NC0061930_fact sheet_20230619

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
FACT SHEET
EXPEDITED - PERMIT RENEWAL
NCO061930
Basic Information for Expedited Permit Renewals
Permit Writer/Date
Charles H. Weaver / June 19, 2023
Permit Number - Class
NCO061930 — Class 2
Flow
0.042 MGD
Owner
Mark Laurel Homeowners Association
Facility Name
Mark Laurel WWTP
Type of Waste
100 % domestic
Basin Name/Sub-basin number
Savannah River Basin / 03-13-01
Receiving Stream
East Fork Overflow Creek [segment 3-10-2-1
Stream Classification in Permit
C-Trout ORW
Does permit need Daily Max NH3 limits?
Existing limits are adequate to protect against ammonia toxicity
Does permit need TRC limits/language?
No — already resent
Does permit have toxicity testing?
No
Does permit have Special Conditions?
Alternative disinfection condition
Does permit have instream monitoring?
Temperature and Dissolved Oxygen
Is the stream impaired on 303 d list)?
No
No enforcements have ever been issued against this permit.
Any obvious compliance concerns?
During the last permit cycle, the facility received one NOD and
two NOVs.
Any pen -nit mods since lastpermit?
No
New expiration date
February29, 2028
➢ Updated eDMR language
➢ Added monitoring for turbidity as per 15A NCAC
Changes to current permit?
02B.0211 (21).
➢ Updated limit for dissolved oxygen as per 15A NCAC
02B.0211 (6)
NCO061930 was first issued an NPDES permit in July 1985.
15A NCAC 02B.0225 (Water Quality Standards for Outstanding
Resource Waters) was first adopted in October 1995. The
Applicability of ORW rule
specific requirements for discharges to ORW waters are for new
and expanding discharges, not existing discharges. NCO061930
existed prior to adoption of the ORW rules and is not classified as
a new or expanding discharge.
Comments on draft permit
SELC sent comment letter demanding temperature limits for 5
ermits including this one.
None. NPDES management determined that effluent from 100%
Changes to current permit?
domestic WWTPs is not a "heated liquid" as described in the
rules. Temperature limits are not necessary.

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
CITIZEN TRIES
Public Notice
State of North Carolina/Environmental
Management Commission
1617 Mail Service Center,
Raleigh, NC 27699-1617
Notice of Intent to Issue a NPDES waste
water permit
The North Carolina Environmental Man -
a ement Commission proposes to issue a
N DES wastewater discharge permit to
the person(s) listed below.
Carolina Water Service, Inc. of NC reqquest-
ed renewal of permit NC002300Near
Paw WWTP/Cherokee County. Facility dis-
charges to the Hiwassee River/Hiawassee
River Basin. Currently no parameters are
water quality limited. Mark Laurel Home-
owner's Association requested renewal of
NPDES Permit NC0061930IMark Laurel
WWiP/Macon County. Facility discharges
to East Fork Overflow Creek/Savannah
River Basin. Currently, ammonia nitrogen,
dissolved oxygen, and fecal coliform are
water quality limited.
Written comments regarding the pro-
posed permit will be accepted until 30
days after the publish date. The Director
of the NC Division of Water Resources
may hold a public hearing should there be
a significant degree of public interest. In-
terested persons may visit the DWR at 512
N. Salisbury Street, Raleigh, NC, 27699.
Please mail comments and/or information
requests to DWR at the address listed
above. Additional information on NPDES
permits and this notice may be found on
our website: http//deq.nc.gov/about/divisi
onslwater-resources/water-resou rces-
permits/wastewater-branch/npdes-
wastewater/ppublic-notices, or by calling
[phone].
May 3, 2023
0005666015
EVICKY FELTY
Notary Public
State of Wisconsin
PART OF THE USA TODAY NETWORK
AFFIDAVIT OF PUBLICATION
BUNCOMBE COUNTY
NORTH CAROLINA
Before the undersigned,a Notary Public, duly commissioned, qualified and
authorized by law to administer oaths, personally appeared said legal clerk,
who, being first duly sworn, deposes and says: that he/she is the Legal
Clerk of The Asheville Citizen -Times, engaged in publication of a
newspaper known as The Asheville Citizen -Times, published, issued, and
entered as first class mail in the City of Asheville, in Buncombe County and
State of North Carolina; that he/she is authorized to make this affidavit and
sworn statement; that the notice or other legal advertisement, a true copy of
which is attached here to, was published in The Asheville Citizen -Times on
the following date(s) 05103/23. And that the said newspaper in which
said notice, paper, document or legal advertisement was published was, at
the time of each and every publication, a newspaper meeting all of the
requirements and qualifications of Section 1-597 of the General Statues of
North Carolina and was a qualified newspaper within the meaning of
Section 1-597 of the General Statutes of North Carolina.
Signed this 3rd of May, 2023 ,
Legal Clerk
Sworn to and subscribed before the 3rd of May, 2023
My Commission expires.
[phone] 1 [phone] FAX
14 O. HENRY AVE. I P.O. BOX 2090 1 ASHEVILLE, NC 28802 1 [phone]

