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HomeMy WebLinkAboutNC0065749_Permit Issuance_20170428Water Resources ENVIRONMENTAL QUALITY April 28, 2017 Jacqueline A. Jarrell Charlotte Water 5100 Brookshire Blvd. Charlotte, NC 28216 ROY COOPER Governor MICHAEL S. REGAN Senelnn' S. JAY ZIMMERMAN Director Subject: Final NPDES Permit Renewal Permit NCO065749 Ashe Plantation WWTP Mecklenburg County Class 2 Facility Dear Ms. Jarrell: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES permit. 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). This final permit contains the following changes from the draft permit mailed to you: • Instream monitoring for pH has been added upstream and downstream in section A. (1). Instream pH values are needed to evaluate ammonia nitrogen data for your facility's potential effects on water quality in Duck Creek, especially as it pertains to the viability of habitat for the Carolina heelsplitter (Lasmigona decorata). • Footnote 2 in section A. (1) has been corrected for upstream and downstream sampling locations. • The fecal coliform daily maximum limit has been changed to a weekly average limit of 400/100 mL. This final permit contains the following changes from your previous permit: • 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. • Added effluent characteristic codes in Section A. (1) • Updated permittee to reflect ownership change • An updated outfall map has been included State of North Carolina I Envlronmentel Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 276994617 919 807 6300 Page 12 Following public notice of the draft permit, the Division received multiple comments from the U.S. Fish and Wildlife Service (USFWS), the North Carolina Wildlife Resource Commission (NCWRC), and Charlotte -Mecklenburg Storm Water Services (CMSWS). The comments focused on the subject facility's discharge and its potential effects on water quality in Duck Creek, especially as it pertains to the viability of habitat for the Carolina heelsplitter (Lasmigona decorata). The Carolina heelsplitter is a federally designated endangered freshwater mussel found in the Goose Creek Watershed. Section A. (2) Permit Reopener Condition: Ammonia Toxicity and Nutrients states that the permit may be reopened to impose further controls or restrictions on ammonia and nutrients to protect for water quality. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this decision shall be 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 any questions concerning this permit, please contact Jennifer Busam at (919) 807-6393 or via email at jennifer.busam@ncdenr.gov. ;S. eJay Zimmerman, P.G Director, Division of Water Resources, NCDEQ Hardcopy: NPDES Files Central Files DWR/Mooresville Regional Office / Water Quality Ecopy: Charlotte Water/Dawn Padgett [dkpadgett@ci.charlotte.nc.us] Charlotte Water/Shannon Sypolt [ssypolt@ci.charlotte.nc.us] USFWS/Field Supervisor/Janet Mizzi [Janet mizzi@fws.gov] USFWS/Fish and Wildlife Biologist/Byron Hamstead [Byron_hamstead@fws.gov] USFWS/Jason Mays [Jason.mays@fws.gov] NCWRC/Habitat Conservation Coordinator/ Vann Stancil [vann.stancil@ncwildlife.org] Mecklenburg County/Richard Farmer [Richard.farmer@mecklenburgcountync.gov] CMSWS/Environmental Supervisor/ John McCulloch [John.mcculloch@mecklenburgcountync.gov] Permit NCO065749 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, Charlotte Water is hereby authorized to discharge wastewater from a facility located at the Ashe Plantation WWTP End of Quarters Lane, east of Charlotte Mecklenburg County to receiving waters designated as Duck Creek in subbasin 03-07-12 of the Yadkin -Pee Dee 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 June 1, 2017. This permit and authorization to discharge shall expire at midnight on April 30, 2021. Signed this day April 28, 2017. DI�sioZimmerman, P.G., Director-- n of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NCO065749 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. Charlotte Water is hereby authorized to: 1. Continue discharging 0.10 MGD of treated domestic wastewater from an extended -aeration package treatment plant consisting of the following components: ■ Influent lift station ■ Bar screen ■ Equalization basin ■ Aeration basin ■ Rectangular clarifier ■ Tertiary filter ■ Ultraviolet disinfection ■ Back-up chlorine contact chamber with tablet -type chlorination and dechlorination ■ Continuous -recording flow measuring device ■ Filter backwash tank ■ Post aeration ■ Aerobic sludge digester This facility is located at the Ashe Plantation WWTP, at the end of Quarters Lane east of Charlotte, in Mecklenburg County. 2. Discharge from said treatment works via Outfall 001, at the location specified on the attached map into Duck Creek [13-17-18-31, currently classified C, located within subbasin 03-07-12 [HUC: 03040105071 of the Yadkin -Pee Dee River Basin. Page 2 of 7 Permit NCO065749 Part I A. (1 ) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [ 15A, NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning with the permit effective date and lasting until expiration, the Permittee is authorized to discharge treated domestic wastewater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EF LUEHT NCH C�ERI !CS v '+ t A c 1 , EFF ....� UE L[. TO 0 ., �Y.i.t.... ..:�� ..1 ��_. �..: 0 ITO.. G E y `Y ..•�' V�3i� Y,NJ3.+ITin1.$LJ ,l -.•.4 + INohthly' Daily 1 � .Weekly"' Meas�ien ntSampe` , ,a `ample Parameter Code :Average Maximum :average . Frquencjr , 'TypB_ Location Flow 50050 0.10 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 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N - Summer* C0610 0.5 mg/L 2.90 mg/L Weekly Composite Effluent NH3 as N - Winter* C0610 0.5 mg/L 7.15 mg/L Weekly Composite Effluent Dissolved Oxygen 3 00300 Weekly Grab Effluent Fecal Coliform 31616 (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorine 4t5 50060 17 Ng/L 2/Week Grab Effluent Temperature 00010 Daily Grab Effluent pH 6 00400 Weekly Grab Effluent Total Nlfrogen C0600 (NO2 + NO3 + TKN) Quarterly Composite Effluent Total Phosphorus C0665 Quarterly Composite Effluent Total Residual Chlorine 5 50060 Weekly Grab Upstream & Downstream 2 NH3 as N C0610 Weekly Grab Upstream & Downstream2 pH 00400 Weekly Grab Upstream & Downstream2 Temperature 00010 Weekly Grab Upstream & Downstream 2 Dissolved Oxygen 00300 Weekly Grab Upstream & Downstream 2 Fecal Coliform 31616 Weekly Grab Upstream & Downstream z 'Summer. April 1— October 31 *Winter. November 1— March 31 Footnotes: 1. The permittee shall begin submitting discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (3)]. 2. Upstream = approximately 50 feet above the discharge point. Downstream = approximately 500 feet below the discharge point. 3. Effluent daily average dissolved oxygen shall not fall below 6.0 mg/L. 4. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the permit. However, the Permittee shall continue to record and submit Page 3 of 7 Permit NCO065749 all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 5. Total Residual Chlorine monitoring and effluent limit effective only if chlorine compounds are used for disinfection. 6. pH shall not fall below 6.0 nor exceed 9.0 standard units. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS A. (2) PERMIT REOPENER CONDITION: AMMONIA TOXICITY & NUTRIENTS [NCGS 143-215.1 (b)] This permit may be reopened to impose further controls, pH adjustment. or restrictions upon the discharge of ammonia to the receiving stream. Endangered species in the Goose Creek watershed exhibit a high degree of sensitivity to ammonia. Permit modification may be required in order to ensure viable aquatic habitat with regard to instream ammonia concentrations. Studies conducted within the Goose Creek watershed demonstrate episodic events of elevated concentrations of nutrients (nitrogen and phosphorous). High concentrations of nutrients have the potential to create conditions detrimental to overall water quality and the health of aquatic life. Permit modification may be required to include monitoring that will help ascertain the impact of the discharge with respect to instream concentrations of nutrients and to require controls on effluent nutrient concentrations should the discharge be found to be a significant contributor to elevated nutrient levels within the receiving stream. 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. 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. (S.) la)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Page 4 of 7 Permit NCO065749 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. 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 Page 5 of 7 Permit NC0065749 program) that is the designated entity for receiving electronic NPDES data [see 40 CPR 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-ehmination- 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: / / deg. nc. gov f about/ divisions / water -resources / edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.1 [d)j 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: Page 6 of 7 Permit NC0065749 htty://deg.nc.gov/aboutZdivisions/water-resources/­edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 cert�N, 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.11 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 140 CFR 122.41]. Page 7 of 7 CHARLOTTE W4J E R March 28, 2017 Ms. Jennifer Busam (via Federal Express and electronic mail) NCDEQ — Division of Water Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Subject: Charlotte Water Comments on Revised Draft NPDES Permit for Ashe Plantation WWTP (NC0065749); Mecklenburg County, NC Ms. Busam: In a letter dated February 28, 2017, the North Carolina Department of Environmental Quality — Division of Water Resources ("DWR") provided Charlotte Water ("CLTWater') with a revised draft permit for the Ashe Plantation Wastewater Treatment Plant, NCO065749 ("Draft Permit"). This facility is located in Mecklenburg County, North Carolina, and is owned and operated by CLTWater, a department of the City of Charlotte. The purpose of this letter is to provide comments on this Draft Permit. Background The Ashe Plantation Wastewater Treatment Plant ("Ashe WWTP") was purchased by CLTWater on February 23, 2016. Previously, Ashe WWTP was owned and operated by AQUA North Carolina, Inc. CLTWater has assessed the facility and made