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Home My WebLink About2021-Chapter-7-Permitted-and-Registered-ActivitiesChowan – Permitted and Registered Activities 1 2/18/2021 Contents Chapter 7 Permitted and Registered Activities ......................................................................................... 2 7.1 Wastewater Management ............................................................................................................ 3 7.1.1 NPDES Wastewater Discharge Permit .................................................................................. 3 7.1.2 Pretreatment, Emergency Response and Collections System (PERCS) ................................. 4 7.1.3 Non-Discharge Permitting and Land Application of Wastewater Effluent ........................... 4 7.1.4 On-Site Wastewater Treatment Systems (Septic Systems) .................................................. 8 7.2 Wetland and Buffer Transportation Permitting Programs ......................................................... 10 7.3 Division of Coastal Management ................................................................................................ 10 7.4 Stormwater Programs ................................................................................................................. 11 7.5 Animal Operations ...................................................................................................................... 13 7.6 Water Use ................................................................................................................................... 15 7.6.1 Public Water Systems.......................................................................................................... 15 7.6.2 Source Water Assessment Program (SWAP) ...................................................................... 16 7.6.3 Wellhead Protection (WHP) Program ................................................................................. 16 7.6.4 Local Water Supply Plans (LWSP) ........................................................................................ 16 7.6.5 Water Withdrawal & Transfer Registration ........................................................................ 17 References .............................................................................................................................................. 20 Chowan – Permitted and Registered Activities 2 2/18/2021 Chapter 7 Permitted and Registered Activities There are several programs in place to protect North Carolina’s water resources. These include programs which oversee wastewater, stormwater, land application of wastewater effluent and biosolids, wetlands and buffers, animal operations, local water supply, public water systems, coastal management, source water protection, groundwater and drinking water protection programs (Figure 7-1). This section includes brief descriptions of the programs, management strategies, and resources available for protecting waters of the state. More information about each of the programs can be found on the NC Department of Environmental Quality (DEQ) website and in the Supplement Guide to Basinwide Planning (2008) as well as other state agency and county websites responsible for permitting or compliance issues. Figure 7-1 NPDES Wastewater, NPDES Non-Discharge, and Animal Operations permits in the Chowan River basin (2020). Chowan – Permitted and Registered Activities 3 2/18/2021 7.1 Wastewater Management 7.1.1 NPDES Wastewater Discharge Permit The National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. It is authorized under the Clean Water Act (CWA). Not compiling with permit limits on wastewater flow can lead to degraded water quality making surface waters unsafe for drinking, fishing, swimming and other activities. NPDES wastewater permits are issued by the NPDES Wastewater Permitting Branch within Division of Water Resources (DWR). These permits are reviewed and potentially renewed every 5 years. There are 7 NPDES discharge permits issued in the Chowan River basin (Table 7-1). Table 7-1 NPDES Permits – Chowan River Basin Permit Number Facility Name Owner Type County Permit Type Class Permit Flow GPD Receiving Stream NC0033782 Gatesville Elementary School Government - County Gates Discharging 100% Domestic < 1MGD Minor 5,000 Bennetts Creek (Merchants Millpond) NC0033804 T.S. Cooper Elementary School Government - County Gates Discharging 100% Domestic < 1MGD Minor 4,000 Raynor Swamp (Hunters Millpond) NC0043974 Buckland Elementary School Government - County Gates Discharging 100% Domestic < 1MGD Minor 6,000 Cole Creek (Lilleys Millpond) NC0088561 Ahoskie WWTP Government - Municipal Hertford Municipal Wastewater Discharge, Large Major 1,300,000 Ahoskie Creek NC0089541 Ashton Lewis Lumber Co. Non - Government Gates Industrial Process & Commercial WW Discharge Minor Null Bennetts Creek (Merchants Millpond) NC0032719* Valhalla WTP Non - Government Chowan Water Plant and Water Conditioning Discharge Minor Not limited Rockyhock Creek (Bennett Millpond)* NC0089516 Perdue Agribusiness LLC (Cofield) Industrial Process & Commercial Wastewater Discharge Hertford NCCW, BB, RO reject Minor Not limited Unnamed Tributary Deep Creek *New outfall under construction (as of January 2020 permit renewal) – discharge location will be in the Chowan River [AU# 25b], HUC-030102030701, and old DWR subbasin number 03-01-03. NCCW – Non-Contact Cooling Water; BB – Boiler Blowdown; RO – Reverse Osmosis; Chowan – Permitted and Registered Activities 4 2/18/2021 As part of their NPDES permit, some facilities are required to monitor whole effluent toxicity (WET). Acute and/or chronic toxicity tests are used to determine toxicity of the discharge to sensitive aquatic species (usually the fathead minnow, Pimephales promelas, or the water flea, Ceriodaphnia dubia). Results of the test can be used to help predict the impacts of the discharge to a receiving stream. DWR’s Aquatic Toxicology Branch (ATB) in the Water Sciences Section maintains a compliance summary for all facilities required to perform WET tests and provides monthly updates of the information to regional offices as well as the central office. The Ahoskie WWTP is the only permitted facility which requires WET testing and they have demonstrated compliance since 2011. The other six facilities in the basin are not required to conduct WET testing. 