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
SOUTHERN
ENVIRONMENTAL
NVRONMENTAL
LAW
CENTER
Via Email
Richard Rogers
N.C. Dept. of Environmental Quality
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
[e-mail]
48 Patton Avenue, Suite 304
Asheville, NC 28801
May 24, 2022
Telephone [phone]
Facsimile 828-258-2024
Re: Application of the trout waters temperature standard in draft NPDES Permit
Nos. NC0020451, NC0023281, NC0032115, NC0061930, and NCO079561
Dear Mr. Rogers:
Please accept the following comments submitted on behalf of MountainTrue, North
Carolina Trout Unlimited State Council, North Carolina Wildlife Federation, Watauga
Riverkeeper, and the Southern Environmental Law Center related to the North Carolina
Department of Environmental Quality's ("DEQ") failure to apply the required trout waters
temperature standard in five recently noticed draft National Pollutant Discharge Elimination
System ("NPDES") permits: Draft Permit Nos. NCO020451 (West Jefferson WWTP),
NCO023281 (Tapoco Lodge & Village WWTP), NCO032115 (Town of Banner Elk WWTP),
NCO061930 (Mark Laurel WWTP), and NCO079561 (Town of Elk Park WWTP). All five
permits would authorize discharges into designated trout waters.' Proper application of the trout
waters temperature standard is critical to protecting trout populations in North Carolina.
Unfortunately, the draft permits leave the affected populations at risk by failing to ensure trout
streams remain sufficiently cool. We also point out several additional shortcomings in Draft
Permit No. NCO020451 (West Jefferson WWTP).
I. Trout require cold, clean water to survive.
Keeping water temperature in designated trout waters below certain thresholds is
critically important because North Carolina's three species of trout —brook trout, brown trout,
and rainbow trout —require cold, clean, oxygen -rich water to survive and thrive. Water
1 See NPDES Draft Permit Nos. NCO020451, West Jefferson WWTP (Feb. 22, 2023), at 2 (indicating discharge into
an unnamed tributary to Buffalo Creek" in the New River basin, classified as Class C trout water and North Fork
New River Outstanding Resource Water Area); NCO023281, Tapoco Lodge & Village WWTP (May 2, 2023), at 2
(indicating discharge into the Little Tennessee River, a Class C trout water in the Little Tennessee River basin);
NC0032115, Town of Banner Elk WWTP (March "xx" [sic] 2023), at 2 (indicating discharge into the Elk River, a
Class C trout water in the Watauga River basin); NC0061930, Mark Laurel WWTP (Apr. 5, 2023), at 2 (indicating
discharge into the East Fork Overflow Creek, a Class C trout water and an Outstanding Resource Water in the
Savannah River basin); and NC0079561, Town of Elk Park WWTP (Mar. 22, 2023), at 2 (indicating discharge into
the Little Elk Creek, a Class C trout water in the Watauga River basin).
Charlottesville Chapel Hill Atlanta Asheville Birmingham Charleston Nashville Richmond Washington, DC