substantial improvements to further optimize the treatment process at this facility. CLTWater currently monitors this facility seven days per week. Effluent pH is now monitored 5 days per week. CLTWater upgraded several pieces of equipment, including essential pumps and blowers. Future infrastructure investment is also anticipated. During the time that CLTWater has operated this facility, there have been no violations of the Ashe WWTP NPDES permit. Site Specific Water Quality Management Plan for the Goose Creek Watershed Typical limits for similar wastewater treatment facilities are 1.0 mg/L as a monthly average. However, due to rules set forth in15A NCAC 02B Section .0600 et seq. entitled the "Site Specific Water Quality Management Plan for the Goose Creek Watershed (Yadkin Pee -Dee River Basin)" that became effective in 2009, the Ashe WWTP NH3-N permit limits of 0.5 mg/L as a monthly average are among the most stringent in the state. This site specific limit was developed to protect all instream aquatic life including fresh water mussels in the Goose Creek Watershed. Goose Creek is not listed on the State's 303(d) listing of impaired waters. In prior years, it had been listed for fecal coliform and biological impairment. The "Water Quality Management Plan for the Goose Creek Watershed", 15A NCAC 02B .0604, requires both indirect and direct dischargers to meet a limit of 0.5 mg/L of total ammonia or less. There is no technical or statutory basis for the proposed more - restrictive limits in the Draft Permit. Charlotte Water 4222 Westmont Dr, Charlotte, NC 28217 charlottewater.org ,lb Operated by the City of Charlotte Use of EPA's Water Quality Criteria Guidance The State has utilized the EPA's "Aquatic Life Ambient Water Quality Criteria for Ammonia Freshwater- 2013" ("EPA Freshwater Ammonia Guidance")as its basis for establishing the proposed limits for NH3-N in the Draft Permit. This document was published by the EPA and is a technical guidance document for states, territories, and tribes of the United States. Currently, the criteria set forth in this document have not been adopted by the North Carolina Environmental Management Commission ("EMC"). The use of this guidance document, as if it were an adopted NC Water Quality Standard is inappropriate. Proper state rule making procedures must be followed prior to the adoption and implementation of federal guidance. Language taken directly from EPA's Freshwater Ammonia Guidance Fact Sheet reads as follows: "EPA's recommended water quality criteria are not rules, nor do they automatically become part of a state's water quality standards. States must adopt into their standards water quality criteria that protect the designated uses of the water bodies within their area. These can include scientifically defensible site -specific criteria that are different from EPA's national recommended criteria, as long as the site -specific criteria are protective of the designated use. Water quality criteria are not effective under the Clean Water Act until they have been adopted into a state's water quality standards and approved by EPA.' (emphasis added) Improper Implementation of EPA's Guidance In calculating the NH3-N limits in the revised draft permit, the State utilized maximum pH and temperature values from applicable data sets (Summer vs. Winter) spanning 3 years (December 2013 - December 2016). CLTWater disagrees with the method used to calculate appropriate limits. DWR created a worst - case scenario by selecting the most extreme pH and temperature values for utilization in the "Freshwater Ammonia Calculator— Total Ammonia Nitrogen (TAN)" spreadsheet, which was used to determine acute and chronic limits. Upon review of the applicable data, this approach results in overly restrictive and unnecessary limits. Specifically, the proposed Downstream Winter Acute NH3-N permit limit was calculated by DWR using a maximum temperature of 19" C (measured instream), which occurred on 11/06/2015 and again on 12/31/2015. The pH input for this calculation was 8.7 s.u. (measured at the VWI TP effluent), which occurred on 01/19/2016. The two variables used to determine the toxic effects of NH3-N (pH and temperature) occurred approximately 3 weeks apart and at different locations. The highest downstream pH recorded during the time period (7.6 s.u.), should have been used, as opposed to the highest WWTP effluent pH. CLTWater cannot find any applicable guidance that requires the use of this 'worst -case scenario' approach. CLTWater does not understand the scientific approach used to develop the proposed limits. The use of the most extreme data points, occurring on different dates, and at different locations is an invalid representation of what actually occurred instream. Data Limitations In the State's cover letter for the Draft Permit dated 02/28/17 and signed by Ms. Busam, DWR recognizes the fact that there is very little instream data to assess the NH3-N impacts on the Carolina Heelsplitter. In fact, this is the basis for requiring additional instream pH monitoring in the Draft Permit. CLTWater is supportive of this approach, as it will yield a more robust data set for future permit decision -making processes. However, this underscores the fact that the limits currently being proposed are based on very limited data. In the absence of more extensive data and adoption by the EMC of new criteria for ammonia limits, DWR should maintain the current limits, as required in 15A NCAC 02B — Section .0600 "Site Specific Water Quality Management Plan for the Goose Creek Watershed". Charlotte Water 4222 Westmont Dr, Charlotte, NC 28217 tel 704.336.4407 fax 704.336.5077 charlottewater.org tarn Operated by the City of Charlotte ==L Summary According to data collected by Mecklenburg County from January 1, 2010 to March 30, 2016, there have been no instream ammonia levels at the Duck Creek monitoring site (MY14) that have exceeded the U.S. Fish and Wildlife Service recommendations set forth in the Site Specific Water Quality Management Plan for the Goose Creek Watershed . Since CLTWater took control of Ashe Plantation WWTP on February 23, 2016, there have been no ammonia effluent violations. The Goose Creek Basin is no longer listed on the 303(d) list, as a result of the implementation of the Site Specific Water Quality Management Plan. The EPA Freshwater Ammonia Guidance limits have not been formally adopted by the EMC as a NC Water Quality Standard, and the implementation of the EPA guidance document is inconsistent with state rulemaking procedures and is overly restrictive. Additionally, insufficient data is available to make sound scientific permit limit decisions. Based on the limited data available there is no proven scientific basis to determine if this more restrictive limit is appropriate. Furthermore, these proposed limits will not result in additional measureable protection for instream aquatic life. In consideration of the facts presented, CLTWater requests that DWR maintain the current NH3-N permit limits. Charlotte Water appreciates the open and honest communication that is shared between our offices. If you have any questions or require further information concerning this letter please feel free to contact Shannon Sypolt, Water Quality Program Administrator, at (704) 336-4581 or me at (704) 391-5181. Respectfully, A t-"�d c eline A. Jarrell, . E. perations Chief, Environmental Management Division Charlotte Water CC: S. Sypolt, CLTWater J. Nance, CLTWater Charlotte Water 4222 Westmont Dr, Charlotte, NC 28217 tel 704.336.4407 fax 704.336.5077 charlottewater.org Operated by the City of Charlotte gyp, F,y United States Department of the Interior N y a FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 August 31, 2016 Ms. Jennifer Busam North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Ms. Busam: Subject: Comments on Public Notice for Draft NPDES Permit for the Ashe Plantation Wastewater Treatment Plant (NC0065749); Mecklenburg County, North Carolina Log No. 4-2-16-455 The U.S. Fish and Wildlife Service (Service) has reviewed the draft permit provided via email on June 1, 2016. By letter dated June 16, 2016, we provided you our comments on the proposed NPDES permit renewal referenced above. After further review of the literature regarding the negative effects ammonia on mussels, we submit the following additional comments in accordance with the provisions of section 402 of the Clean Water Act; the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, Charlotte Water is proposing to renew National Pollution Discharge Elimination System Program (NPDES) Permit Number NCO065749 to allow 0.100 MGD (monthly average) of treated domestic wastewater from the Ashe Plantation Waste Water Treatment Plant to discharge into Duck Creek, a tributary to Goose Creek and the Rocky River. The proposed monthly average ammonia limitations for this facility are 0.5 mg/L. Proposed daily maximum limits for ammonia are of 2.90 mg/L and 7.15 mg/L in the summer and winter, respectively (Table 1). Table 1. Proposed ammonia limits according to draft NPDES permit for the Ashe Plantation Summer 2.90 0.5 Winter is defined as November 1 —March 31, and summer is defined as April 1 —October 31 according to proposed permit conditions. Protected Species Duck Creek, is a class C waterbody with occurrence records for the federal and state endangered Carolina heelsplitter (Lasmigona decorata). Designated critical habitat for this species is located approximately 0.5 river miles downstream of the facility. Comments and Concerns We wish to reiterate our concerns outlined in our June 16, 2016, letter, that if the proposed NPDES permit is renewed at the present maximum limits for ammonia, discharges of effluent into Duck Creek are likely to result in take of Carolina heelsplitter and adverse modification of its designated critical habitat. If this take and adverse modification of critical habitat cannot be avoided, an incidental take permit may be required under the Act. Adverse modification is any "direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species." Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features. The constituent elements of critical habitat for this species can be found in the Federal Register (July 2, 2002; Vol. 67, No. 127, pp.44501- 44522), and include (i) Permanent, flowing, cool, clean water and (vii) Fish hosts, with adequate living, foraging, and spawning areas. Published literature suggests that the proposed ammonia limits are not adequately protective for the Carolina heelsplitter. Studies show that freshwater mussel glochida and juveniles are more sensitive to ammonia than other species traditionally used to derive water quality standards (Wang et al. 2007). Newton et al. (2003) report mussel mortality at concentrations as low at 0.093 mg/L and significant reduction in growth at levels as low as 0.031 mg(L. Wang et al. (2008) found that mussel sensitivity to ammonia increased with increasing pH. In order to avoid take of a federally listed species, we request that the permit be amended to comply with the EPA's published criteria. The ammonia limits we recommend in Table 2, reflect the EPA recommended limits at max pH and temperature from the previous 3 years of data recorded at the Ashe Plantation Wastewater Treatment Plant. Table 2. Recommended ammonia limits for the Ashe Plantation Wastewater Treatment Plant based on EPA's 2013 Season' Dailv Maximum (mg/L) Monthly Average (mg/L) Winter 0.94 0.23 Summer 1.4 0.34 We also wish to point out that these recommended limits are still higher than the above referenced concentrations where negative effects to mussels have been demonstrated, and limits lower than the EPA standard would be preferable to provide a margin of safety for this species. The Service appreciates the opportunity to provide these comments and looks forward to working with you to address our concerns. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-16-455. Sincerely, C�aanet A. M i z z i Field Supervisor References Newton, Teresa J., et al. "Effects of ammonia on juvenile unionid mussels (Lampsilis cardium) in laboratory sediment toxicity tests." Environmental Toxicology and Chemistry 22.11 (2003): 2554-2560. Wang, Ning, et al. "Acute toxicity of copper, ammonia, and chlorine to glochidia and juveniles of freshwater mussels (Unionidae)." Environmental Toxicology and Chemistry 26.10 (2007): 2036-2047. Wang, Ning, et al. "Influence of pH on the acute toxicity of ammonia to juvenile freshwater mussels (fatmucket, Lampsilis si I iquo idea). "Environmental Toxicology and Chemistry 27.5 (2008): 1141-1146. 3 $-66-1� �uhti 3 furc�C�le� TpJ6 :.A6he Plntajtb LAza'al057115 ,V (0&36SAI (rPO&d Renew''P �) Sha�'� ��� yccr2f LNG w�G> /3r• 'ha �QrLuni� y fz- w) Y�shwafcr Ntufs-Ir aFk�kc/ % p mon flJ CulYe�r �er/�Z�t op/4 C/d her f le cf Nyo,h6 Jjk Afn �lP/�f wakr ��+ ' fr1 Cn tcn6 Gila. 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NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 'T 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 s stem, or those persons directly r'Y responsible for gathering the information, the informal bmitted is, to the best of mg,knowledge and betxef,Jrue, accurate, and co m l aim aware that there are s gni, f cant penalties for suubmitting fW§6 informs ' e :u,�d ng the: pos`szbality o, f fines and imprisonment for knouring rnolations." 5. Records Retention [Supplements $080 n D. (6A The perm ttee shall retain records of all ° ... arge Monitoring orts, including • a eriod of at eDMR submussions. These records or copi �s all b� aintaine :� p ham.. �. � .. P . least 3 years from the date, of there ort. This W may be eaten �.T by request of the Director at any time [40 CFF�41 ] Page 7 of 7 ALAq t 3a, WG S 15am ., c6Q6 Jasun Mans - us�ws- A�uakAfnift da `Ihh-I(O(6 species hsS�q [end fq we 82g-��� ��i3�9 .-xr tt� )mbfl-Mqa L fwS gov wand to Aiscaw�s rat Plmmt un NConsw Remy ,val N( Oqna submuM cWIVYA from_ Pgvon filamsl ad 'cbm t0s - MSO In N>1)tS CIIC 4-uY dx{vlcl N O . 2' Nf slutts Thal �I1e�e Aye pope\onons e� r�Shwatcr m ssdS ups�f�aln lager khan _cicwnst eat mussel po,Vo,hun f OM �ut,\jis it cbw4 b( At -batl l s wilcma heu %06 —90 a1So an k%La. 3) (tAe stales �mmonla poses a prdnlcm fur f eshouW I ussel ocruirmcnr and is 1herefre a (ra)a cwuyn for rnusscl b166lvf(si t� - - y) Mays i,� voq conufned abort an lnWasr in oumNr a( homes of a Warbq Suhdiu'SlOn j_t,p(r)siun Thal wlo as bl O WN W'(S i6 W j,xlSti-n9_I'vo } Gc3holaK) 5) Mays is conce►lW *cj .�G ctdd�hollal honlFs will _cuRhrihlat- h--mn howtanticIPORd tv C60-I l-e a `i (faf iv mole A111mmja mU Wils United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 June 16, 2016 Ms. Jennifer Busam North Carolina Department of Environmental Quality Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Ms. Busam: Subject: Comments on Public Notice for Draft NPDES Permit for the Ashe Plantation Wastewater Treatment Plant (NC0065749); Mecklenburg County, North Carolina Log No. 4-2-16-455 The U.S. Fish and Wildlife Service (Service) has reviewed the draft permit provided via email on June 1, 2016. We submit the following comments in accordance with the provisions of section 402 of the Clean Water Act; the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Proiect Description According to the information provided, Charlotte Water is proposing to renew National Pollution Discharge Elimination System Program (NPDES) Permit Number NCO065749 to allow 0.100 MGD (monthly average) of treated domestic wastewater from the Ashe Plantation Waste Water Treatment Plant to discharge into Duck Creek, a tributary to Goose Creek and the Rocky River. The proposed monthly average ammonia limitations for this facility are 0.5 mg/L. Proposed daily maximum limits for ammonia are of 2.90 mg/L and 7.15 mg/L in the summer and winter, respectively. Protected Species Duck Creek, is a class C waterbody with occurrence records for the federal and state endangered Carolina heelsplitter (Lasmigona decorata). Designated critical habitat for this species is located approximately 0.5 river miles downstream of the facility. Additional conservation priority species in Duck Creek include the federal species of concern and state endangered Carolina creekshell (Villosa vaughniana), and the state -threatened creeper mussel (Strophitus undulatus). Comments and Concerns The Service is concerned about potential direct, indirect, and cumulative impacts to the Carolina heelsplitter that may result from the proposed permit renewal. Discharge of municipal pollutants and wastewater treatment plant effluents are cited as a principle threat to this species (USFWS 1996). According to the Goose Creek NPDES Policy Memo dated January 5, 2001, ammonia limits at existing facilities "will be adjusted according to mass balance calculations to protect for ammonia toxicity." We request that you revise the permitted daily maximum and monthly limits to reflect the Environmental Protection Agency's Aquatic Life Ambient Water Quality Criteria for Ammonia which normalizes total ammonia nitrogen limits for pH and temperature in streams (EPA, 2013). Table 1 shows the ranges of pH and daily maximum temperature at the site according to data from EPA's Enforcement and Compliance History Online website: Table 1. Range of temperature and pH at Ashe Plantation Facility (NC0065749) Season] pH range Max Temp range (C) Winter 7.4-8.7 12-21 Sunnier 7.3 — 8.2 20 — 28 The EPA's most protective Acute Criterion Magnitude limit (analogous to daily maximum ammonia effluent limit) for these pH and temperature ranges is 0.94mg/L for winter and 1.4mg/L for summer (EPA, 2013 pp 44 — 49). Additionally, the EPA's most protective Chronic Criterion Magnitude limit (analogous to monthly average ammonia effluent limit) for these pH and temperature ranges is 0.23mg/L for winter and 0.34 mg/L for summer. The Service requests that the North Carolina Division of Water Resources (NCDWR) fully consider the EPA's 2013 criteria to develop more protective ammonia effluent limits that will reduce the probability of take and/or adverse modification of designated critical habitat for the Carolina heelsplitter. The Service is also concerned about the proposed weekly monitoring schedule for several effluent characteristics that have daily maximum limits (e.g. total suspended solids, ammonia, dissolved oxygen, fecal coliform, etc.). We are aware of Title 15A of North Carolina Administrative Code (subchapter 02B, section 0508) that outlines the monitoring frequency for wastewater discharge facilities of this Class. However, we are concerned that the proposed weekly monitoring schedule for effluent characteristics is not frequent enough to accurately characterize a daily limitation, and may overlook departures from daily maximum limits that are biologically significant for the survival of Carolina heelsplitter and other natural resources. We request that the permit conditions provide for more frequent monitoring of effluent dissolved oxygen and ammonia to ensure that daily limits are not exceeded. According to the EPA's Enforcement and Compliance History Online website, this plant has experienced excursions from permitted standards for dissolved oxygen and nitrogen (as total ammonia). These events occurred at approximately 50-70% of the 0.1 MGD permitted discharge allowance. The Service is aware of at least one proposed residential development (approximately Winter is defined as November 1 —March 31, and summer is defined as April 1 —October 31 according to proposed permit conditions. 61 additional homes) that would rely on this plant for wastewater treatment in the future. Additional wastewater from these homes may increase the potential for future violations that are detrimental to Carolina heelsplitter and other natural resources in Duck Creek. We encourage Charlotte Water to pursue an alternative water sanitation system that would not discharge into Duck Creek. A recent study shows that of 59 wadeable Piedmont streams in the southeastern United States, Goose Creek ranks among the highest for number of pharmaceutical constituents detected, and also for cumulative concentrations of those chemicals in water samples (Bradley et al. 2016). The proposed permit does not include effluent limitations or monitoring for contaminants that originate from pharmaceuticals which can be endocrine disruptors, toxicants, and/or immunomodulators for Carolina heelsplitter and other natural resources. The Service encourages the NCDWR to monitor pharmaceutical -derived pollution discharged from this facility and investigate remedial measures as needed to prevent further water quality degradation. The Service appreciates the opportunity to provide these comments and for your consideration of our concerns. