HomeMy WebLinkAboutNC0084441_Fact Sheet_20231011FACT SHEET FOR EXPEDITED PERMIT RENEWALS
This form must be completed by Permit Writers for all expedited permits which do not require full Fact
Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc)
that can be administratively renewed with minor changes, but can include facilities with more complex
issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance
concerns).
Basic Information for Expedited Permit Renewals
Permit Writer / Date
Siying Chen 5/31/2023
Permit Number
NCO084441
Facility Name / Facility Class
SmokyMountain Country Club WWTP / WW-2
Count / Regional Office
Swain / ARO
Basin Name / Sub -basin number
Little Tennessee / 04-04-02
Receiving Stream / HUC
Conley Creek Connell Creek / 060102030304
Stream Classification / Stream Segment
C; Tr / 2-79-52
Does permit need Daily Maximum NH3 limits?
Already resent
Does permit need TRC limits/language?
Already resent
Does permit have toxicity testing? IWC (%) if so
No
Does permit have Special Conditions?
No
Does permit have instream monitoring?
Yes — Temperature and D.O.
Is the stream impaired on 303(d) list)?
No
Any obvious compliance concerns?
Two NOVs during the permit cycle
Changes in draft permit?
Added WWTP classification
Updated eDMR requirements
Added effluent turbidity monitoring
Updated receiving waters' name
Updated outfall ma
New expiration date
10/31/2027
Comments on Draft Permit?
SELC commented on trout waters temperature
Most Commonly Used Expedited Language:
• 303(d) language for Draft/Final Cover Letters: "Please note that the receiving stream is listed
as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing
impaired waters is a high priority with the Division, and instream data will continue to be
evaluated. If there is noncompliance with permitted effluent limits and stream impairment can
be attributed to your facility, then mitigative measures may be required".
• TRC language for Combliance 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."
Fact Sheet for Permit Renewal
May 2022 -- NPDES Permit NCO084441 - Page 1
Section 1. Facility Overview:
This facility is a minor facility (flow < 1 MGD) discharging 100% domestic wastewater with a design
capacity of 0.06 MGD. This WWTP utilizes the following treatment components:
♦ Equalization basin
♦ Two aeration basins
♦ Two clarifiers
♦ Chlorine disinfection
♦ Dechlorination system
♦ Sludge holding
♦ Continuous flow monitoring
After receiving an Authorization to Construct permit from the Division, the facility can construct the
necessary components to expand total treatment capacity to 0.12 MGD.
Section 2. Compliance History (November 2017 — June 2023):
One NOV for TRC monitoring frequency violation in June 2018.
One NOV for O&M (rusted parts, excessive solids level), equalization basin (the pump and
floats are broken), and effluent sampling (incorrect aliquots are being collected and the sampling
fridge was broken) violations detected during compliance inspection in April 2022.
Section 3. Chances from urevious uermit to draft:
• Added facility grade in A. (1).
• Updated eDMR footnote in A. (1) and A. (2) and language in A. (3).
• Added effluent monitoring for turbidity to determine compliance with 15A NCAC 0213.0211
(2 1) in A. (1) and A. (2).
• Updated name of receiving waters in permit cover sheet and supplement to permit cover sheet.
• Updated outfall map and outfall location.
Section 4. Comments received on draft permit:
SELC submitted comment on behalf of MountainTrue, the North Carolina Chapter of Trout
Unlimited, North Carolina Wildlife Federation, Watauga Riverkeeper, and the Southern
Environmental Law Center on August 18, 2023, in regards of the temperature standard in trout
waters. SELC raised concerns about not having a temperature standard in the permit, even
though the permittee expects to discharge effluent warmer than the maximum in -stream
temperature allowed to protect the receiving streams' uses as trout waters. In response to this,
NPDES permitting unit management discussed and decided that 100% domestic discharges do
not qualify as a " heated liquid" as stated in the rule, and thus no trout water temperature
standards should be applied to this permit.
Fact Sheet for Permit Renewal
May 2022 -- NPDES Permit NCO084441 - Page 2
Section 5. Changes from draft to final:
• No change to final permit.
Fact Sheet for Permit Renewal
May 2022 -- NPDES Permit NCO084441 - Page 3
Invoice / Affidavit
Smoky Mountain Times
Post Office Box 730
Bryson City, NC 28713
STATE OF NORTH CAROLINA
COUNTY OF SWAIN
AFFIDAVIT OF PUBLICATION
Personally appeared before the undersigned, Rachel Hoskins, who having been
duly sworn on oath that she is the Regional Publisher of the Smoky Mountain
Times, and the following legal advertisement was published in the Smoky
Mountain Times newspaper, and entered as second class mail in the Town of
Bryson City in said county and state; and that she is authorized to make this
affidavit and sworn statement; that the notice or other legal advertisement, a
true copy of which is attached hereto, was published in the Smoky Mountain
Times newspaper on the following dates:
SMCC WASTEWATER PERMIT
PUBLIC NOTICE NORTH CAROL
07/20/2023
And that the said newspaper in which such notice, paper, document or legal
advertisement was published, was at the time of each and every such
publication, a newspaper meeting all the requirements and qualifications of
Section I-597 of the General Statues of North Carolina and was a qualified
newspaper within the meaning of the Section I-597 of the General Statues of
North Carolina.