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9D07-E95A27B2A51C
temperature for these trout generally needs to be kept below 20 °C (68 OF).2 Unfortunately, past
and ongoing land management practices threaten trout habitats, including by increasing stream
temperatures. As we explained in our comments on North Carolina's draft 2022 Clean Water Act
Section 303(d) list, numerous trout streams routinely exceed safe water temperatures for trout.3
Climate change is exacerbating this problem. By 2060, western North Carolina is
predicted to see 10-20 more days each year with air temperatures above 35 °C (95 OF), increasing
the potential for water temperatures to rise above 2 1. 1 °C (70 °F)—levels that can be lethal to
trout.4 This combination of past habitat loss, ongoing poor land management practices, and
climate change poses an existential threat to many western North Carolina trout populations.
Declines in trout populations —driven by increasing stream temperatures or otherwise —
will hurt local economies. The total economic benefit of trout fishing in North Carolina is
estimated at $383.3 million annually, supporting nearly 3,600 jobs.5 If trout habitats are further
reduced, these economic benefits will be at risk. Overall, stream temperatures in North Carolina
are increasing, and this trajectory is predicted to continue under a changing climate. To protect
trout populations and the businesses that rely on them, North Carolina must take proactive steps
to ensure trout waters remain sufficiently cold.
II. North Carolina promulgated a temperature water quality standard to protect
trout.
Recognizing that trout require cold water, North Carolina exercised its authority under
the Clean Water Act to develop a temperature water quality standard designed to keep trout
streams cold. The Clean Water Act requires states to designate "uses" of waterbodies and
promulgate standards to protect those uses. See 33 U.S.C. § 1313; 40 C.F.R. § 131.10; N.C. Gen.
Stat. § 143-214.1. All waterbodies in North Carolina are subject to a temperature standard to
protect their associated designated use. 15A N.C. Admin. Code 2B.0211(18). Some North
Carolina waterbodies have been assigned a "trout waters" use. See 15A N.C. Admin. Code
213.0301(b)(3) (explaining trout waters classification); 40 C.F.R. § 131.10(c) ("States may adopt
sub -categories of a use and set the appropriate criteria to reflect varying needs of such sub-
categories of uses, for instance, to differentiate between cold water and warm water fisheries.").
The temperature standard —for both trout waters and non -trout waters —provides that water
temperature is:
2 Trout Species of North Carolina, Fly Fishing NC (accessed Dec. 16, 2022), https://www flyfishingnc.com/trout-
species-of-north-carolina.
s S. Envtl. L. Ctr., Comments on North Carolina's Draft 2022 § 303(d) List (Feb. 28, 2022).
a Emma Johnson, Climate Change Challenges Trout Industry in North Carolina, Carolina Public Press (Feb. 17,
2021), https:Hcarolinapublicpress.org/42527/climate-change-challenges-trout-industry-in-north-carolina/. See also
Kunkel, K.E., et al., North Carolina Climate Science Report (2020), available at
https://ncics. org/wpcontent/uploads/2020/ 10/NC_Climate_Science_Report_FullReport_Final_revised_September2O
20.pdf.
5 N.C. Wildlife Res. Comm'n, Mountain Trout Fishing: Economic Impacts on and Contributions to North Carolina's
Economy (2015), available at https://www ncwildlife.org/Portals/O/Fishing/documents/Economic-Impacts-Trout-
Fishing.pdf.