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-16-455. Sincerely, - - original signed - - Janet A. Mizzi Field Supervisor References U.S. Fish and Wildlife Service. 1996. Carolina Heelsplitter Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, GA. 30 pp. Mummert, A.K., Neves, R.J., Newcomb, T.J. and Cherry, D.S., 2003. Sensitivity of juvenile freshwater mussels (Lampsilis fasciola, Villosa iris) to total and un-ionized ammonia. Environmental Toxicology and Chemistry,22(11), pp.2545-2553. Goudreau, S.E., Neves, R.J. and Sheehan, R.J., 1993. Effects of wastewater treatment plant effluents on freshwater mollusks in the upper Clinch River, Virginia, USA. Hydrobiologia, 252(3), pp.211-230. Paul M. Bradley, Celeste A. Journey, Daniel T. Button, Daren M. Carlisle, Jimmy M. Clark, Barbara J. Mahler, Naomi Nakagaki, Sharon L. Qi, Ian R. Waite, and Peter C. VanMetre. 2016. Metformin and Other Pharmaceuticals Widespread in Wadeable Streams of the Southeastern United States. Environmental Science & Technology Letters. 3(6), 243-249 DOI: 10.1021 /acs. estlett.6b00170 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Jennifer Busam, NPDES Permitting Division of Water Resources FROM: Shari L. Bryant, Western Piedmont Coordinator Habitat Conservation Division DATE: 10 June 2016 SUBJECT: NPDES Permit Renewal for Charlotte Water, Ashe Plantation WWTP, Mecklenburg County, NPDES Permit No. NC0065749 Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject document. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e), and North Carolina General Statutes (G.S. 113-131 et seq.). Charlotte Water has applied for a renewal of its NPDES permit to discharge 0.100 MGD of treated domestic wastewater from an extended -aeration package treatment plant. The facility uses ultraviolet disinfection and back up chlorine contact chamber with tablet -type chlorination and dechlorination. According to the EPA's Enforcement and Compliance History Online the facility has been in compliance with its permit limits since October of 2014. In mid-2014, it appears the facility exceeded permit limits for ammonia and dissolved oxygen. Wastewater is discharged to Duck Creek in the Yadkin -Pee Dee River basin. There are records for the federal and state endangered Carolina heelsplitter (Lasmigona decorata), the federal species of concern and state endangered Carolina creekshell (Villosa vaughaniana), and the state threatened creeper (Strophitus undulatus) in Duck Creek. Should the permit be renewed, we offer the following comments and recommendations to minimize impacts to aquatic resources in Duck Creek. l . Due to the presence of Carolina heelsplitter and other state listed species downstream of the discharge it is imperative the facility remains in compliance with its permit limits. Ammonia is of particular concern because freshwater mussels are among the most sensitive aquatic organisms tested for impacts from ammonia. 2. We are pleased to see the facility uses ultraviolet disinfection; however, the draft permit indicates chlorine/dechlorination may be used as back-up disinfection. If chlorine is used, it should be Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 10 June 2016 Ashe Plantation W WTP NPDES Permit No. NCO065749 monitored closely and reported. Chlorine is acutely toxic to aquatic organisms and can form secondary compounds that are detrimental to aquatic life. Valenti (2006) concluded the impact of long term exposure to low doses of chlorine may impact juvenile mussels and reduce the chance of them being recruited to the reproducing population. 3. Although the discharge is small, it is unclear the instream waste concentration during low -flow conditions. We request the Division of Water Resources (DWR) continue to evaluate stream flow and waste assimilation/dilution needs associated with this discharge. When stream flow is low due to drought conditions we request DWR consider revising permit limits so water quality standards are met at the end -of -pipe discharge points. 4. If a publicly owned treatment works and collection system becomes available, we recommend connecting to that system immediately: 5. Studies have shown pharmaceuticals and personal care products (PPCP) and endocrine disrupting compounds (EDC) in municipal wastewater effluent can cause adverse physiological effects to freshwater mussels (Bouchard et al. 2009, Bringolf et al. 2010, Gagn6 et al. 2011a, Gagn6 et al. 201 lb). Again, although the discharge is small, it is unclear the instream waste concentration during low -flow conditions. Due to the presence of Carolina heelsplitter and other state listed species in Duck Creek, we ask DWR to consider studies to document PPCP and EDC levels in the wastewater discharge. If increased PPCP or EDC levels are found, then consider implementing measures to reduce or eliminate PPCP or EDC from wastewater prior to discharge. 6. If not already in place, we suggest the installation of a stand-by power system. Thank you for the opportunity to comment on this permit renewal. If we can be of further assistance, please contact our office at (336) 449-7625 or shari.brvantAncwildlife.ore. Literature cited Bouchard, B., F. Gagn6, M. Fortier, and M Fournier. 2009. An in -situ study of the impacts of urban wastewater on the immune and reproductive systems of the freshwater mussel Elliptio complanata. Comparative Biochemistry and Physiology Part C: Toxicology and Pharmacology 150(2):132-140. Bringolf, R.B., R.M. Heltsley, J.T. Newton, C.B Eads, S.J. Fraley, D. Shea, W.G. Cope. 2010. Environmental occurrence and reproductive effects of the pharmaceutical fluoxetine in native freshwater mussels. Environmental Toxicology and Chemistry 29(6):1311-1318. Gagn6, F., C Andr6, P. Cejka, R. Hausler, and M Fournier. 2011a. Evidence of neuroendocrine disruption in freshwater mussels exposed to municipal wastewaters. Science of the Total Environment 409(19):3711-3718. Gagn6, F., C Andr6, P. Cejka, R. Hausler, and M Fournier. 201 lb. Alterations in DNA metabolism in Elliptio complanata mussels after exposure to municipal effluents. Comparative Biochemistry and Physiology Part C: Toxicology and Pharmacology 154(2):100-107. Valenti, T.W., D.S. Cherry, R.J. Currie, R.J. Neves, J.W. Jones, R. Mair, and C.M. Kane. 2006. Chlorine toxicity to early life stages of freshwater mussels (Bivalvia: Unionidae). Environmental Toxicology and Chemistry, 25(9):2512-2518. ec: T.R. Russ, NCWRC Byron Hamstead, USFWS Ashe Plantation (NC0065749) and Oxford Glen (NC0063584) Permit Renewal Information Goose Creek Watershed — Mecklenburg County, North Carolina Background In 2006, the Southern Environmental Law Center (SELC), on behalf of the North Carolina Wildlife Federation and Central Piedmont Group of the NC Sierra Club, filed a complaint against the N.C. Division of Water Quality (NCDWQ) claiming that the Phase II Stormwater Permits issued to jurisdictions in the Goose Creek watershed, including Mecklenburg County (NCS000395), were inadequate at reducing discharges of pollutants to the maximum extent practicable thus affording inadequate protection of the Federally endangered Carolina heelsplitter mussel. In his decision regarding this complaint dated October 13, 2006, Fred G. Morrison Jr., Senior Administrative Law Judge, ruled in favor of the SELL. In this decision, the NCDWQ was informed to reissue the Permits in the Goose Creek watershed to incorporate the U.S. Fish & Wildlife Service (USFWS) determinations of measures necessary to protect the habitat for the Carolina heelsplitter. Among these measures were buffer requirements, built -upon thresholds for requiring structural stormwater controls, and the following water quality standards. Constituent Chronic Standard Acute ,Standard Phosphorus 0.1 mg/L Nitrate -nitrite 0.4 mg/L Copper 2.2 ug/L 3.6 ug/L Ammonia 0.5 mg/L 1.75 mg/L The N.C. Environmental Management Commission (EMC) complied with this decision by taking the following actions: 1. On June 30, 2007, the Stormwater Permits in the Goose Creek watershed were reissued to include USFWS's measures for buffers and stormwater controls. However, the EMC decided not to include in the revised Permit the water quality standards described in the table above because including such a requirement in a Stormwater Permit would be unprecedented and also because it was determined by State staff that the strict requirements for buffers and stormwater controls were adequate to meet the standards. 2. In February 2009, the EMC adopted the Site Specific Water Quality Management Plan for the Goose Creek Watershed (15A NCAC 2B .0600 - .0609), which specifies in subsection .0604 that for any direct or indirect discharge that may cause ammonia toxicity to the Carolina heelsplitter, action shall be taken to reduce ammonia inputs to achieve 0.5 milligrams per liter or less of total ammonia based on chronic toxicity defined in 15A NCAC 02B .0202. However, the EMC did not include water quality standards for phosphorus, nitrate -nitrite and copper. In response to concerns for the protection of habitat for the heelsplitter, the Mecklenburg County Storm Water Services (MCSWS) developed and implemented the Goose Creek Watershed Management Plan effective October 31, 2009. This Plan includes the water quality standards recommended by the USFWS. The implementation of this Plan includes ongoing water quality monitoring activities as a measure of success. The results from monitoring performed downstream of the Ashe Plantation and Oxford Glen Wastewater Treatment Plant on December 9, 2015, February 10, 2016, and March 9, 2016, indicate that results for parameters of interest significantly exceed the standards recommended by the USFWS, except for the ammonia and standard. Purpose The purpose of this document is to present monitoring data for consideration as part of the NPDES permit renewal process for the Ashe Plantation (NC0065749) and Oxford Glen (NC0063584) Wastewater Treatment Plants (WWTPs). Both of these WWTPs discharge to surface waters located in the Goose Creek Watershed in southeastern Mecklenburg County, primarily within the town limits or extraterritorial jurisdiction of Mint Hill, NC. The Goose Creek Watershed has been of particular interest to MCSWS since it is designated as critical habitat for the federally endangered