Signature of erson making affidavit
Sworn to and subscribed before me this 20th day of July, 2023.
``\\\\Uu 11 a Il1j,.11
ONE M,
�Q•,�.,....., 41,c� •��
Notary Public _ = J-•:
My Commission Expires:
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Total Cost of Advertisement: $62.19
Filed With: NCDEQ-DWR
Address: WATER QUALITY SECTION 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617
Public Notice
North Carolina Environmental
Management
Commission/NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Notice of Intent to Issue a
NPDES Wastewater Permit
NC0084441 Smoky Mountain
Country Club WWTP. The North
Carolina Environmental
Management Commission
proposes to issue a NPDES
wastewater discharge permit to
the person(s) listed below.
Written comments regarding the
proposed permit will be accepted
until 30 days after the publish
date of this notice. The Director
of the NC Division of Water
Resources (DWR) may hold a
public hearing should there be a
significant degree of public
interest. Please mail comments
and/or information requests to
DWR at the above address.
Interested persons may visit the
DWR at 512 N. Salisbury Street,
Raleigh, NC 27604 to review the
information on file. Additional
information on NPDES permits
and this notice may be found on
our website:
hftps://deq.nc.gov/public-notices-
hearings,or by calling (919) 707-
3601. Conleys Creek Limited
Partnership [1112 Conleys Creek
Road, Whittier, NC 28789] has
requested renewal of permit
NC0084441 for its Smoky
Mountain Country Club WWTP
located at 1112 Conleys Creek
Road, Whittier, NC 28789 in
Swain County. This permitted
facility discharges treated
domestic wastewater to Connelly
Creek in the Little Tennessee
River Basin. Currently Total
Residual Chlorine is water quality
limited. This discharge may affect
future allocations in this portion
Of the Little Tennessee River
Basin.
NC Division of Water Resources
Attn: Wren Thedford
1617 Mail Service Center
Raleith, NC 27699-1617
07/20/2023 770514
NH3/TRC WLA Calculations
Facility: Smoky Mountain Country Club WWTP
PermitNo. NCO084441
Prepared By: Siying Chen
Enter Design Flow (MGD): 0.06
Enter s7Q10 (cfs): 4.21
Enter w7Q10 cfs : 4.94
Total Residual Chlorine (TRC)
Daily Maximum Limit (ug/1)
Ammonia (Summer)
Monthly Average Limit (mg NH3-N/1)
s7Q10 (CFS)
4.21
s7Q10 (CFS)
4.21
DESIGN FLOW (MGD)
0.06
DESIGN FLOW (MGD)
0.06
DESIGN FLOW (CFS)
0.093
DESIGN FLOW (CFS)
0.093
STREAM STD (UG/L)
17.0
STREAM STD (MG/L)
1.0
Upstream Bkgd (ug/1)
0
Upstream Bkgd (mg/1)
0.22
IWC (%)
2.16
IWC (%)
2.16
Allowable Conc. (ug/1)
787
Allowable Conc. (mg/1)
36.3
Ammonia (Winter)
Monthly Average Limit (mg NH3-N/1)
Fecal Coliform
w7Q10 (CFS)
4.94
Monthly Average Limit:
200/100ml DESIGN FLOW (MGD)
0.06
(If DF >331; Monitor)
DESIGN FLOW (CFS)
0.093
(If DF<331; Limit)
STREAM STD (MG/L)
1.8
Dilution Factor (DF)
46.27 Upstream Bkgd (mg/1)
0.22
IWC (%)
1.85
Allowable Conc. (mg/1)
85.7
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)
3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis)
If the allowable ammonia concentration is > 35 mg/L, no limit shall be imposed
Fecal Coliform
1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni)
NH3/TRC WLA Calculations
Facility: Smoky Mountain Country Club WWTP
PermitNo. NCO084441
Prepared By: Siying Chen
Enter Design Flow (MGD): 0.12
Enter s7Q10 (cfs): 4.21
Enter w7Q10 cfs : 4.94
Total Residual Chlorine (TRC)
Daily Maximum Limit (ug/1)
Ammonia (Summer)
Monthly Average Limit (mg NH3-N/1)
s7Q10 (CFS)
4.21
s7Q10 (CFS)
4.21
DESIGN FLOW (MGD)
0.12
DESIGN FLOW (MGD)
0.12
DESIGN FLOW (CFS)
0.186
DESIGN FLOW (CFS)
0.186
STREAM STD (UG/L)
17.0
STREAM STD (MG/L)
1.0
Upstream Bkgd (ug/1)
0
Upstream Bkgd (mg/1)
0.22
IWC (%)
4.23
IWC (%)
4.23
Allowable Conc. (ug/1)
402
Allowable Conc. (mg/1)
18.7
Ammonia (Winter)
Monthly Average Limit (mg NH3-N/1)
Fecal Coliform
w7Q10 (CFS)
4.94
Monthly Average Limit:
200/100ml DESIGN FLOW (MGD)
0.12
(If DF >331; Monitor)
DESIGN FLOW (CFS)
0.186
(If DF<331; Limit)
STREAM STD (MG/L)
1.8