7.1.2 Pretreatment, Emergency Response and Collections System (PERCS) The Federal and State Pretreatment Program gives regulatory authority for EPA, states, and municipal governments to control the discharge of industrial wastewater into municipal wastewater treatment plants (WWTP) or publicly owned treatment works (POTW). The objectives of the pretreatment program are to (1) prevent pass-through, interference, or other adverse impacts to a POTW, employees, or the environment; (2) promote the beneficial reuse of biosolids; and (3) assure all categorical pretreatment standards are met. Pretreatment programs have been absorbed into the NPDES Wastewater Permitting Branch managed by the DWR. 7.1.3 Non-Discharge Permitting and Land Application of Wastewater Effluent The Non-Discharge Branch (NDB) is responsible for the permitting of facilities that land apply residuals, reclaimed water, and wastewater effluent. Residuals, often refer to as biosolids, treated sludge, or sewage sludge, which are generated during wastewater treatment, water treatment, and air pollution control. The program has operational and monitoring requirements similar to those of the NPDES wastewater program; however, the primary difference is that the treated effluent is not discharged to surface waters. Non-discharge wastewater disposal options include irrigation (spray or drip), high-rate infiltration, low- rate infiltration, and evaporative systems. Non-discharge residual disposal includes dedicated and non- dedicated residual disposal sites, and agricultural land for crops not consumed by humans. Residuals are also available to the public as fertilizer for home use. During the application process, steps must be taken to assure that residuals are applied at or below agronomic rates based on the soil and crop type. If the application is over agronomic rates, the residuals must be taken to a dedicated residual disposal site or landfill. In addition to land application of residuals and treated effluent, the NDB is also responsible for permitting facilities for the beneficial use of reclaimed water for the purpose of conserving the state’s potable, ground, and surface water resources. In the Chowan River Basin, there are 16 permitted wastewater irrigation facilities, and four facilities that are permitted to land apply residuals (Table 7-2). Most, if not all of the treatment components at these facilities are of advanced age and are primarily managed by small towns with limited funds. Table 7-2 NPDES Non-Discharge Permits – Chowan River Basin Permit Number Facility Name Owner County Permit Type Permitted Wastewater Treatment System Effluent (GPD)* 8 HUC WQ0000267 Gates Correctional Center #4130 County of Gates Gates Wastewater Irrigation 25,000 03010203 Chowan – Permitted and Registered Activities 5 2/18/2021 Permit Number Facility Name Owner County Permit Type Permitted Wastewater Treatment System Effluent (GPD)* 8 HUC WQ0000777 Aulander Town - WWTP/Spray Facility Town of Aulander Hertford Wastewater Irrigation 333,510 03010203 WQ0001284 Town of Conway- WWTP Town of Conway Northampton Wastewater Irrigation 150,000 03010204 WQ0001536 Perdue Grain and Oilseed LLC Perdue Grain and Oilseed LLC Hertford Wastewater Irrigation 35,000 03010203 WQ0001602 Town of Winton WWTP Town of Winton Hertford Wastewater Irrigation 585,000 03010204 WQ0001868 Severn Town - WWTP/Spray System Town of Severn Northampton Wastewater Irrigation 62,000 03010204 WQ0002012 Georgia-Pacific Chemicals LLC Georgia-Pacific Chemicals LLC Northampton Wastewater Irrigation 8,450 03010204 WQ0002096 Pinewood Manor Rest Home Jor Enterprises LLC Hertford Wastewater Irrigation 7,500 03010203 WQ0003299 Seaboard Town WWTF/Spray Town of Seaboard Northampton Wastewater Irrigation 134,000 03010204 WQ0003885 Town of Ahoskie WWTP Town of Ahoskie Hertford Wastewater Irrigation 406,000 03010203 WQ0004910 Town of Woodland WWTF Town of Woodland Northampton Wastewater Irrigation 185,000 03010204 WQ0005192 Murfreesboro Hatchery #5 Perdue Foods LLC Northampton Wastewater Irrigation 10,909 03010204 WQ0005910 Avoca Farms - Merry Hill Avoca Inc Bertie Wastewater Irrigation 50,000 03010203 WQ0006785 Murfreesboro WWTF Town of Murfreesboro Hertford Wastewater Irrigation 649,610 03010204 WQ0011119 Colerain WWTP Town of Colerain Bertie Wastewater Irrigation 75,000 03010203 WQ0012404 CF Nitrogen Site in Tunis, NC C F Industries Inc Hertford Groundwater Remediation 54,795 03010203 WQ0040672 Stevens Towing - Riverbulk Terminal WWTF Stevens Towing Co of North Carolina LLC Chowan Wastewater Irrigation 12,710 03010203 WQ0036706 Ahoskie WWTP Town of Ahoskie Hertford Land Application of Residual Solids (503) - 03010203 WQ0001989 Roanoke Rapids Sanitary District Roanoke Rapids Sanitary District Northampton Land Application of Residual Solids (503) - 03010204 WQ0002368 Town of Weldon Town of Weldon Northampton Land Application of Residual Solids (503) - 03010203 Chowan – Permitted and Registered Activities 6 2/18/2021 Permit Number Facility Name Owner County Permit Type Permitted Wastewater Treatment System Effluent (GPD)* 8 HUC WQ0038835 Terra Renewal Services – Mountaire Farms/Tyson Foods Terra Renewal Services Inc. Gates Land Application of Residual Solids - 03010203 *The Permitted Wastewater Treatment System Effluent (Gallons Per Day - GPD) is the maximum volume of effluent that can be applied using non-discharge methods. These facilities are overseen by the NDB and the Regional Offices of the North Carolina Department of Environmental Quality (NCDEQ). Due to the nutrient sensitivity of the waters in the Chowan River basin and the strict effluent limits on discharges, these non-discharge wastewater treatment systems are more common than municipal surface wastewater dischargers. This transition occurred in the 1980’s to help prevent eutrophication in the nutrient sensitive waters of the Chowan River Basin. Recently, the frequency of eutrophication events in the surface waters of the Chowan River Basin has evoked interest in all potential sources of nutrients in the basin which include both the wastewater irrigation permitted facilities and the fields which permit land application of residuals. Wastewater irrigation facility permit owners submit groundwater quality information to the NDB through Groundwater Quality Forms. They also submit effluent quality information through Non-Discharge Monitoring Reports (NDMR) and application rates through Non-Discharge Application Reports (NDAR). In 2013, the 2010 NDMR and NDAR reports were used to develop estimates of the treated wastewater applied to the land surface in each river basin across the state. This study suggests that in order to estimate the amount of nutrients being applied, it would be necessary to add effluent monitoring for total phosphorous and either total nitrogen or nitrate + nitrite and total kjeldahl nitrogen. It would also be necessary for effluent monitoring to occur at least once a month for every month that application takes place (NCDENR, 2013). Since this study the effluent monitoring frequency has not been increased because the frequency is dependent on the environmental permit regulatory requirements. The effluent and groundwater quality monitoring parameters have increased over time as the Effluent Monitoring Policy was revised. The 16 non-discharge facilities which operate wastewater irrigation systems monitor the effluent applied through spray irrigation systems for ammonia, total kjeldahl nitrogen, and total phosphorus. As of 2020, all wastewater irrigation facilities in the Chowan River Basin monitor total nitrogen, nitrate, and/or nitrite plus nitrate, as well as, ammonia, total kjeldahl nitrogen, and total phosphorus. Changes in sampling parameters were incorporated into individual permits on a rolling basis at the time of permit renewals based on the revised Effluent Monitoring Policy and the Standard Industrial Classification Code. As facilities continue to incorporate additional nutrient parameters into their monitoring, the data they collect will provide necessary information regarding the amount of nitrogen and phosphorus being applied to the land surface to minimize adverse impacts to the surrounding environment. Alongside the nutrient concentrations in the effluent, the groundwater flowing below these permitted wastewater irrigation facilities is monitored through a system of wells positioned up gradient and downgradient of their irrigation or application fields. The nutrient parameters measured in the groundwater include ammonia and nitrate. As of 2020, nine facilities also include total phosphorus Chowan – Permitted and Registered Activities 7 2/18/2021 measurements and one facility is also monitoring or orthophosphate. Nitrite was measured at various facilities with variable timeframes of sampling between 1988 and 2004. Total kjeldahl nitrogen was sampled at two facilities in 1990 and 1991. Currently, total nitrogen, nitrite, and total kjeldahl nitrogen are not monitored in the groundwater under the wastewater irrigation faculties in the Chowan River Basin. By continuing to increase the nutrient parameters measured in the groundwater the facility owners and NCDEQ can be alerted to possible elevated nutrient concentrations in the underlying groundwater either up gradient or downgradient of their application fields. In many monitoring wells, the nitrate and ammonia concentrations are below the 15A NCAC 02L and Interim Maximum Allowable Concentrations for groundwater of 10 mg/L and 1.5 mg/L, respectively. Although groundwater concentrations below many of these wastewater irrigation facilities adhere to groundwater standards, a few facilities have observed concentrations above these standards in in groundwater around the facilities. It is recommended that the NCDEQ Regional Offices, supported by their discretion, split samples with a few specific Non-Discharge facilities during a compliance visit and analyze the samples for nutrient parameters. These parameters could include total phosphorous, total nitrogen, nitrate, and total kjeldahl nitrogen. In addition to split sampling, it is encouraged that NCDEQ continue to support and expand the ambient monitoring of groundwater in the Chowan River Basin and statewide through the Ground Water Management Branch. Should potential exist to expand the coastal ambient observation monitoring well network, consideration should be given to locate wells in strategic locations in proximity to surface waters. Such locations may provide a method to improve predictive modelling efforts related to groundwater discharges to the surface water system. By continuing to increase the monitoring of nutrients in both the ambient groundwater and at the wastewater irrigation facilities a more comprehensive understanding of the nutrients in the groundwater can be ascertained across the Chowan River Basin. Following up and implementing best management practices in the areas contributing significant nutrients could then help protect groundwater and ultimately surface water. It is important to note that there is a direct connection between groundwater and surface water in many places. Non-discharge systems work well when the site is conducive to infiltration. However, problems can arise when the site is a low-lying area with a high groundwater table (thereby inhibiting infiltration), or with nearby wetlands or ditches that can act as a ready conduit for runoff. Most non-discharge wastewater irrigation sites have lagoons which start the treatment process and allows the wastewater to be held until conditions are appropriate to spray. If the water table is high in an application field, water level meters are installed to prevent irrigation until there is a certain vertical separation between the land surface and the water table. Runoff is a potential concern at any irrigation site, but it can be prevented with proper hydraulic loading (water balance), buffering, and storage. All of the facilities in the Chowan River basin have the potential to cause impacts to surface or groundwater. Although potential may exist for groundwater and surface water impacts to occur from Non-Discharge operations, there are few facilities where routine run-off occurs from the spray fields, no routine cases of nutrient over-application occurring based on monitoring data, nor widespread groundwater impacts attributable to wastewater management operations. It is recommended that research be conducted to better establish and understand the relationship between groundwater and surface water in the Chowan River basin. Such understanding would provide for more accurate assessment of surface water impairments resulting from groundwater discharges in the Chowan River basin and enable the state to make sound permitting judgments and recommendations