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
not to exceed 2.8 degrees C (5.04 degrees F) above the natural water temperature,
and in no case to exceed 29 degrees C (84.2 degrees F) for mountain and upper
piedmont waters and 32 degrees C (89.6 degrees F) for lower piedmont and coastal
plain waters; the temperature for trout waters shall not be increased by more than
.5 degrees C (0.9 degrees F) due to the discharge of heated liquids, but in no case
to exceed 20 degrees C (68 degrees F).
15A N.C. Admin. Code 02B .0211(18).
The standard has two partsa delta limit and an absolute limit. In non -trout waters, the
delta limit prohibits an increase attributable to a discharger of more than 2.8 °C above the natural
water temperature. The absolute limit provides that temperature shall "in no case" exceed 29 °C
in mountain and upper piedmont waters and 32 °C in lower piedmont and coastal plain waters
regardless of the presence of permitted dischargers.
The trout waters standard follows this same structure: Stream temperature may not be
increased "by more than .5 degrees C ... due to the discharge of heated liquids" but "in no case"
shall stream temperature exceed 20 °C. This makes sense because keeping trout waters below
20 'C—regardless of the presence of permitted dischargers —is critical to sustaining healthy trout
populations.
North Carolina's temperature standard, including for trout waters, is implemented in part
through NPDES permits that regulate point source discharges by setting limits and monitoring
requirements for a variety of water quality characteristics. 33 U.S.C. § 1342(a). State agencies
with delegated authority to administer the NPDES program, such as DEQ, are responsible for
ensuring NPDES permits identify and apply the correct water quality limits for the waterbody
into which the permittee will be discharging effluent.
In issuing a recent NPDES permit for a discharge into a designated trout water without
the required temperature standards, DEQ explained it had concluded that "effluent from 100%
domestic WWTPs [is] not a `heated liquid' as reference[d] in the rule" and, presumably, that the
trout waters temperature standard therefore did not apply.6 This conclusion is unsupported by the
text and the purpose of the rule; it is also irrelevant to the absolute limit set by the standard.
Temperature in trout waters shall "in no case ... exceed 20 degrees C." 15A N.C. Admin. Code
2B.0211(18) (emphasis added). DEQ must include limitations in permits to ensure that
discharges do not cause or contribute to an exceedance of the 20°C standard, even if that
discharge is not a "heated liquid."
III. DEQ must ensure all five draft NPDES permits comply with the trout waters
temperature standard.
To comply with the Clean Water Act and state water quality standards, DEQ must ensure
all five draft NPDES permits facilitate compliance with the temperature limits necessary to
protect trout waters. The draft permits out for comment currently contain no language to prevent
exceedances of those standards, despite in two cases newly including in -stream monitoring
6 Fact Sheet for NPDES Permit No. NCO067318 (Jan. 13, 2023).
3

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9D07-E95A27B2A51C
requirements for temperature.7 We applaud DEQ for taking notice of the importance of
monitoring water temperature for the protection of trout waters. But it must also include permit
limits to prevent violations of water quality standards, including the trout waters temperature
standard.
The draft permit for the West Jefferson WWTP (Draft Permit No. NCO020451)
exemplifies why permit limits are necessary. West Jefferson's application materials list an
estimated maximum effluent temperature of 23.5 °C, exceeding the 20-degree maximum set for
trout waters. s The application also incorrectly refers to the applicable temperature standard as
29 °C instead of the 20 °C limit required for trout waters.9 Further, the effluent is expected to
constitute 56 percent of the receiving stream's total flow.10 This indicates a substantial risk that
the discharge will violate both the delta and absolute temperature limits applicable to discharges
to trout waters.
This is particularly problematic because temperature is a "parameter of concern for
aquatic life" for this facility and DEQ has documented a "statistically significant difference" in
temperature between monitoring stations upstream and downstream of the discharge point." In
other words, it appears the discharge is increasing stream temperature. The receiving stream is
also listed as impaired on North Carolina's Section 303(d) list due to effects to "benthos" and the
"fish community."12 Taken together, DEQ is aware that this facility is causing impacts to stream
temperature in an impaired waterbody. Nevertheless, the draft permit includes no limit on this
facility's ability to affect stream temperature. The limited discussion of temperature in the draft
permit materials applies the wrong standard —the 29 °C standard applicable to mountain waters
generally instead of the 20 °C limit required for trout waters.
To be clear, DEQ has no authority to issue NPDES permits that do not ensure compliance
with water quality standards, including the trout waters temperature standard. See 33 U.S.C. §
1311(b)(1)(C) (requiring NPDES permits to include limitations "necessary to meet water quality
standards"); 40 C.F.R. § 122.44(d)(1). Where draft permits fail to ensure compliance —as is the
case with the West Jefferson WWTP draft permit —those permits must be revised.
Incorporating the trout waters temperature standard into permits is also important because
DEQ has failed to correctly apply this standard when preparing its Clean Water Act Section
303(d) list. Section 303(d) requires states to identify waterbodies that are not meeting water
quality standards, investigate the reasons for noncompliance, and develop a plan to remediate
those problems. For several years, DEQ has wrongly applied in the Section 303(d) context the
water quality temperature standard for mountain waters (29 °C) to designated trout waters
I Letter from Emily Richards, N.C. Dep't of Env't Qual., to Paul Isenhour, Water Qual. Labs & Operations, Inc.
(March "xx" [sic] 2023), at 1; Letter from Siying Chen, N.C. Dep't of Env't Qual., to Kevin Bailey, Tapoco
Partners, LLC (May 2, 2023), at 1.
a Fact Sheet for draft NPDES Permit No. NC 0020451, West Jefferson WWTP (Feb. 16, 2023), at 3.
9 Id. at 4, 5 ("Temperatures in both [instream monitoring] sites were below the standard of 29 °C for upper piedmont
and mountain waters.").
to Id. at 2.
" Id. at 5.
12 See generally North Carolina 2022 Integrated Report at 1035, available at
https:Hedocs.deq nc.gov/WaterResources/DocView.aspx?dbid=0&id=2361713&cr=1.
al