Carolina Heelsplitter Mussel, and due to North Carolina 303(d) listings for fecal coliform bacteria and impaired biological integrity. In response to these issues, MCSWS has developed and implemented the Goose Creek Watershed Management Plan to prevent further surface water degradation and destruction of Heelsplitter habitat, and has developed and implemented a Water Quality Recovery Plan to address fecal coliform impairment. To support these initiatives, MCSWS has established monitoring locations within the watershed to observe both short and long-term trends in overall surface water quality. These monitoring types include monthly fixed interval monitoring for physical and chemical parameters, annual monitoring of benthic macroinvertebrates including habitat assessment, and fish community monitoring on a five-year rotation. The following monitoring summaries highlight some of the notable observations in the data collected. Monthly Fixed -Interval Sampling — Physical Parameters MCSWS performs monthly fixed interval monitoring at site # MY14 below the Ashe Plantation WWTP (see Figure 1) and at MY9 below the Oxford Glen WWTP (see Figure 2). While cold water temperatures usually lead to elevated Dissolved Oxygen (DO), in February 2016, Goose Creek and Duck Creek had the highest DO and pH values of all 36 sites visited on our monthly sampling run. Duck Creek's DO value was the highest observed in 8 years of monthly sampling (18.15 mg/L) at this location. In March 2016, these sites were again among the highest DO and pH values. Duck Creek's pH value was the highest observed in 8 years of monthly sampling (9.49 SU) at this location. These values suggest nutrient enrichment is having a strong influence on the water chemistry in these streams. A third site, also in the Yadkin River Drainage, which is downstream of a golf course, is included for comparison (MY7B, McKee Creek at Reedy Creek Road). Site Creek Date Time Temp DO MY 14 Duck 2/10/2016 11:40 4.49 18.15 8.32 MY9 Goose 2/10/2016 10:30 3.92 16.56 7.88 MY713 T McKee 2/10/2016 8:50 3.51 12.88 7.14 MY14 Duck 3/9/2016 12:05 15.03 16.91 9.49 MY9 Goose 3/9/2016 10:20 13.05 14.09 8.62 MY713 McKee 3/9/2016 9:00 11.79 10.36 7.81 Highest ever observed at sampling location In addition, monthly sampling has also revealed high conductivity readings, especially mid- summer, in Duck Creek. Values regularly exceed 700 us/cm. Monthly Fixed -Interval Sampling - Chemical Parameters Long term monthly sampling (all flow conditions) shows low compliance in both Duck Creek and Goose Creek with three of the standards set forth in the Goose Creek Watershed Recovery Plan, which were recommended by the US Fish and Wildlife Service. The most sensitive parameter, ammonia, does show 100% compliance in both creeks. Constituent Chronic Standard Acute Standard Duck - MY14 (1/1/2010 - 3/30/16: compliance with USFWS recommendations) Goose - MY9 (1/1/2010 - 3/30/16: compliance with USFWS recommendations) 1.3% 60% Phosphorus 0.1 mg/L (1/76 samples) (45/75 samples) 5.3% 14.7% Nitrate -nitrite 0.4 mg/L (4/76 samples) (11/75 samples) 26.3 % 58.7 % Copper 2.2 ug/L 3.6 ug/L (20/76 samples) (44/75 samples) 100.0% 100.0% Ammonia 0.5 mg/L 1.75 mg/L (71/71 samples) (71/71 samples) Additional sampling above the wastewater treatment plants shows concentrations of these parameters which are below the standards recommended by USFWS, while samples taken downstream of the WWTPs' effluent discharge points are elevated, and some exceed those standards as indicated in "red" in the tables below. Constituent Chronic Acute MY14 Standard Standard Upstream Ashe MY 9 Detection Limit Plantation (Downstream) No Sample 12/9/15 12/9/15 12/9/15 Phosphorus 0.1 mg/L 0.01 or0.10 0.047 mg/L 0.21 mg/L 0.046 mg/L mg/L Nitrate -nitrite 0.4 mg/L 0.05 mg/L ND 1.7 mg/L No Sample 0.79 mg/L Copper 2.2 ug/L 3.6 ug/L 2.0 ug/L ND 2.1 ug/L ND Ammonia 0.5 mg/L 1.75 mg/L 0.1 mg/L ND ND ND Constituent Chronic Acute Upstream Ashe MY14 Upstream Downstream MY 9 Standard Standard Detection Limit Plantation (Downstream) Oxford Glen Oxford Glen 2/10/16 2/10/16 2/10/16 2/10/16 2/10/16 Phosphorus 0.1 mg/L 0.01 or0.10 0.025 mg/L 0.28 mg/L 0.022 mg/L 0.081 mg/L 0.024 mg/L mg/L Nitrate -nitrite 0.4 mg/L 0.05 mg/L 0.29 mg/L 2.5 mg/L 0.35 mg/L 0.87 mg/L 0.71 mg/L Copper 2.2 ug/L 3.6 ug/L 2.0 ug/L ND 2.1 ug/L ND 2.4 ug/L ND Ammonia 0.5 mg/L 1.75 mg/L 0.1 mg/L ND ND ND ND ND Constituent Chronic Acute Upstream Ashe MY14 Upstream Downstream Standard Standard Detection Limit Plantation (Downstream) Oxford Glen Oxford Glen MY 9 3/9/16 3/9/16 3/9/16 3/9/16 3/9/16 Phosphorus 0.1 mg/L 0.01 or0.10 0.010 mg/L 0.21 mg/L 0.012 mg/L 0.13 mg/L 0.024 mg/L mg/L Nitrate -nitrite 0.4 mg/L 0.05 mg/L ND 1.0 mg/L 0.34 mg/L 1.2 mg/L 0.47 mg/L Copper 2.2 ug/L 3.6 ug/L 2.0 ug/L ND ND ND 2.4 ug/L ND Ammonia 0.5 mg/L 1.75 mg/L 0.1 mg/L ND ND ND ND ND Biological Sampling.— Fish Community The fish community in Duck Creek declined significantly in 2015, when the site scored an NC IBI value of 32 (Poor) in contrast to the previous 48 (Good) in 2011. The last fish sampling conducted by Mecklenburg County on Goose Creek was in 2013, where the site scored 46 (Good -Fair), which was a decline from the previous score of 52 (Good) in 2009. Site Creek Date NCIBI Rating MY14 Duck 9/30/2011 48 Good MY14 Duck 05/12/2015 32 Poor MY9 Goose 09/10/2009 52 Good MY9 Goose 10/01/2013 46 Good -Fair Biological Sampling - Benthic Community The benthic community in Duck Creek also declined significantly in 2015, when the site scored an NCBI value of 7.17 (Poor) compared to the previous 5 years of sampling data, which ranged from 5.99 to 6.59 (Fair). This was largely due to a decrease in Mayfly species (1 found in 2015, compared to 5 in 2014) and an increase in snail species (5 found in 2015, compared to 2 in 2014). No Corbicula were found at the site in 2015, but, previously, Corbicula was found in 4 of the 5 prior sampling years. Only 5 EPT species were found, in contrast to previous years when 8 to 10 EPT species were found. Field staff noted dense green filamentous algae at the sampling location in 2015. Goose Creek was found to have a similar benthic community as prior sampling years, scoring Fair, with 10 EPT species found in 2015. Site Creek Date Total Taxa NCBI EPT Taxa EPT Count Total Count CompClass BioClass MY14 Duck Creek 8/16/20I0 30 6.59 8 82 184 Fair Fair MY14 Duck Creek 1 7/8/2011 43 5.95 1 10 283 1 496 Fair Fair MY14 Duck Creek 7/11/2012 34 6.06 10 185 1 298 1 Fair I Fair MY14 Duck Creek 7/19/2013 38 1 5.88 1 8 1 168 1 287 1 Fair I Fair MY 14 Duck Creek 1 7/2/2014 42 1 6.36 1 10 1 47 1 201 1 Fair I Fair MY14 Duck Creek 7/20/2015 31 7.17 1 5 1 53 1 242 1 Poor Poor MY9 I Goose Creek 7/21/2006 40 6.46 1 12 1 256 1 408 1 Fair Fair MY9 Goose Creek 7/27/2007 55 6.72 1 9 106 1 254 1 Fair I Fair MY9 I Goose Creek 1 8/8/2008 57 6.51 15 118 1 339 1 Fair Fair MY9 Goose Creek 7/10/2009 55 6.33 9 107 1 247 1 Fair I Fair Site Creek Date Total Taxa NC131 I_TT I'asa I P't Count Total Count CompClass BioC lass MY9 (Goose Creek 7/9/2010 35 6.43 10 224 312 Fair Fair MY9 Goose Creek 7/22/2011 53 6.34 12 140 260 Fair Good -Fair MY9 Goose Creek 9/17/2012 42 1 6.99 1 8 1 74 1 232 1 Fair I Fair MY9 Goose Creek 8/16/2013 52 6.52 1 11 215 453 Fair Fair MY9 I Goose Creek 8/27/2014 59 6.59 1 11 85 374 Fair I Fair MY9 I Goose Creek 1 9/1/2015 37 6.23 1 10 98 213 Fair I Fair Conclusions Surface water data collected from locations downstream of the Ashe Plantation and Oxford Glen WWTPs indicate that USFWS recommended standards for phosphorous, nitrate -nitrite, and copper are routinely exceeded. Ammonia, which is most critical to Heelsplitter survival, has not been observed to exceed chronic or acute standards. Limited data collected upstream of the WWTPs, indicate that instream concentrations for the constituents of concern are consistently below the standards recommended by the USFWS. Bioassessment in 2015 shows unusually poor benthic macroinvertebrate and fish communities in Duck Creek, which may be a result of increased nutrient loads and their effects on water chemistry. Figure 1 , Goose Creek N t-•shy=) ' ' Duck Creek l s-,ed S is r hiY14-0ownstream R i_ 'r Ashe Plantation WWTP fi lT s ' is ✓t '1 MY14A Upstream # "r�i� tom. wi�r r.� is r�vrr MJ b' • ' ( L � ,'r t 'q�, yr r y 'T• ter in�}�'a :'`rYr r hJ � '� �1 [rr 1 � iJ./ - ��{� yY+ Z• �' i ��,�`yi � � k�61+"rAl'dv y/ o r• A�3 , y 4 N �` w» r a y e t : N '".l n i I 'y n y f ., M ';. � KT;r..,•.y fi r` t,�sr 1 �. k ® Wastewater Treatment Plant (WWTP) Approximate Sam Plin 9 Locations -.�-- Stream Centerline WWiP Parcel Watershed Boundary C3Mecklenburg County Boundary ,,.,,'.: SCALE: DATE: WATER • DockCreek SamplingNot to Scale 02016 Loratioas Ma aRm Goose Creek�l'atesskea i•r.irst Mecklenburg County, NC . f�� riff �.,71� �• 'FF. - _� • Busam, Jennifer d From: Busam, Jennifer d Sent: Thursday, June 02, 2016 9.42 AM To: 'Hamstead, Byron' Subject: RE: NPDES Draft Permits: Ashe Plantation and Oxford Glen Byron, For question 1, monitoring frequency is determined by facility type (4952 Wastewater and all facilities discharging primarily domestic wastewater). Both Ashe Plantation and Oxford Glen are Class II within this 4952 group. The frequencies outlined in the rules can be found here in 15A NCAC 02B .0508 (d). For question 2, an additional 61 homes is not considered a new expansion since the facility is not proposing to increase treatment plant hydraulic capacity (0.1 MGD). See details on new here in 15A NCAC 02H .0103 (16). For 61 houses at an estimate of 5 bedrooms each (120 GD per bedroom found in the rules here) , we can estimate the contribution of flow would be 0.0366 MGD. With these 61 home additions added to their current flow average from 2014-2016, they do not exceed their current flow permit limit of 0.1 MGD. The Goose Creek site specific water quality management plan for the Goose Creek Watershed: Control Toxicity Including Ammonia can be found here in 15A NCAC 02B .0604. Please let me know if I can be of further assistance. Sincerely, From: Hamstead, Byron [mailto:byron_hamstead@fws.gov] Sent: Wednesday, June 01, 2016 3:54 PM To: Busam, Jennifer d <Jennifer.Busam@ncdenr.gov> Subject: Re: NPDES Draft Permits: Ashe Plantation and Oxford Glen Many thanks for passing those draft permits along Jennifer. I had a chance to look them over this afternoon and have a couple questions: 1) There are daily maximum limits for several effluent characteristics, yet the proposed monitoring frequency is weekly for most of them. I am not familiar with how these criteria are monitored; how can weekly monitoring capture possible excursions of a daily limit? 