to better protect ground and surface water quality. Chowan – Permitted and Registered Activities 8 2/18/2021 7.1.3.1 Groundwater Remediation Non-Discharge Permitting C. F. Industries Inc. is the only groundwater remediation non-discharge permitted facility (Table 7-2). This permitted facility operates a groundwater recovery system to remove nitrogen-enriched groundwater near the Chowan River. The nitrogen-enriched groundwater site was previously the location of a fertilizer company which produced ammonia, nitric acid, urea, ammonium nitrate, nitrogen solutions and nitrogen- phosphorus-potassium fertilizer (NCDEM, 1979). Additional details regarding C. F. Industries Inc. can be found in the Chowan River Restoration Project document. The Chowan River Restoration Project proposed the installation of a slurry trench wall around the main plant site (NCDEM, 1979). Currently, this property is permitted under the Ground Water Resources Section and continues operate the groundwater recovery system at the site. The site monitors the groundwater to ensure overtopping of the slurry wall and migration of the nitrogen-enriched groundwater is minimized. Analysis of the nitrogen-enriched groundwater occurs every 90 days, and the analysis includes nitrate-nitrite, ammonia, total kjeldahl nitrogen, and phosphorus. The groundwater from the site is pumped and hauled to land application sites in Bertie, Northampton and Hertford which use the nitrogen-enriched water for irrigation. These land application sites maintain their application rates at or below agronomic rates to where no discharge will occur to surface waters. 7.1.3.2 Non-Discharge Permitted Facilities Best Management Practices The protection of surface water resources is considerably easier to than a groundwater resources since a permitted facility which directly discharges to a surface water can be removed and the water quality will be restored within a few days or months, but once groundwater is impacted by a discharger it can take hundreds to thousands of years to restore water quality (Curran, 1973). Minimizing the adverse environmental impacts from irrigation relies on proper management of irrigation application rates, timing of irrigation, setbacks/isolation, wastewater constituents, and irrigation system performance (NCDENR, 2015). Alongside the proper management of irrigation best management practices should be implemented when and where appropriate. As stated previously, many of these systems are run by small towns with tight budgets. As a result, several systems have not been able to deal with long-term compliance problems. As funding permits, NCDEQ should work with these towns through the Division of Water Infrastructure to upgrade the water and wastewater infrastructure and reduce potential impacts to the Chowan River basin. Please refer to Chapter 6 which includes a list of the Division of Water Infrastructure grants. Setting realistic yield goals/expectations, controlling erosion, managing water flow, preserving buffer strips and using appropriate crops are just a few best management practices. The use of appropriate crops is detailed as “deep rooted crops, including alfalfa and to a lesser extent soybean, will scavenge nitrates that leach past the usual soil rooting zone. Used in crop rotation following shallow rooted or heavily fertilized row crops, deep-rooted crops will recover excess nitrate from the soil and reduce the amount of nitrate available for leaching to groundwater.” (NCDENR, 2015). A complete list of best management practices can be found in the NC WPCSOCC Surface Irrigation System Operators Training Manual. Additionally, tools such as the realistic yield expectation calculator are available via North Carolina State University. 7.1.4 On-Site Wastewater Treatment Systems (Septic Systems) Instead of being sent to a wastewater treatment facility, wastewater from many households is treated on-site through the use of an on-site wastewater treatment system, more commonly referred to as a septic system. Poorly planned and/or maintained septic systems can fail and contribute to nonpoint Chowan – Permitted and Registered Activities 9 2/18/2021 source pollution. Wastewater from failing septic systems can contaminate ground and surface water. Failing septic systems are also health hazards and are considered illegal discharges when surface water is impacted. A NPDES general permit is required if a septic system discharges less than 1,000 gallons per day (gpd) to surface waters. The general permit (NCG550000) allows the discharge of treated domestic wastewater to surface waters. Effluent limits must be met as part of the permit and monitoring is required on an annual basis. Additional provisions may also be included in the permit. There are no general permits issued for on-site wastewater treatment systems in the Chowan River basin. For all systems with a discharge greater than 3,000 gallons per day (gpd), system layout, plans and specifications must be reviewed and approved by the State. Guidance for determining the minimum design daily flow for domestic sewage is provided in administrative code (15A NCAC 18A .1949). The On-Site Water Protection Branch (OSWB) in the Environmental Health Section (EHS) of the Division of Public Health (DPH) in the Department of Public Health and Human Services (DHHS) is responsible for providing regulatory oversight of sub-surface on-site wastewater and dispersal systems as well as inspecting and testing the construction, repair or abandonment of a private drinking water well on or after July 1, 2008. OSWB provides statewide regulatory and consultative services related to both wastewater and private drinking water wells to local health departments as well as number of other clients including: builders, developers, landowners, system installers, well drillers, system operators, engineers, soil scientists, geologists, and environmental health consultants. Information about the proper installation and maintenance of septic tanks can be obtained by contacting OSWB or county health departments. OSWB also has a Non-Point Source (NPS) Pollution Program that identifies potential NPS pollution from on-site systems as well as best management practices to ensure an on-site system is functioning properly. The program also has county statistics on the number of households using septic systems. The facts and figures are based