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9D07-E95A27B2A51C
protected by the 20 °C standard.13 DEQ has committed that error with respect to at least one of
the receiving streams at issue here. Tapoco Lodge & Village WWTP (Draft Permit No.
NC0023281) discharges into Cheoah Lake, a designated trout water, but in the Section 303(d)
context DEQ assesses compliance with a temperature standard of 29 °C.14 The 2022 303(d)
Integrated Report does not disclose which standard DEQ applied to other receiving waters at
issue in the draft NPDES permits. But the combination of these two errors —failure to include
temperature standards in NPDES permits and failure to assess compliance with the correct
temperature standard in the Section 303(d) context —generally risks jeopardizing trout
populations.
In summary, before finalizing any of these five permits, DEQ must ensure they facilitate
compliance with the water quality temperature standard for trout waters. The most
straightforward and thorough approach is to include language DEQ has already properly applied
to other trout water discharge permits:
"The instream temperature shall not be increased by more than 0.5 degrees C (0.9
degrees F) due to the discharge of heated liquids, but in no case to exceed 20
degrees C (68 degrees F). If the stream temperature exceeds 20 degrees C due to
natural background conditions, the effluent cannot cause any increase in instream
water temperature."
This expression of the temperature standard, found in the most recent draft NPDES
permit for the Buffalo Meadows WWTP, NPDES Permit No. NCO030325 (and others), correctly
requires permittees to cause no further increase in temperature when stream temperature already
exceeds trout water standards. Apparently, the Tapoco Lodge & Village WWTP permit used to
include similar language —in each of the 1998, 2003, 2007, and 2012 permits —but it was
removed in 2018.15 To meet its obligations under the Clean Water Act, DEQ should add this
language back.
IV. DEQ must correct additional problems in Draft Permit No. NCO020451 (West
Jefferson WWTP)
In addition to the trout waters temperature standard issue discussed above, DEQ must
address several additional shortcomings in Draft Permit No. NCO020451 (West Jefferson
WWTP).
First, the total suspended solids limit in the draft permit runs afoul of the Clean Water
Act's anti -backsliding provision, which EPA has interpreted to require that "when a permit is
renewed or reissued, interim effluent limitations, standards or conditions must be at least as
stringent as the final effluent limitations, standards, or conditions in the previous permit." 40
C.F.R. § 122.44(l)(1). Here, the previous permit limited total suspended solids to 10 mg/L
" See supra note 3.
14 See supra note 12, at 538.
" Compare Fact Sheet for draft NPDES Permit No. NCO023281, Tapoco Lodge & Village WWTP (April 25, 2018),
at 2 with NPDES Permit No. NCO023281 (March 30, 1998), at 3 n.2; NPDES Permit No. NCO023281 (Jan. 27,
2003), at 4 n.1; NPDES Permit No. NCO023281 (Oct. 8, 2007), at 4 n.1; NPDES Permit No. NCO023281 (Aug. 22,
2012), at 4 n.1.
5