2) I am aware of the 2001 Goose Creek NPDES Policy Memo that prohibits new or expanding wastewater dischargers. On the phone, I mentioned a residential development that proposes to tie an additional 61 homes into the Ashe Plantation WWTP. Would this constitute an "expansion" of that facility? That facility has had compliance issues for DO and NH3 in the past at approx 50-75% of their permitted discharge capacity. Thanks for your help, Byron Byron Hamstead Fish and Wildlife Biologist USFWS Asheville Field Office 160 Zillicoa St., Suite B Asheville, NC, 28801 828-258-3939 ext. 225 This email correspondence an any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third parties. On Wed, Jun 1, 2016 at 11:33 AM, Busam, Jennifer d <Jennifer.Busaman= ov> wrote: Byron, The drafts for the two NPDES permits of interest are attached (Ashe Plantation NC0065749 .and Oxford Glen NC063584 ). The comment period is for 30 days after the notices are published in the local newspaper. Both of these notices were sent to notice on May 18, however the public comment period may differ slightly depending on publish date. I believe they were published in the Charlotte Observer on May 19, marking June 18'' as the last day for public comment. These dates are tentative pending the official advertising affidavit receipt. Please let me know if you have any more questions. 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 anncdenr 4ov 1617 Mail Service Center 2 Busam, Jennifer d • a � U I From: Hamstead, Byron <byron_hamstead@fws.gov> Sent: Wednesday, June 01, 2016 3:54 PIA To: Busam, Jennifer d Subject: Re: NPDES Draft Permits: Ashe Plantation and Oxford Glen Many thanks for passing those draft permits along Jennifer. I had a chance to look them over this afternoon and have a couple questions: 1) There are daily maximum limits for several effluent characteristics, yet the proposed monitoring frequency is weekly for most of them. I am not familiar with how these criteria are monitored; how can weekly monitoring capture possible excursions of a daily limit? 2) I am aware of the 2001 Goose Creek NPDES Policy Memo that prohibits new or expanding wastewater dischargers. On the phone, I mentioned a residential development that proposes to tie an additional 61 homes into the Ashe Plantation WWTP. Would this constitute an "expansion" of that facility? That facility has had compliance issues for DO and NH3 in the past at approx 50-75% of their permitted discharge capacity. Thanks for your help, Byron Byron Hamstead Fish and Wildlife Biologist USFWS Asheville Field Office 160 Zillicoa St., Suite B Asheville, NC, 28801 828-258-3939 ext. 225 This email correspondence an any attachments to and from this sender is subject to the Freedom of Information Act and may be disclosed to third parties. On Wed, Jun 1, 2016 at 11:33 AM, Busam, Jennifer d <Jennifer.Busam(a).ncdenr.gov> wrote: Byron, The drafts for the two NPDES permits of interest are attached (Ashe Plantation NCO065749 and Oxford Glen NC063584 ). The comment period is for 30 days after the notices are published in the local newspaper. Both of these notices were sent to notice on May 18, however the public comment period may differ slightly depending on publish date. I believe they were published in the Charlotte Observer on May 19, marking June 18' as the last day for public comment. These dates are tentative pending the official advertising affidavit receipt. Monhodip Data ham 12/2013-12/2016 Reference Example Oxford Glen W WTP Downstream Summer NCD063584 Downstream Winter Ashe Plantation W WrP Downstream Summer NCO065749 Downstream Winter Equations' Freshwater Ammonia Calculator —Total Ammonia Nitrogen (TAN) MAX Values TEMP'C PH Chronic CCC ImgTAN/Lf Current Limit ManthlyAVG(mgAl Acute CMC(MRTM/Lf Current Limit Daily Max(mgn) 20 7 1.987 16.760 25 7.9 0.647 C 0.50D 3.108 2.90 20 8 0.777 0.50 3.904 7.15 27 8.2 0.365 0.50 2.489 2.90 19 8.7 0.265 0.50 1.112 7.15 CCC. aM6 x( t+10 . -vx 0.0.+ 1.1994 1+y x(2126x 101°exe`no-wsm+0 1 ram' 0.0114 1.6181 CMC(Omrarhy has sPP. a6smt)-0.720 x T+—i r-ex+1+l,,- x MIN(51.93,23.12 x 10e° Caa-n) O Limit based on data evaluation 2/22/2017 change from last permit Instmctions:This spreadsheet automatically calculates freshwater acute and chronic criteria for ammonia in the farm Of Total Ammonia Nitrogen (TAN). The user must enter site -specific pH and temperature. The example here Is based on a temperature Of 20'C and a pH Of 7 and assumes salmonids or sensitive Coldwater species are not present for the CMC calculation. Notes r source: Aquatit We Amblenl Water Quality Criteria for Ammonla. Freshwater 2013, EPA 822-R-13-001 April 2013 a PH values only monitored at the Effluent oudall s CC4-Chronic Criterion Magnitude (Temperature uM pH-0ependent) og.46,491 `cMC Acute criterion Magntude where Ontorhynchus species am absent (pg.42,45)t NH3ITRC WLA Calculations Facility: Ashe Plantation WWTP PermitNo. NCO065749 Prepared By: Jennifer Busam Enter Design Flow (MGD): 0.1 Enter s7Q10 (cfs): 0 Enter w7Q10 cfs : 0 Total Residual Chlorine (TRC) Daily Maximum Limit (ug/1) Ammonia (Summer) Monthly Average Limit (mg NH3-N/1) s7Q10 (CFS) 0 s7Q10 (CFS) 0 DESIGN FLOW (MGD) 0.1 DESIGN FLOW (MGD) 0.1 DESIGN FLOW (CFS) 0.155 DESIGN FLOW (CFS) 0.155 STREAM STD (UG/L) 17.0 STREAM STD (MG/L) 1.0 Upstream Bkgd (ug/1) 0 Upstream Bkgd (mg/I) 0.22 IWC (%) 100.00 IWC (%) 100.00 Allowable Conc. (ugll) 17 Allowable Conc. (mg/1) 1.0 Ammonia (Winter) Monthly Average Limit (mg NH3-N/1) Fecal Coliform w7Q10 (CFS) 0 Monthly Average Limit: 2001100ml DESIGN FLOW (MGD) 0.1 (If DF >331; Monitor) DESIGN FLOW (CFS) 0.155 (If DF<331; Limit) STREAM STD (MG/L) 1.8 Dilution Factor (DF) 1.00 Upstream Bkgd (mg/1) 0.22 IWC (%) 100.00 Allowable Conc. (mg/1) 1.8 Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/I, Monitor Only 2. Monthly Avg limit x 3 = Weekly Avg limit (Municipals); capped at 35 mg/I 3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis); capped at 35 mg/I Fecal Coliform 1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni) 11 TMDLs A TMDL or Total Maximum Daily Load is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL provides a detailed water quality assessment that provides the scientific foundation for an implementation plan. An implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain human uses or aquatic life. Plan implementation is usually voluntary. The development of TMDL implementation plans is often the best method to improve water quality. The following TMDLs have been completed in the Rocky River watershed and should be adopted by all residents and local governments within the watershed. TABLE 5-6. FINALIZED TMDLs IN THE ROCKY RIVER WATERSHED WATERBODY POLLUTANT FINAL TMDL DATE LINK McKee and Clear Creeks Fecal Coliform August 1, 2003 Final TMDL Rocky River Fecal Coliform September 19, 2002 Final TMDL Goose Creek Fecal Coliform July 8, 2005 Final TMDL Threatened 8 Endangered Species The Goose Creek tributary is home to the Federally Endangered Carolina Heelsplitter Mussel. DWQ has been required by Rule 15A NCAC 2B .0110 to develop site -specific management strategies for waters providing habitat for federally - listed threatened and endangered aquatic animal species. In order to meet the requirement to maintain and restore the water quality of the Goose Creek watershed for the Carolina Heelsplitter freshwater mussel, DWQ has drafted rule Language to meet this goal. Several state and federal agencies prepared written draft technical recommendations for DWQ to consider in its final recommendations. DWQ has written an explanation of its proposed rule language in the report entitled "Report on Water Quality Recommendations in the Site -Specific Management Strategy for the Goose Creek Watershed". The proposed rule Language is included in that report. See http://h2o.enr.state.nc.us/csu/GooseCreek.html for more information. Inter -Basin Transfers The rapid population growth discussed above has also led to an urgent need to identify and develop new water sources for the communities in the Rocky River watershed. One option for increasing the local water supply is to transfer water from neighboring basins. In 1993, the Legislature adopted the Regulation of Surface Water Transfers Act (G.S. 143-215.221). The intention of the law is to regulate large surface water transfers between river basins by requiring a certificate from the Environmental Management Commission (EMC). In general, a transfer certificate is required for a new transfer of 2 million gallons per day (MGD) or more and for an increase in an existing transfer by 25 percent or more, if the total including the increase is 2 MGD or more. However, if a transfer facility existed or was under construction on July 1, 1993, a certificate is not required up to the full capacity of that facility to transfer water, regardless of the transfer amount. p' The following links lead to specific details about the two inter -basin transfer certificates currently issued for the Rocky oRiver watershed. Charlotte -Mecklenburg Utilities is currently pursuing a revised certificate that could allow additional U water transfers into the Goose Creek portion of the Rocky River watershed. Additional transfer certificates are likely in z the future as the region continues to grow and the demand for water increases. Charlotte -Mecklenburg Utilities (CMUD) 0. A 33 MGD transfer from the Catawba River basin to the Rocky River basin. Cities of Concord and Kannopolis A transfer to the Rocky River basin of 10 MGD from the Catawba River basin and 10 MGD from the Yadkin River basin. Issues surrounding inter -basin transfers to the Rocky River watershed are complex and controversial. At a minimum, the natural flow of water through the landscape is altered and impacts aquatic communities. Depending on the size of the transfer, the impacts can be significant on both the source and receiving streams. At the regional level, inter - basin transfers facilitate higher density development and support a larger human population. As discussed in the population section above, this urban expansion can