off of the 1990 Census; the 2000 and 2010 Census did not include questions about septic system information. In the Chowan River basin, it was determined that more than 50 percent of the residents in all counties were using septic systems to dispose of domestic waste. Gates County had the greatest amount of septic systems at 88 percent (Table 7-3). Table 7-3 Number of Septic Systems in the Chowan River Basin (based on 1990 Census data) County Area (mi2) Total Population Sewage Disposal (Housing Units) Sewer Usage (%) Septic Usage (%) Potential N (lbs./yr.) Sewer Septic Other Bertie 343.82 11,603 752 3,441 325 16.64 76.16 92,665 Chowan 172.64 13,506 2,310 3,467 133 39.09 58.66 80,368 Gates 340.63 9,305 82 3,266 348 2.22 88.37 90,972 Hertford 353.67 22,523 3,639 4,799 432 41.03 54.1 134,727 Northampton 354.86 17,961 2,556 4,506 432 34.11 60.13 116,975 Total 1665.61 74,358 9,339 19,479 1670 515,707 Local health departments are responsible for ensuring that new septic systems are sited and constructed properly, and an adequate repair area is available. Understanding the potential economic and human Chowan – Permitted and Registered Activities 10 2/18/2021 health ramifications caused by failing septic systems can help county, town and city planners plan for long- term septic system sustainability. 7.2 Wetland and Buffer Transportation Permitting Programs The 401 & Buffer Permitting Branch is responsible for permitting impacts to wetlands and streams as per the federal Nationwide permitting program and permitting impacts to isolated wetlands. The number 401 refers to Section 401 of the CWA. A 401 certification confirms that a project will not degrade waters of the state or violate state water quality standards. The certificate is required for any federally permitted or licensed activity that may result in streambed, streambank or wetland disturbance. This includes activities such as damming a stream channel to create a pond or lake, bank stabilization, or placing material in a stream, wetland or open water, or draining a wetland. Examples include culvert installation, utility lines, dams, dikes or artificial islands. The program also regulates compensatory mitigation (Division of Mitigation Services (DMS), Private Mitigation Banks, and Permittee Responsible), buffer mitigation, and the nutrient offset, as well as, compliance and enforcement. The majority of NC Department of Transportation (NCDOT) mitigation comes from DMS. The branch permits buffer impacts but a number of municipalities also have the authority from the state to regulate buffer impacts. Interactive projects maps apply to all permitted 401 and buffer projects, including transportation and can be found on an the branch’s website. Working closely with the DOT, the Transportation Permitting Branch is responsible for implementing "North Carolina’s waters, wetlands and riparian buffer regulatory programs" for all transportation projects. This includes any enforcement and compliance with those projects. They assist with the scoping and planning process through the Merger process to ensure water quality is protected. They are responsible for the permitting. The mitigation regulated is generally on-site. The branch reviews 401 certificate applications and on-site wetland and stream mitigation plans associated with road projects. The branch also houses the headwater stream spatial dataset. Documents related to NCDOT projects which include buffer impacts, stream determinations, mitigation and 401 certifications as well as 401 stormwater management plans are available through DWR’s Document Management System which is available on the Transportation Permitting Branch’s website. 7.3 Division of Coastal Management The Division of Coastal Management (DCM) protects, conserves, and manages North Carolina’s coastal resources through planning, permitting, education and research. DCM carries out the NC Coastal Area Management Act (CAMA), the NC Dredge and Fill Act and the Federal Coastal Zone Management Act of 1972 in the 20 coastal CAMA Counties. DCM protects coastal North Carolina resources designated as Areas of Environmental Concern (AECs) through their permitting program with rules established by the Coastal Resource Commission. There are four categories of AECs: (1) the Estuarine and Ocean System, (2) the Ocean Hazard Areas, (3) Public Water Supplies, and (4) Fragile Natural Resource Areas. Most of North Carolina’s existing AECs fall into the first two categories. The DCM permitting program issues three types of permits to protect AECs. These include Major, Minor, and General permits. Impacts to Coastal Wetlands as defined by 15A NCAC 07H. 0205 require a CAMA permit in addition to the 401 and 404 permits. So as not to duplicate efforts, DCM generally takes the lead for the state on determining impacts and compensatory mitigation requirements for impacts to Coastal Wetlands. Chowan – Permitted and Registered Activities 11 2/18/2021 7.4 Stormwater Programs Stormwater runoff is a primary carrier of nonpoint source pollution and is a particular concern in the agricultural based Chowan River basin. Previous hydrologic alterations of the landscape have ditched and channelized the land to improve drainage. Stormwater currently moves quickly off the land bypassing swamps and enters directly into creeks and rivers untreated. The impact of stormwater runoff is also severe in developing areas where recently graded lands are highly susceptible to erosion. Water quality impacts are also evident in urbanized areas where stormwater runoff is increased by impervious surfaces and is rapidly channeled through ditches, curb and gutter systems into nearby waterbodies. The goal of the NC Division of Energy, Minerals and Land Resources (DEMLR) stormwater programs is to prevent pollution from entering the waters of the state via stormwater runoff. The Stormwater Permitting Program develops, plans and implements statewide stormwater control policies, strategies and rules designated to protect surface waters. The program handles permitting for industrial, municipal and post- construction (development) projects and provides technical assistance to communities, engineers, industry, citizens, and local governments. Stormwater control programs include those required under NPDES, Post-Construction, and Water Supply Watersheds. DEMLR maintains an interactive web-based map to help the public