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
monthly average and 15 mg/L weekly average. 16 The draft permit attempts to increase those
limits to 30 mg/L and 45 mg/L, respectively. DEQ must impose the earlier total suspended solids
limit to remain in compliance with the Clean Water Act.
Second, the compliance schedule for copper in the draft permit also falls short of the
Clean Water Act's requirements. Regulations implementing the Clean Water Act require a
compliance schedule, for example, to impose "an enforceable sequence of interim requirements"
leading to compliance. 40 C.F.R. § 122.2. Compliance must be achieved "as soon as possible."
40 C.F.R. § 122.47(a), see also 40 C.F.R. § 123.25 (requiring permitting authorities to administer
delegated state programs in conformance with this and other specified regulatory provisions).
EPA's guidance to permit writers reinforces that schedules of compliance to meet state water
quality standards must meet certain minimum criteria.17 Echoing the regulatory requirements,
permit writers must "U]ustify and demonstrate that compliance with the final WQBEL is
required as soon as possible."
Here, the compliance schedule for copper appears to have been copied and pasted from
another permit —indeed, the compliance schedule repeatedly refers to achievement of zinc and
silver limits even though the schedule is purportedly about copper limits.18 There is no indication
that DEQ is attempting to achieve water quality limits "as soon as possible" as required under the
Clean Water Act. To the extent a compliance schedule is permissible here at all, DEQ has not
carried its burden to show how the proposed schedule meets Clean Water Act requirements.
Third, we understand that DEQ has also added a monitoring condition for PFAS to the
draft permit.19 If DEQ suspects that the West Jefferson facility discharges PFAS, it must demand
sampling information in the permit application process and evaluate whether technology -based
and water quality -based limits are necessary. See 40 C.F.R. §§ 125.3, 122.44(d)(1)(i); see also
Piney Run Pres. Assn v. Cty. Commis of Carroll Cty., Maryland, 268 F.3d. 255, 268 (4th Cir.
2001). The monitoring condition is also too lenient. As EPA made clear in guidance issued last
December, monitoring should "be conducted at least quarterly to ensure that there are adequate
data to assess the presence and concentration of PFAS in discharges."20 This requirement should
be applied to all wastewater plants, including those without industrial users.21 Moreover, EPA
has stressed that these requirements should be implemented immediately and that agencies need
not wait for Draft Method 1633 to be finalized.22
16 See NPDES Permit No. NCO020451, West Jefferson WWTP (Feb. 16, 2018), at 2.
17 See U.S. EPA, NPDES Writers Manual § 9.1.3, available at https://www.epa.gov/sites/production/files/2015-
09/documents/pwm 2010.pdf
18 See NPDES Draft Permit No. NCO020451, West Jefferson WWTP (Feb. 22, 2023), at 10.
19 See id. at 3; Fact Sheet for NPDES Draft Permit No. NCO020451, West Jefferson WWTP, at 9.
21 Memorandum from Radhika Fox, Assistant Administrator, U.S. Env't Prot. Agency, Addressing PFAS
Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs (Dec. 5, 2022), at 4
(emphasis added).
21 Id.
22 Id.
on

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
V. Conclusion
North Carolina has some of the best and most at -risk trout habitat in the eastern United
States. Ensuring viable trout populations persist in the future requires keeping trout streams clean
and cold. To that end, DEQ must forthrightly apply the trout waters temperature standard in the
final versions of NPDES Permit Nos. NCO020451, NCO023281, NC0032115, NC0061930, and
NC0079561.
Please notify Henry Gargan at [e-mail] or 828-258-2023 when DEQ issues
final versions of these NPDES permits. We remain available as always to discuss our concerns.
Sincerely,
Henry Gargan
Associate Attorney
Southern Environmental Law Center
hga^rgannselcnc.org
Patrick Hunter
Managing Attorney
Southern Environmental Law Center
Cc: Charles Weaver ([e-mail])
Gary Perlmutter ([e-mail])
Emily Richards ([e-mail])
Siying Chen ([e-mail])
7

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
FT" nATC��
ROY COOPER _
Governor
ELIZABETH S. BISERa
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
April 5, 2023
Mr. Ronnie Waller
Mark Laurel Homeowners Association
P.O. Box 155
Highlands, NC 28741-0155
Subject: Draft NPDES Permit NCO061930
Mark Laurel WWTP
Grade WW-2 Biological WPCS
Macon County
Dear Permittee:
The Division has reviewed your request to renew the subject permit. Enclosed with this letter is a copy of the draft
permit for your facility. Please review this draft carefully to ensure your thorough understanding of the
information, conditions, and requirements it contains.
The draft permit includes the following significant changes from the existing permit:
➢ Electronic data submission requirements have been updated.
➢ The minimum effluent concentration for dissolved oxygen has been updated to 6.0 mg/L as per 15A
NCAC 0213.0211 (6).
➢ Turbidity monitoring has been added as per 15A NCAC 0213.0211 (21).
The NPDES standard conditions (Parts II, III, and IV) that are a part of the permit are not included in this draft
document (cover, map, and Part I). The conditions are the same as in your current permit except that agency and
division names have been updated. The latest version is available at https:Hbit.ly/3k5NFaL and can be viewed
online or downloaded as a PDF file.
With this notification, the Division will solicit public comment on this draft permit by publishing a notice in
newspapers having circulation in the general Macon County area, per EPA requirements. Please provide your
comments, if any, to me at the e-mail address below no later than 30 days after receiving this draft permit.
Following the 30-day public comment period, the Division will review all pertinent comments and take
appropriate action prior to issuing a final permit. If you have questions concerning the draft, please contact me at
charles.weaver@_ncdenr.gov.
Sincerely,
Environmental Specialist II
NPDES Compliance and Expedited Permitting
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOHIH CAHOLINh 919.707.9000
O.""M of Em1;; al Owl