bring a suite of additional water quality concerns including habitat 10 United States Office of Water EPA 822-R-13-001 A Environmental Protection 4304T V Kv wir EPA Agency April 2013 AQUATIC LIFE AMBIENT WATER QUALITY CRITERIA FOR AMMONIA - FRESHWATER 2013 Table 5b. Temperature and pH -Dependent Values of the CMC (Acute Criterion Magnitude) — Oncorhynchus spp. Absent. Temperature (IC) pH 0-10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 6.5 6.6 6.7 6.8 6.9 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 9.0 45 Table 5a. Temperature and pH -Dependent Values of the CMC (Acute Criterion Magnitude) - 4ncorhynchus spp. Present. Temperature (°C) PH 0-14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 R 6.5 6.6 6.7 6.8 6.9 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 9.0 33 33 32 29 27 25 23 21 19 18 16 15 14 13 12 11 9.9 31 31 30 28 26 24 22 20 18 17 16 14 13 12 11 10 9.5 30 30 29 27 24 22 21 19 18 16 15 14 13 12 11 9.8 9.0 28 28 27 25 23 21 20 18 17 15 14 13 12 11 10 9.2 8.5 26 26 25 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 7.9 24 24 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 8.0 7.3 22 22 21 20 18 17 15 14 13 12 11 10 9.3 8.5 7.9 7.2 6.7 20 20 19 18 16 15 14 13 12 11 9.8 9.1 8.3 7.7 7.1 6.5 6.0 18 18 17 16 14 13 12 11 10 9.5 8.7 8.0 7.4 6.8 6.3 5.8 5.3 15 15 15 14 13 12 11 9.8 9.0 8.3 7.7 7.0 6.5 6.0 5.5 5.1 4.7 13 13 13 12 11 10 9.2 8.5 7.8 7.2 6.6 6.1 5.6 5.2 4.8 4.4 4.0 11 11 11 10 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5 9.6 9.6 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5 3.2 3.0 8.1 8.1 7.9 7.2 6.7 6.1 5.6 5.2 4.8 4.4 4.0 3.7 3.4 3.2 2.9 2.7 2.5 6.8 6.8 6.6 6.0 5.6 5.1 4.7 4.3 4.0 3.7 3.4 3.1 2.9 2.6 2.4 2.2 2.1 5.6 5.6 5.4 5.0 4.6 4.2 3.9 3.6 3.3 3.0 2.8 2.6 2.4 2.2 2.0 1.9 1.7 4.6 4.6 4.5 4.1 3.8 3.5 3.2 3.0 2.7 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4 3.8 3.8 3.7 3.5 3.1 2.9 2.7 2.4 2.3 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2 3.1 3.1 3.1 2.8 2.6 2.4 2.2 2.0 1.9 1.7 1.6 1.4 1.3 1.2 1.1 1.0 0.96 2.6 2.6 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79 2.1 2.1 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2 1.1 0.98 0.90 0.83 0.77 0.71 0.65 1.8 1.8 1.7 1.6 1.5 1.3 1.2 1.1 1.0 0.96 0.88 0.81 0.75 0.69 0.63 0.59 0.54 1.5 1.5 1.4 1.3 1.2 1.1 1.0 0.94 0.87 0.80 0.74 0.68 0.62 0.57 0.53 0:49 0.45 1.2 1.2 1.2 1.1 1.0 0.93 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37 1.0 1.0 1.0 0.93 0.85 0.79 0.72 0.67 0.61 0.56 0.52 0.48 0.44 0.40 0.37 0.34 0.32 0.88 0.88 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37 0.34 0.32 0.29 0.27 44 Table 6. Temperature and pH -Dependent Values of the CCC (Chronic Criterion Magnitude). Temperature (°C) pH 0-7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 R 6.5 6.6 6.7 6.8 6.9 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 9.0 4.9 4.6 4.3 4.1 3.8 3.6 3.3 3.1 2.9 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.6 1.5 1.5 1.4 1.3 1.2 1.1 4.8 4.5 4.3 4.0 3.8 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 4.8 4.5 4.2 3.9 3.7 3.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 4.6 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 4.5 4.2 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 .1.3 1.2 1.2 1.1 1.0 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.2 2.0 1,.99 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 0.99 4.2 3.9 3.7 3.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 0.96 0.90 3.8 3.5 3.3 3.1 2.9 2.7 2.6 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 0.97 0.91 0.85 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 0.96 0.90 0.85 0.79 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95 0.89 0.83 0.78 0.73 2.9 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.6 1.5 1.4 1.4 1.3 1.2 1.1 1.1 0.98 0.92 0.86 0.81 0.76 0.71 0.67 2.6 2.4 2.3 2.2 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.94 0.88 0.83 0.78 0.73 0.68 0.64 0.60 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.95 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53 0.50 0.47 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.94 0.88 0.83 0.78 0.73 0.68 0.64 0.60 0.56 0.53 0.50 0.44 0.44 0.41 1.5 1.5 1.4 1.3 1.2 1.1 1.1 0.99 0.92 0.87 0.81 0.76 0.71 0.67 0.63 0.59 0.55 0.52 0.49 0.46 0.43 0.40 0.38 0.35 1.3 1.2 1.2 1.1 1.0 0.96 0.90 0.84 0.79 0.74 0.70 0.65 0.61 0.57 0.54 0.50 0.47 0.44 0.42 0.39 0.37 0.34 0.32 0.30 1.1 1.1 0.99 0.93 0.87 0.82 0.76 0.72 0.67 0.63 0.59 0.55 0.52 0.49 0.46 0.43 0.40 0.38 0.35 0.33 0.31 0.29 0.27 0.26 0.95 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53 0.50 0.47 0.44 0.41 0.39 0.36 0.34 0.32 0.30 0.28 0.26 0.25 0.23 0.22 0.80 0.75 0.71 0.67 0.62 0.58 0.55 0.51 0.48 0.45 0.42 0.40 0.37 0.35 0.33 0.31 0.29 0.27 0.25 0.24 0.22 0.21 0.20 0.18 0.68 0.64 0.60 0.56 0.53 0.49 0.46 0.43 0.41 0.38 0.36 0.33 0.31 0.29 0.28 0.26 0.24 0.23 0.21 0.20 0.19 0.18 0.16 0.15 0.57 0.54 0.51 0.47 0.44 0.42 0.39 0.37 0.34 0.32 0.30 0.28 0.27 0.25 0.23 0.22 0.21 0.19 0.18 0.17 0.16 0.15 0.14 0.13 0.49 0.46 0.43 0.40 0.38 0.35 0.33 0.31 0.29 0.27 0.26 0.24 0.23 0.21 0.20 0.19 0.17 0.16 0.15 0.14 0.13 0.13 0.12 0.11 0.42 0.39 0.37 0.34 0.32 0.30 0.28 0.27 0.25 0.23 0.22 0.21 0.19 0.18 0.17 0.16 0.15 0.14 0.13 0.12 0.12 0.11 0.10 0.09 0.36 0.34 0.32 0.30 0.28 0.26 0.24 0.23 0.21 0.20 0.19 0.18 0.17 0.16 0.15 0.14 0.13 0.12 0.11 0.11 0.10 0.09 0.09 0.08 49 • Busam, Jennifer d From: Sypolt, Shannon <ssypolt@ci.charlotte.nc.us> Sent: Tuesday, February 14, 20171:05 PM To: Busam, Jennifer d Subject: Charlotte Water Public Records Request for Ashe Plantation Public Comments and Permit Limit Related Information Follow -Up Flag: Follow up Flag Status: Flagged Hi Ms. Busam, Per our conversation last Friday morning, please let this email correspondence serve as Charlotte Water's formal request for all public records related to Ashe Plantation's pending permit renewal (NPDES Permit #NC0065749). This request includes but is not limited to the following information: ➢ All public comments received by NCDEQ, in any form, that are related to the renewal of NPDES Permit #NC0065749 ➢ All information used in the determination of permit limits for ammonia including the permit fact sheet, monitoring data, guidance documents, technical rationale, etc. As used in this email, "public records" includes all written, printed, recorded, or electronic materials and communications including emails, memoranda, notations, copies, diagrams, charts, tables, spreadsheet, formulas, directives, observations, impressions, guidance, contracts, letters, messages, text messages, and mail in the possession or control of NCDEQ. Charlotte Water is requesting this information from the date of NCDEQ's receipt of Ashe Plantation's permit renewal application package and this request is an ongoing request until Charlotte Water receives a final permit for Ashe Plantation. Charlotte Water is also requesting the standard 30 day comment period on the revised draft permit. If you have any questions concerning this request please do not hesitate to let me know. Thank you in advance for your assistance in providing the requested information. Respectfully, Shannon Sypolt Water Quality Program Administrator Environmental Management Division CHARLOTTE ftTER 4222 Westmont Drive / Charlotte, NC 28217 P: 704-336-4581 / C: 704-634-6984 / charlottewater.ong The Charlotte Observer Publishing Co Charlotte, NC North Carolina } ss Affidavit of Publication Mecklenburg County } Charlotte Observer REFERENCE: 145583 NCDENR/DWQ/POINT SOURCE 0002459405 Public Notice Notice of Intent to Issue a NPDES Wastewater Permit The North Carolina Environmental Management Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer in the city of Charlotte, County of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. 'UBLISHED ON: 05/19/2016 4D SPACE: 118 LINES =1LED ON: 05/24/2016 JAME: Whereof I have hereunto set my hVd and affixed my PUBLIC NOTICE Notice of ntee t to Owe a NPOES wardens er Permit al mar dean, tour parameters are water. quality lensed. PUBUC NOTICE N.C. DEPARTMENT OF EWIRONMENTAL OUA INTENT TO ISSUE NPOES WASTEWATER DISCHARGE PERMIT CN W W49B7 Public comment or obj.d. to the tlma permit modification Is invited. M commer is eraNed byy June 22, W16 will be cons) eredindn, naldelarminallon regarding per. mR issuance and permit provislons. PEPW APPUCATION Me PUSUCHEARING ant MAY 2 5 2016 My Commission Expires May 27, 2016 State of North Carolina Division of Water Resources Water Quality Regional Operations Section Environmental Staff Report Quality To: ®NPDES Unit❑Non-Discharge Unit Attn: Derek Denard From: Ori Tuvia MRO I. GENERAL AND SITE VISIT INFORMATION 1. Was a site visit conducted? ® Yes or ❑ No a. Date of site visit: 1/20/2016 b. Site visit conducted by: Ori Tuvia c. Inspection report attached? ❑ Yes or ® No Last inspection was done 4/15/2015 by Wes Bell Application No.: NCO065749 Facility name: Ash Plantation RECEIVEDUDEQIDWR d. Person contacted: Matthew Costner and their contact information: (704) 507 - 3413 FEB 0 2 2016 Water Quality Permitting Section e. Driving directions: Drive On I-85 south turn into I-485 Inner. Take exit 44 toward Mint Hill, turn left into Fairview Road Turn left Ashelev Glen drive turn left onto Hanging Moss Trail than turn right into Quarters Lane, take gravel road next to 8761 Quarters. 2. Discharge Point(s): Latitude:35010'40" Longitude: 80135'30" 3. Receiving stream or affected surface waters: Duck Creek Classification:C River Basin and Subbasin No: Yadkin -Pee Dee — 03-07-12 II. EXISTING FACILITIES: MODIFICATION AND RENEWAL APPLICATIONS 1. Are there appropriately certified Operators in Charge (ORCs) for the facility? ® Yes ❑ No❑ N/A ORC: David Bligh Certificate #:1001225 Backup ORC: Allen Stovel Certificate #: 2. Are the design, maintenance and operation of the treatment facilities adequate for the type of waste and disposal system? ® Yes or ❑ No 3. Description of existing facilities: Permitted flow of 100,000 GPD average flow of 25,000 GPD. The facility as the following treatment units: influent bar screen aeration basin with two blowers clarifier, two tertiary filters. UV treatment. 4. Are the site conditions (e.g., soils, topography, depth to water table, etc) maintained appropriately and adequately assimilating the waste?® Yes or ❑ No It -� 5. Has the site changed in any way that may affect the permit (e.g., drainage added, new wells inside the compliance boundary, new development, etc.)