determine whether development activities are subject to the post-construction permitting program or other stormwater permitting requirements. A tutorial and guidance documents are also available for interpreting the map. Currently, there are 25 NPDES stormwater permits issued in the Chowan River basin (Table 7-4). North Carolina has 21 different industrial general permits that cover stormwater discharge associated with industrial activities and construction. Industries that are eligible for one of the general permits are issued a Certificate of Coverage (COC). Industries that are not eligible for a general permit are required to obtain an individual permit. A map is available online to assist the public in finding facilities or projects with stormwater permits. Table 7-4 NPDES Stormwater Permits – Chowan River Basin Permit Number Facility Name Owner Type County Name Permit Type NCG020417 Union Sand and Gravel Inc Non-Government Hertford Mining Activities Stormwater Discharge COC NCG020476 Newsome #2 Pit Non-Government Northampton Mining Activities Stormwater Discharge COC NCG020811 Eure Sand Mine Individual Gates Mining Activities Stormwater Discharge COC NCG020824 Cofield Mine Non-Government Hertford Mining Activities Stormwater Discharge COC NCG020836 Copperneck Sand Hole Mine Non-Government Chowan Mining Activities Stormwater Discharge COC NCG020892 Joseph Parrish Mine Non-Government Chowan Mining Activities Stormwater Discharge COC Chowan – Permitted and Registered Activities 12 2/18/2021 Permit Number Facility Name Owner Type County Name Permit Type NCG030135 Alfiniti, Inc. Non-Government Hertford Metal Fabrication Stormwater Discharge COC NCG050017 Berry Plastics Non-Government Hertford Apparel/Printing/Paper/Leat her/Rubber Stormwater Discharge COC NCG060343 Severn Peanut Company, Inc Non-Government Northampton Food/Tobacco/Soaps/Cosmet ics/Public Warehousing Stormwater Discharge COC NCG080126 A T Byrum & Son Incorporated Non-Government Hertford Transportation w/Vehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC NCG080134 Pilot Travel Centers LLC #68 Non-Government Northampton Transportation w/Vehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC NCG080762 North Carolina and Virginia Railroad Non-Government Hertford Transportation w/Vehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC NCG080887 Ahoskie Bin Non-Government Hertford Transportation w/Vehicle Maintenance/Petroleum Bulk/Oil Water Separator Stormwater Discharge COC NCG100032 Goodnews Auto Sales & Salvage Non-Government Bertie Used Motor Vehicle Parts Stormwater Discharge COC NCG100130 Liverman's Automotive Inc Individual Hertford Used Motor Vehicle Parts Stormwater Discharge COC NCG100239 Ahoskie Pull Parts Non-Government Hertford Used Motor Vehicle Parts Stormwater Discharge COC NCG140102 Commerical Ready Mix Products Non-Government Hertford Ready Mix Concrete Stormwater/Wastewater Discharge COC NCG140331 Ready Mix Inc - Roanoke- Chowan Non-Government Bertie Ready Mix Concrete Stormwater/Wastewater Discharge COC NCG150063 Tri-County Airport Non-Government Bertie Air Transportation Stormwater Discharge COC NCG160206 Winton Asphalt Plant Non-Government Hertford Asphalt Paving Mixture Stormwater Discharge COC Chowan – Permitted and Registered Activities 13 2/18/2021 Permit Number Facility Name Owner Type County Name Permit Type NCG210078 Seaboard Lumber Mill Non-Government Northampton Timber Products Stormwater Discharge COC NCG210185 Ashton Lewis Lumber Company Non-Government Gates Timber Products Stormwater Discharge COC NCG210360 Carolina Bark Products Non-Government Northampton Timber Products Stormwater Discharge COC NCG210420 Enviva Pellets Ahoskie LLC Non-Government Hertford Timber Products Stormwater Discharge COC NCS000134 Avoca Farms - Merry Hill Non-Government Bertie Stormwater Discharge, Individual 7.5 Animal Operations DWR’s Animal Feeding Operations (AFO) Program is responsible for permitting and compliance activities of animal feeding operations across the state. Animal operations are defined by General Statute 143- 215.10B as feedlots having more than 250 swine, 100 confined cattle, 75 horses, 1,000 sheep or 30,000 poultry with a liquid waste management system. All permitted animal operations are required to have a Certified Animal Waste Management Plan (CAWMP). The CAWMP is developed by a Certified Technical Specialist and is incorporated into the permit. There are many deemed permitted operations across the state. Operations considered deemed permitted have fewer animals than the state requires to obtain a permit or have a waste management system that does not require a state or federal permit. Poultry operations that use dry-litter poultry waste systems are examples of operations that are deemed permitted. Owners or operators of dry-litter poultry waste facilities are, however, required to adhere to rules set forth under 15A NCAC 02T .1303 and General Statute 143-215.10C which include minimum stream setbacks, land application rates, soil analysis, and recordkeeping. There are 40 permitted animal operations in the Chowan River basin, all of which are swine (Table 7-5). Several poultry operations are located in the basin as well, but these facilities are deemed permitted. More information about animal feeding operations can be found on the program’s website. Table 7-5 Animal Feeding Operation (AFO) Permits – Chowan River Basin (2020) Permit Number* Facility Name Combined Owner County Name HUC Watershed Name Number of Lagoons AWS080010 Farm 35 & 33 Murphy- Brown LLC Bertie 0301020303 Ahoskie Cr 4 AWS210002 Billy R. Nixon Farm Billy Nixon Chowan 0301020306 Holiday I.- Chowan R 1 AWS210004 Stallings Family Farm Cheryl Stallings Chowan 0301020306 Holiday I.- Chowan R 2 AWS210006 Michael Nixon Farm Michael Nixon Chowan 0301020307 Chowan R 1 Chowan – Permitted and Registered Activities 14 2/18/2021 Permit Number* Facility Name Combined Owner County Name HUC Watershed Name Number of Lagoons AWS210015 Curtis Byrum Farm Curtis Byrum Chowan 0301020306 Holiday I.- Chowan R 3 AWS370003 George Lang Farm George Lang Gates 0301020305 Bennetts Cr 1 AWS370004 BHI3 Michael McPherson Gates 0301020305 Bennetts Cr 1 AWS370006 Indian Neck Hog & Poultry Farm William Rountree Gates 0301020305 Bennetts Cr 2 AWS370012 Byrum Farm Wayne Byrum Gates 0301020305 Bennetts Cr 1 AWS370015 Paul Lilley Farm Paul Lilley Gates 0301020302 Sarem Cr- Chowan R 2 AWS370059 Sarem Farms, Inc. Sarem Farms Inc Gates 0301020302 Sarem Cr- Chowan R 2 AWS460003 DBA Merritt Farms Donald Merritt Hertford 0301020304 Wiccacon R 1 AWS460004 Lena Lowe Farm Lena Lowe Hertford 0301020306 Holiday I.