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
Permit NCO061930
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, the
Mark Laurel Homeowners Association
is hereby authorized to discharge wastewater from a facility located at the
Mark Laurel WWTP
Moonlight Lane
West of Highlands
Macon County
to receiving waters designated as East Fork Overflow Creek in the Savannah 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
This permit and authorization to discharge shall expire at midnight on February 29, 2028.
If the permittee intends to continue to discharge at the facility beyond the term of this permit, a renewal
application must be submitted no later than September 2, 2027 (180 days before the expiration of this
permit).
Signed this day
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
Permit NCO061930
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit
issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to
operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included
herein.
The Mark Laurel Homeowners Association
is hereby authorized to:
Continue to operate an existing 0.042 MGD extended aeration (diffused air) wastewater treatment
system that includes the following components:
♦ Influent pump station
♦ Two aeration basins
♦ Digester
♦ Secondary clarifier
♦ UV disinfection
♦ Flow meter
The facility is located west of Highlands at the Mark Laurel WWTP, off Moonlight Lane in Macon
County.
2. Discharge from said treatment works at the location specified on the attached map into East Fork
Overflow Creek, currently classified C-Trout ORW waters in the Savannah River Basin.
Page 2 of 6

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
Ir iPi[i►[KIIIZ:f102111,
Part I
Grade WW-2 Water Pollution Control System [15A NCAC 08G.0302]
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15 NCAC 02B .0400 et seq., 02B .0500 et seq.]
Beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to
discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Daily
Measurement
Sample Type
Sample
Parameter Code
Average
Maximum
Frequency
Location2
Flow 50050
0.042 MGD
Continuous
Instantaneous
Influent or
Effluent
BOD, 5-day (20°C) C0310
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids C0530
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3 as N
(April 1 —October 31 C0610
2.2 mg/L
11.0 mg/L
Weekly
Composite
Effluent
NH3 as N
November 1 — March 31 C0610
6.6 mg/L
33.0 mg/L
Weekly
Composite
Effluent
Dissolved Oxygen 00300
Daily avera e > 6.0 m /L
Weekly
Grab
Effluent
Dissolved Oxygen 00300
Weekly
Grab
Upstream &
Downstream
Fecal Coliform
(geometric mean) 31616
200/100 ml
400/100 ml
Weekly
Grab
Effluent
Temperature (°C) 00010
Daily
Grab
Effluent
Temperature (°C) 00010
Weekly
Grab
Upstream &
Downstream
Turbidity 00070
Weekly
Grab
Effluent
pH 00400
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. The Permittee shall submit discharge monitoring reports electronically using the Division's eDMR
system.
2. Upstream = at unimproved road. Downstream = approximately 0.2 miles from the outfall.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
See A. (2.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is
required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are
used for disinfection.
Page 3 of 6