?[] Yes or ® No 6. Is the residuals management plan adequate?® Yes or ❑ No 7. Are the existing application rates (e.g., hydraulic, nutrient) still acceptable? ® Yes or ❑ No 8. Is the existing groundwater monitoring program adequate? ❑ Yes ❑ No ® N/A No Monitoring wells on site 9. Are there any setback conflicts for existing treatment, storage and disposal sites? ❑ Yes or ® No 10. Is the description of the facilities as written in the existing permit correct? ® Yes or ❑ No As of the end of February the facility would be operated by Charlotte water. 11. Were monitoring wells properly constructed and located? ❑ Yes ❑ No ® N/A 12. Are the monitoring well coordinates correct in BIMS? ❑ Yes ❑ No ® N/A 13. Has a review of all self -monitoring data been conducted (e.g., DMR, NDMR, NDAR, GW)?® Yes or ❑ No Please summarize any findings resulting from this review: Since Janauary 2013 there have been two NOD's for DO, Two NOV's For DO and one NOVRE for ammonia. There been no violations since September 2014. 14. Are there any permit changes needed in order to address ongoing BIMS violations? ❑ Yes or ® No 15. Check all that apply: ❑ No compliance issues ® Notice(s) of violation ❑ Current enforcement action(s) ❑ Currently under JOC ❑ Currently under SOC ❑ Currently under moratorium Date Parameter Re orted Value Permit Limit Result 10/16/2013 DO 5.6 m 6 m L (Daily Minimum NOD 11/6/2013 DO 5.6 m 6 m (Daily Minimum) NOD 3/31/2014 Ammonia 0.66 m 0.5 m (MonthlyAverage) NOVRE 7/2/2014 DO 4.9 m 6 m L (Daily Minimum) NOV F-8/27/2014 DO 5 m 6 mg/L (Daily Minimum NOV Have all compliance dates/conditions in the existing permit been satisfied?® Yes ❑ No[:] N/A 16. Are there any issues related to compliance/enforcement that should be resolved before issuing this permit? ❑ Yes ® No ❑ N/A III. REGIONAL OFFICE RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit?[:] Yes or L] No However, as of the end of February the facility will be operated by Charlotte water. Need to insure change of ownership 2. List any items that you would like the NPDES Unit or Non -Discharge Unit Central Office to obtain through an additional information request: Item Reason 3. List specific permit conditions recommended to be removed from the permit when issued: Condition Reason 4. List specific special conditions or compliance schedules recommended to be included in the permit when issued: Condition Reason 5. Recommendation: ❑ Hold, pending receipt and review of additional information by regional office ® Hold, pending review of draft permit by regional office ❑ Issue upon receipt of needed additional information ❑ Issue ❑ Deny (Please state reasons: ) 6. Signature of report preparer: ORI TUVIA Signature of regional supervisor: Date: d a L 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 ExDedited Permit Renewals Permit Writer/Date Jennifer D. Busam — 4/6/2016 Permit Number NCO065749 Facility Name Ashe Plantation WWTP Basin Name/Sub-basin number Yadkin -Pee Dee / 03-07-12 Receiving Stream Duck Creek Index #13-17-18-3 Stream Classification in Permit C Does permit need Daily Max NH3 limits? No — already resent Does permit need TRC limits/language? No — already resent Does permit have toxicity testing? No Does permit have Special Conditions? Yes, an ammonia toxicity and nutrients reo ever Does permit have instream monitoring? Yes, for TRC, NH3 as N, temperature, DO, and fecal coliform. Is the stream impaired on 303 d list)? No Any obvious compliance concerns? No, two NOV for not reaching daily DO minimum (2014) and one NOV that resulted from 11 violations for flow frequency in 2012.One enforcement for exceedance of monthly average of Nitrogen, Ammonia Total (as N); No other enforcements during the current hermit cycle. Any permit mods since lastpermit? No New expiration date 4/30/2021 Changes to 2011 permit? Added eDMR requirements Added regulatory citations Added effluent characteristic parameter codes Updated ownership Changes to draft permit? Significant comments received on ammonia toxicity concerns from effluent on endangered freshwater mussels Fecal Coliform limit changed from a daily maximum to a weekly average per request by Shannon Sypolt of Charlotte Water Nitrogen and TRC will have a weekly monitoring frequency year round Corrected upstream and downstream description from error on May 2016 draft Added instream pH monitoring, upstream and downstream Evaluation using EPA's 2013 Ammonia Nitrogen criteria for freshwater indicated that the current limits may not protect for ammonia toxicity on freshwater mussels. However, due to a limited dataset lower limits cannot be imposed at this time. If further analysis with new instream data (pH and temperature) suggests ammonia nitrogen levels exceed chronic and/or acute freshwater criteria, further controls may be needed (i.e. more frequent instream sampling, limit re-evaluation, or pH control). Instream data will be evaluated during the current permit cycle when a more robust dataset for instream pH, temperature, and NH3-N data comes available. In November of 2017, a full year of instream data will be available for analysis. It is recommended that the data be analyzed using the TAN spreadsheet calculator for the days that record high instream ammonia nitrogen and pH values to determine if there are ammonia toxicity issues in the stream that may negatively impact aquatic species, specifically the endangered Carolina heelsplitter mussel. Further controls may be implemented as necessary using the A. (2) permit reopener condition for ammonia toxicity and nutrients. Most Commonly Used Expedited Language: • TRC language for Compliance Level for Cover Letters/Effluent 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." AQUA November 4, 2015 NCDENR / DWQ/ NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-0167 Re: Application for Permit Renewal Aqua North Carolina, Inc. Ashe Plantation NPDES No. NCO065749 Mecklenburg County Gentlemen: Enclosed are three (3) copies of the completed application Form D- WWTP. This submittal includes the necessary attachments for your office to renew the subject permit. Should you need any additional information or assistance, please feel free to contact our Regional Compliance Manager, Michael A. Melton @ 704-489-9404 ext. 57238 or by e-mail at MAMelton@aauaamerica.com. President Enc 202 MacKenan Court, Cary, NC, 27511 • 919.467.8712 • AquaAmerica.com t NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit 000065749 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name AQUA NORTH CAROLINA, INC. Facility Name ASHE PLANTATION WWTP Mailing Address 202 MACKENAN COURT City CARY State / Zip Code NC 27511 Telephone Number (919) 653-5770 Fax Number (919)460-1788 e-mail Address tjroberts@aquaamerica.com 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road End of Quarters Lane, east of Charlotte City MINT HILL State / Zip Code NORTH CAROLINA / 28227 County MECKLENBURG 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name AQUA NORTH CAROLINA, INC Mailing Address 202 MACKENAN COURT City CARY State / Zip Code NORTH CAROLINA 27511 Telephone Number (919) 653-5770 Fax Number (919) 460-1788 1 of 4 Form-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 177 School ❑ Number of Students/ Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): This system serves residential customers only. 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Duck Creek within the Yadkin -Pee Dee River Basin S. Frequency of Discharge: If intermittent: Days per week discharge occurs: Continuous ❑ Intermittent Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Continue discharging 0.100 MGD of treated domestic wastewater from an extended - aeration package treatment plant with the following components: • Influent lift station • Bar screen • Equalization basin • Aeration basin • Rectangular clarifier • Tertiary filter • Ultraviolet disinfection • Backup chlorine contact chamber with tablet -type chlorination and dechlorination • Continuous -recording flow measuring device • Filter backwash tank 2 of 4 Form-D 05108 0 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD • Post aeration • Aerobic sludge digester 10. Flow Information: Treatment Plant Design flow 0.100 MGD Annual Average daily flow 0.039 MGD (for the previous 3 years) Maximum daily flow 0.084 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD$) 2.0 0.04 MG/ L Fecal Coliform 1.0 1.0 #/ 100ML Total Suspended Solids 7.5 1.5 MG/ L Temperature (Summer) 28.0 23.4 *Celsius Temperature (Winter) 20.0 13.4 ° Celsius pH 8.5 N/A UNITS 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES NCO065749 PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Thomas J. Roberts President & Chief Operating Officer Pr ,At n e of Per Si ing Titl or giliature of An cant Da North Carolina Geng(al Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be 3 of 4 Form-D 05/08 AQUA SLUDGE MANAGEMENT PLAN For Aqua North Carolina, Inc. No sludge will be treated on any wastewater treatment plant site operated by Aqua N.C., Western Division Where practical, sludge removed from a Aqua N.C., Western Division facility will be transported via a contract hauler to another Aqua N.C., Western Division facility for the purpose of "seeding" a new or under loaded plant. Unusable (or "dead") sludge will be removed by a contract hauler and properly disposed of in accordance with NCGS 143-215.1. Contract haulers used by Aqua N.C., Western Division will be required to report the quantity of sludge transported and identify the location of the proposed disposal site if the sludge is not taken to an existing plant operated by Aqua N.C., Western Division. Aqua N.C., Western Division has not entered into any agreement to accept sludge into its facilities from plants not owned by them. Aqua N.C., Western Division will keep records on the quantity of sludge removed from each facility, the name of the contract hauler, and the destination of the sludge (whether used in another plant or disposed of). The information will be kept on file and will be made available to any regulatory agency having jurisdiction over sludge treatment or disposal. Aqua N.C., Western Division includes all of the facilities under the jurisdiction of the Mooresville Regional Office. 202 MacKenan Court, Cary, NC, 27511 • 919.467.8712 • AquaAmerica.com