- Chowan R 1 AWS460007 Farm 40 Murphy- Brown LLC Hertford 0301020303 Ahoskie Cr 2 AWS460015 Brian Mitchell Farm Brian Mitchell Hertford 0301020306 Holiday I.- Chowan R 1 AWS660084 Plantation Sow Farm Maxwell Foods LLC Northampton 0301020303 Ahoskie Cr 3 AWI660009 Williams Farms Williams Farms of NC Inc Northampton 0301020407 Fontaine Cr 2 AWS460006 Farm 8134 Murphy- Brown LLC Hertford 0301020408 Potecasi Cr 1 AWS460009 Farm 31 Murphy- Brown LLC Hertford 0301020408 Potecasi Cr 2 AWS460011 Farm 8525 & 8526 Murphy- Brown LLC Hertford 0301020408 Potecasi Cr 4 AWS660005 Farm 40 A & 40B Murphy- Brown LLC Northampton 0301020409 Tarrara Cr- Meherrin R 3 AWS660011 Farm 39 Murphy- Brown LLC Northampton 0301020407 Fontaine Cr 2 AWS660014 Blue Rose 3 Blue Rose Inc Northampton 0301020408 Potecasi Cr 1 AWS660022 Farm 8532 Murphy- Brown LLC Northampton 0301020409 Tarrara Cr- Meherrin R 1 AWS660023 Farm 8537 Farm 37 LLC Northampton 0301020408 Potecasi Cr 2 AWS660027 Wheeler Farm William Wheeler Northampton 0301020408 Potecasi Cr 3 AWS660030 Farms 27-30 Murphy- Brown LLC Northampton 0301020407 Fontaine Cr 8 AWS660034 Farm 11 / 8511 Murphy- Brown LLC Northampton 0301020409 Tarrara Cr- Meherrin R 2 Chowan – Permitted and Registered Activities 15 2/18/2021 Permit Number* Facility Name Combined Owner County Name HUC Watershed Name Number of Lagoons AWS660039 Long's Hog Farm James Long Northampton 0301020408 Potecasi Cr 1 AWS660040 Barrow East Jimmy Barrow Northampton 0301020408 Potecasi Cr 1 AWS660041 Blue Rose 4 Blue Rose Inc Northampton 0301020408 Potecasi Cr 1 AWS660049 Jenkins Farm Autrey Jenkins Northampton 0301020408 Potecasi Cr 1 AWS660051 DMJ Farm Dmj Group LLC Northampton 0301020408 Potecasi Cr 2 AWS660055 DMJ Farms 2 Dmj Group LLC Northampton 0301020408 Potecasi Cr 2 AWS660058 Mike Lassiter Farm Michael Lassiter Northampton 0301020408 Potecasi Cr 2 AWI660059 Greg Taylor Farm Gregory Taylor Northampton 0301020408 Potecasi Cr 2 AWS660077 Farms # 91 / 8091 Murphy- Brown LLC Northampton 0301020408 Potecasi Cr 2 AWS660078 Winnaway Farm Wee Winn LLC Northampton 0301020408 Potecasi Cr 3 AWS210022 Beaver Swamp Hog Ivey Ward Chowan 0301020306 Holiday I.- Chowan R AWI370037 Lawrence Farms Lawrence M Gates 0301020302 Sarem Cr- Chowan R *Permit Type: AWS – Swine State COC, AWI – Animal Individual State Permit 7.6 Water Use 7.6.1 Public Water Systems It is the responsibility of DWR’s Public Water Supply Section (PWSS) to regulate public water systems (PWS) within the state under the authority of General Statute 130A Article 10: North Carolina Drinking Water Act. Public water systems (PWS) are those that provide piped drinking water to 15 or more service connections or 25 or more people for 60 or more days per year (Table 7-6). A PWS is identified by the number of people served or number of connections and the number of days or months of the year that the population is served. Table 7-6 Types of Public Water Supply Systems (PWS) Public Water Supply (PWS) Type Description Community Regularly serves 25 or more year-round residents or has 15 or more connections. Examples include subdivisions, mobile home parks, prisons and assisted living centers. Non-Transient Non-Community Serves at least 25 of the same persons 6 or more months per year. Examples include schools, daycares and industries. Transient Non-Community Serves 25 or more people at any given time at least 60 days per year. Examples include restaurants, gas stations, rest areas and campgrounds. Chowan – Permitted and Registered Activities 16 2/18/2021 7.6.2 Source Water Assessment Program (SWAP) Pollution prevention is recognized as the most effective approach for ensuring a reliable, long-term and safe public drinking water supply. The Safe Drinking Water Act (SDWA) amendments of 1996 required that all states establish a Source Water Assessment Program (SWAP). SWAP allows the state to systematically identify potential contaminants and delineate source water protection areas by using existing data from established federal and state environmental programs. The primary goal of SWAP is to protect public drinking water supplies. Detailed assessments of all public drinking water intakes are available for review and can be used as a planning tool to protect public drinking water sources. An interactive map is also available which provides general information about the water source and its susceptibility rating. The susceptibility rating is based on a contaminant rating and an inherent vulnerability rating and indicates the potential for a drinking water source to become contaminated. It should be noted that the susceptibility rating is not an indicator of water quality, but rather, the potential for a water source to be impacted by the identified contaminants within the assessment area. 7.6.3 Wellhead Protection (WHP) Program In 1986, amendments to the Safe Drinking Water Act (SWDA) established requirements for states to develop Wellhead Protection (WHP) programs. WHP programs were intended by Congress to be a key part of a national ground water protection strategy to prevent contamination of groundwater used for public drinking water supplies. In North Carolina, development of a local WHP plan is not mandatory but is encouraged and viewed as a valuable supplement to existing ground water protection programs. North Carolina’s program is intended for city and county governments and water supply operators who wish to provide added protection to their local ground water supplies. The WHP plan identifies the wellhead protection area (WHPA). A WHPA is defined as “the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonable likely to move toward and reach such water well or wellfields.” Once implemented, the WHP plan reduces, but does not eliminate, the susceptibility of wells to contaminants. Currently, The Towns of Ahoskie, Aulander, Cofield, Conway, Jackson, Powellsville, Rich Square, and Winton have wellhead protection plans in place. 