations shall be set for phosphorus or nitrogen, or both;
Old Field Creek (New River Basin): the undesignated portion of Old Field Creek (from its source to
Call Creek) shall comply with Paragraph (c) of this Rule in order to protect the designated waters as
per Rule .0203 of this Section;
In the following designated waterbodies, no additional restrictions shall be placed on new or expanded
marinas. The only new or expanded NPDES permitted discharges that shall be allowed shall be
non -domestic, non -process industrial discharges. The Alligator River Area (Pasquotank River Basin)
extending from the source of the Alligator River to the U.S. Highway 64 bridge including New Lake
Fork, North West Fork Alligator River, Juniper Creek, Southwest Fork Alligator River, Scouts Bay,
Gum Neck Creek, Georgia Bay, Winn Bay, Stumpy Creek Bay, Stumpy Creek, Swann Creek (Swann
Creek Lake), Whipping Creek (Whipping Creek Lake), Grapevine Bay, Rattlesnake Bay, The Straits,
The Frying Pan, Coopers Creek, Babbitt Bay, Goose Creek, Milltail Creek, Boat Bay, Sandy Ridge
Gut (Sawyer Lake) and Second Creek, but excluding the Intracoastal Waterway (Pungo
River -Alligator River Canal) and all other tributary streams and canals;
In the following designated waterbodies, the only type of new or expanded marina that shall be
allowed shall be those marinas located in upland basin areas, or those with less than 10 slips, having no
boats over 21 feet in length and no boats with heads. The only new or expanded NPDES permitted
discharges that shall be allowed shall be non -domestic, non -process industrial discharges:
(A) The Northeast Swanquarter Bay Area including all waters northeast of a line from a point at
Lat. 35E 23N 510 and Long. 76E 21 N 020 thence southeast along the Swanquarter National
Wildlife Refuge hunting closure boundary (as defined by the 1935 Presidential Proclamation)
to Drum Point.
(B) The Neuse-Southeast Pamlico Sound Area (Southeast Pamlico Sound Section of the
Southeast Pamlico, Core and Back Sound Area); (Neuse River Basin) including all waters
within an area defined by a line extending from the southern shore of Ocracoke Inlet
northwest to the Tar -Pamlico River and Neuse River basin boundary, then southwest to Ship
Point.
(C) The Core Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak
River Basin), including all waters of Core Sound and its tributaries, but excluding Nelson
Bay, Little Port Branch and Atlantic Harbor at its mouth, and those tributaries of Jarrett Bay
that are closed to shellfishing.
(D) The Western Bogue Sound Section of the Western Bogue Sound and Bear Island Area
(White Oak River Basin) including all waters within an area defined by a line from Bogue
Inlet to the mainland at SR 1117 to a line across Bogue Sound from the southwest side of
Gales Creek to Rock Point, including Taylor Bay and the Intracoastal Waterway.
(E) The Stump Sound Area (Cape Fear River Basin) including all waters of Stump Sound and
Alligator Bay from marker Number 17 to the western end of Permuda Island, but excluding
Rogers Bay, the Kings Creek Restricted Area and Mill Creek.
(F) The Topsail Sound and Middle Sound Area (Cape Fear River Basin) including all estuarine
waters from New Topsail Inlet to Mason Inlet, including the Intracoastal Waterway and
Howe Creek, but excluding Pages Creek and Futch Creek;
NC Dept. of Environmental Quality
Division of Water Quality
NPDES Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDEQ Permit NC0032131
Dear DWQ Staff;
(*RAILROAD")
WILD WEST THEME PARK
November 13, 2015
RECEIVED/DENRIDWR
NOV 1 6 2015
Water Quality
Permitting Section
Enclosed is our NPDES Application Form D application for renewal of the
Tweetsie Railroad Wastewater Treatment Facility permit. This plant is located in Watauga
County and discharges into the Middle Fork New River.
Tweetsie Railroad requests a dialog with DWQ regarding amendment of the
permit's existing discharge limits. Our hope is to better understand the procedure for
establishing limits and stream loading allocations, with the goal of agreeing upon
sustainable and reasonable discharge limits.
Our current monthly discharge limits are 5 Mg/L BOD, 10 Mg/L TSS, and 2
Mg/L NH3. These numbers represent the best available package plant tertiary filter
technology, and we have been successful reaching these numbers. However, as with all
treatment facilities, we can encounter unforeseen problems. Generally, permits are flexible
by allowing for daily maximum limits. Our daily maximum numbers are 7.5 Mg/L BOD,
15 Mg/L TSS, and 10 Mg/L NH3. We believe these numbers are unduly restrictive in
their limits, and request that they be re-evaluated. The difference between a BOD of 5 or
7.5 is barely allowance for even a minor malfunction. Our TSS limit of 10 Mg/L is so low
that allowances have to be made for windblown trash, and even intrusion of pollen from
nearby trees.
Tweetsie Railroad takes great pride in the operation of our treatment plant, and
our concern for the New River. I believe your records will show a history of professional
operation and exemplary regulatory compliance.
We respectfully request that the Division of Water Quality will consider these
factors as our renewal permit is reviewed, and consent to reasonably modify the permitted
300 Tweetsie Railroad Lane • Blowing Rock, NC 28605 I phone: 828-264-9061 • fax: 828-264-2234 • tweetsie.com
discharge limits. We welcome the opportunity to meet with Division staff if you have any
questions.
Sincerely,
Chris Robbins
President
CC: Brian Banner