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
Permit NCO061930
A. (2.) TEMPORARY MEANS OF DISINFECTION
[NCGS 143-215.1 (a)]
In the event that the wastewater treatment plant's ultraviolet (UV) disinfection system should fail,
underperform, or otherwise be removed from effective service, the permittee or his agent should
immediately inform the staff of the NC DEQ Asheville Regional Office of this development and discuss
temporary, alternate means for disinfection of the effluent.
If chlorine compounds are used as temporary means of disinfection, the total residual chlorine (TRC)
concentration of the effluent must be monitored on a daily basis while this method of disinfection is in
use and values must be reported on the discharge monitoring report. TRC in the effluent may not
exceed 17 µg/L; therefore, dechlorination methods may also be necessary to ensure protection of water
quality in the receiving stream.
In the event that TRC monitoring should occur, the Division shall consider all effluent TRC values
reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to
record and submit all values reported by a North Carolina certified laboratory (including field certified),
even if these values fall below 50 µg/L.
Use of a disinfection system other than the permitted UV system during circumstances not deemed as
emergency and/or temporary (replacement of lamps, lamp cleaning or maintenance, etc.) will be
considered a violation of the terms of this permit.
A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December
21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)l
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. The eDMR system may be
accessed at: hM2s://deq.nc.gov/about/divisions/water-resources/edmr.
Page 4 of 6

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9D07-E95A27B2A51C
Permit NCO061930
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
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316 (b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity
for receiving electronic NPDES data [see 40 CFR 127.2 (b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at: https://www.federalre ig ster.gov/documents/2015/10/22/2015-
24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
Page 5 of 6

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9D07-E95A27B2A51C
Permit NCO061930
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data
and reports shall be submitted electronically to the Division unless the permittee re -applies for and is
granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers are not transferrable. Only permittees with an approved reporting waiver request may
submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)l
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.) (a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.) (b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)l
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 6 of 6

DocuSign Envelope ID: 70DOB7EC-DFA8-4A8D-9DO7-E95A27B2A51C
Permit NCO061930
. •k,!�,3.n � � �. � � � I f , )r, -r r'�i c' k� (r��•rV ��� ~��� ".'`� / � �N(,,�lf���,i�~�� . �d�r�l I
4
k
M ,c
rr" _ ;anti
f � rt.tS
Er
r 1
`, 0\J_ � l.-`i� '` •` :ram '.;� I
L \
15
��ry.��I ■ j e }i Jln .... •j -.J 4F^ii,.%. k J •- o ,.a
ii /
��, k ;i(l'�i 1 ,tr ;q •' � :�, ;� « (� � � � :��� as
/ ` ' �- 1. '�• d 4 .I,:o
- a\ate �- •. }� !p �'\
\,,�.' M N° i� J`t• r!. Ili I i •�• '�y • '§c
�` �Y-''\\� � � f' v. i C. .H L,yIJDa ��•A � / I� �./r L
� �-a �, I I � . .♦f. f 1
)� , j n ik.� ♦ •�/
�»��•y�°, ,i' C t•Lr- i Mbx.+
_��! !• 3r s'r ry h. %,/��� .'r7�- F9 ,e,,l'A wjy `.
("" .�p�� l �\�+s w• •-'fir; r+�( ''t��\��'�1 .'aV �/ � _ ,'�.
.' `V/� Ji\ 15p��1! `I II , A � �//J{k/g1� , 1,Y L" �1�14J�.'/ �l -/1 � '•• �1Y: p
♦ } r ^ I � M\ 1 1 � • � 1 \` / f ti vi.. sx�� -"f_ 1 v��.: ,e:"
fJ(/, �.J tii• %J'� �'�aS�3 ,,,\� '�'-_'1� (/�J e^,.f�� � �---� • sk1,. Y. f«
�" /-/a��y�=, • �� �' ��` N � `\, 1•`�I 't\ � J ��\t`.. �sr �. �s � I ➢.1� i�
\ \ a • ` 1\\�i'N� A`a ch' +� 31 �� '" i `•� ���r � l� � - ,I 1
- 4'fl rs •�%�� ' kl ''' iII r� `..' —� ��.Y�h ` i
r� 2 f �� `C � k 1�1 � .` 1� f i %1 /'-= ���� \\•tom � t��., \ '
��� � `, ems- - � r � � ��' i, `\ � ," -_� ,__•_, ��, i; ;� � k $':
Xd�
Mark Laurel Homeowners Association Facility
Mark Laurel WWTP Location
Receiving Stream: East Fork Overflow Creek Subbasin: 03-13-01 not to scale
Drainage Basin: Savannah River Basin Latitude: 35° 02' 54" N
Longitude: 83°14'Or W Permitted Flow: 0.042MGD North NPDE$ Permit NCO061930
Stream Class: C-Tr-ORW 1 V m