7.6.4 Local Water Supply Plans (LWSP) Under General Statute 143-355(l), local governments that provide public water service are required to prepare local water supply plans (LWSP). All community water systems that have 1,000 or more service connections or serve more than 3,000 people on a regular basis are also required to prepare a LWSP. The LWSP is an assessment of a water system’s current and future water needs and its ability to meet those needs. By understanding current and future needs, local governments and community systems will be able better able to manage water supplies, plan for future growth, and prepare for system improvements. Data in the LWSP is entered by the Public Water Supply System (PWSS) and includes information about population, population projections, water supply and demand. The PWS reports water usage annually to DWR and updates the LWSP at least every five years. Eighteen PWS’s are required to submit a LWSP. Combined, the PWS’s supplied 5.992 millions of gallons (MGD) of water to just over 66,000 people in 2018. Residential demand accounted for 58 percent of the total use. Non-residential demand accounted for 26 percent. The remaining 16 percent was used for system processes (cleaning and flushing waterlines, backwash, etc.) or is unaccounted-for. More information about LWSPs can be found in Chapter 8. Chowan – Permitted and Registered Activities 17 2/18/2021 7.6.5 Water Withdrawal & Transfer Registration General Statute 143-215.22H requires that any non-agriculture person or entity who withdraws 100,000 gallons or more of water per day from surface water or groundwater or who transfers 100,000 gallons or more of water per day from one river basin to another register the withdraw or transfer with the Environmental Management Commission. Any agricultural water users that withdraw or transfer 1,000,000 gallons or more of surface water or groundwater per day must also register the withdraw or transfer. The withdrawal or transfer can be registered through the Water Withdrawal & Transfer Registration (WWATR) program administered through DWR. Under administrative rule (15A NCAC 02E .0604), registrants must report monthly average water use in million gallons per day (MGD) on an annual basis. Twenty-three facilities withdraw a combined 3.241 MGD over the course of a year with the majority being used for row crop farming and research (Table 7-7). Registered withdrawers include 19 row-crop farming and research uses, two mining (mineral extraction) facility, one each industrial facility, and one animal processing facility (Table 7-8). Table 7-7 Water Withdraw and Transfer Registration (WWATR) in the Chowan River Basin (2018) HUC Facility ID Facility Name County Type Source Average Annual Use (MGD) 03010204 0235-0001 T. J. Taylor & Sons, Inc. Northampton Agricultural Pond 0.035 Pond 0.009 Well 0.011 Well 0.000 Well 0.003 03010203 0015-0001 Oakland Farm Bertie Agricultural Pond 0.085 03010203 0015-0003 Quarter Farm Bertie Agricultural River 0.023 03010203 0015-0004 Beasley Farm Bertie Agricultural Pond 0.026 03010203 0015-0005 Cowan Farm Bertie Agricultural Stream 0.071 03010203 0015-0007 Williams Farms Hertford Agricultural River 0.073 03010203 0015-0008 Sharp Farm Hertford Agricultural River 0.057 03010203 0015-0009 Pruden Farm Hertford Agricultural Stream 0.058 03010203 0015-0010 Powell Farm Hertford Agricultural Stream 0.089 03010203 0015-0011 Liberty Hill Hertford Agricultural River 0.016 03010203 0054-0001 Gillam Farms (combined) Hertford Agricultural Pond 0.095 Pond 0.337 Pond 0.028 Pond 0.069 Pond 0.030 Pond 0.033 Pond 0.000 River 0.000 River 0.030 River 0.057 River 0.107 River 0.018 Well 0.036 Well 0.160 Chowan – Permitted and Registered Activities 18 2/18/2021 HUC Facility ID Facility Name County Type Source Average Annual Use (MGD) Well 0.018 Well 0.107 Canal 0.036 03010203 0104-0001 Baughan Farm Hertford Agricultural Pond 0.035 Well 0.026 03010203 0104-0002 CJ Farm Hertford Agricultural Stream 0.028 03010203 0104-0003 Daniels Farm Hertford Agricultural Pond 0.020 Well 0.006 03010203 0104-0004 Hill Farm Hertford Agricultural Stream 0.028 Well 0.019 03010203 0104-0006 Mitchell Farm Hertford Agricultural Well 0.065 03010203 0104-0007 Jilcott Farm Hertford Agricultural Pond 0.020 Well 0.016 03010203 0230-0002 Cofield Facility Hertford Industrial (Animal Processing) Well 0.141 Well 0.328 Well 0.002 03010203 0375-0001 Stuart Pierce Farms, INC. Hertford Agricultural Stream 0.051 03010203 0720-0001 Nucor Steel Hertford Industrial Pond 0.031 River 0.219 Well 0.009 Well 0.114 Well 0.004 Well 0.278 Well 0.020 Well 0.000 Well 0.037 Well 0.011 Well 0.017 03010203 0851-0001 Wildcat Road Mine Chowan Mining Pond 0.000 03010203 0851-0002 Copperneck Sand Hole Mine Chowan Mining Pond 0.003 03010203 0868-0001 Byrum Farms Inc. Chowan Agricultural Well 0.000 Well 0.000 Chowan – Permitted and Registered Activities 19 2/18/2021 Table 7-8 Total Water Use of Registered Withdrawers by Type (2018) Use Type Number of Facilities Ground Water (MGD)* Surface Water (MGD)* Total % Ground Water % Surface Water % of Total Agriculture (Row-Crop Farming/Research) 19 0.275 1.753 2.029 14% 86% 63% Industrial (Animal Processing) 1 0.471 0.000 0.471 100% 0% 15% Industrial (Metal/Plastic/Fiberglass Manufacturing) 1 0.735 0.004 0.739 99% 1% 23% Mining (Mineral Extraction) 2 0.000 0.003 0.003 0% 100% 0% Total 23 1.481 1.760 3.241 46% 54% 100% * Annual average ground or surface water used (MGD). Calculated based on the average daily amount and the number of days reported in 2018. Surface water includes canals, ponds, rivers and streams. Chowan – Permitted and Registered Activities 20 2/18/2021 References North Carolina Department of Environment and Natural Resources, 2013, A Summary of Treated Wastewater Land Application in 2010. https://digital.ncdcr.gov/digital/collection/p16062coll9/id/242943/rec/1 Curran S. F., 1973, Land Disposal of Wastewater in the Commonwealth of Pennsylvania A Regulatory View. Land Application of Wastewater, pp. 69 – 70. https://nepis.epa.gov/Exe/ZyPDF.cgi/20007Y59.PDF?Dockey=20007Y59.PDF North Carolina Department of Environment and Natural Resources, 2015, North Carolina Surface Irrigation System Operators Training Manual. https://files.nc.gov/ncdeq/Water%20Quality/Operator_Certification_Files/WW_Files/WW_Downloads/ Need_To_Know/NC%20Surface%20Irrigation%20System%20Operators%20Training%20Manual_2015.pd f North Carolina Department of Natural Resources and Community Development, 1979, Chowan River Restoration Project. https://www.govinfo.gov/content/pkg/CZIC-td365-n8-c54-1979/pdf/CZIC-td365-n8- c54-1979.pdf