Dilution Factor (DF)
23.63 Upstream Bkgd (mg/1)
0.22
IWC (%)
3.63
Allowable Conc. (mg/1)
43.8
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)
3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis)
If the allowable ammonia concentration is > 35 mg/L, no limit shall be imposed
Fecal Coliform
1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni)
MONITORING REPORT(MR) VIOLATIONS for:
Permit: nc0084441 MRS Betweei 11 - 2017 and 6 - 2023 Region: %
Facility Name: % Param Nam(% County: %
Major Minor: %
Report Date: 06/05/22 Page 1 of 1
Violation Category:% Program Category:
Subbasin: % Violation Action: %
PERMIT: NCO084441 FACILITY: Conleys Creek Limited Partnership - Smoky Mountain COUNTY: Swain REGION: Asheville
Country Club
Monitoring Violation
MONITORING VIOLATION UNIT OF CALCULATED %
REPORT OUTFALL LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION
06-2018 001 Effluent Chlorine, Total Residual 06/02/18 2 X week ug/I Frequency Violation Proceed to NOV
SOUTHERN 48 Patton Avenue, Suite 304 Telephone 828-258-2023
ENVIRONMENTAL Asheville, NC 28801 Facsimile 828-258-2024
LAW
CENTER
August 17, 2022
Via Email
Charles Weaver and Siying Chen
N.C. Dept. of Environmental Quality
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
publiccomments@ncdenr.gov
Re: Application of the trout waters temperature standard in draft NPDES Permit
Nos. NC0078697, NC0070394, NC0084441, and NC0023086.
Dear Mr. Weaver and Ms. Chen:
Please accept the following comments submitted on behalf of MountainTrue, North
Carolina Trout Unlimited State Council, North Carolina Wildlife Federation, 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 four recently noticed
draft National Pollutant Discharge Elimination System ("NPDES") permits: Draft Permit Nos.
NCO078697 (Six Oaks Complex WWTP), NCO070394 (Willowbrook Park WWTP),
NCO084441 (Smoky Mountain Country Club WWTP), and NCO023086 (Fontana Dam WWTP).
These permits would all authorize discharges into designated trout waters.' Proper application of
the trout waters temperature standard is critical to protecting trout populations in North Carolina.
Unfortunately, all four draft permits leave the affected populations at risk by failing to ensure
trout streams remain sufficiently cool.
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
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
1 See NPDES Draft Permit Nos. NCO078697 (Six Oaks Complex WWTP) (July 25, 2023), at 2 (noting discharge
into Green River, a Class B trout water and HQW in the Broad River Basin); NCO070394 (Willowbrook Park
WWTP) (July 11, 2023), at 2 (noting discharge into Coweeta Creek, a Class B trout water in the Little Tennessee
River Basin); NCO084441 (Smoky Mountain Country Club WWTP) (July 11, 2023) (noting discharge into Conleys
Creek, a Class C trout water in the Little Tennessee River Basin); and NCO023086 (Fontana Dam WWTP) (Aug. 8,
2023), at 2 (noting discharge into the Little Tennessee River, a Class C trout water)-
2 Trout Species of North Carolina, Fly Fishing NC (accessed Dec. 16, 2022), https://www flyfishingnc.com/trout-
species-of-north-carolina.
Charlottesville Chapel Hill Atlanta Asheville Birmingham Charleston Nashville Richmond Washington, DC
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 placing additional thermal pressure on
water temperatures. By 2060, western North Carolina is predicted to see 10-20 more days each
year with air temperatures above 35 °C (95 °F), increasing the potential for water temperatures to
rise above 21.1 °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.
IL 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
2B.030 I (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 watersprovides that water
temperature is:
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
s S. Envtl. L. Ctr., Comments on North Carolina's Draft 2022 § 303(d) List (Feb. 28, 2022).
4 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_September20
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/0/Fishing/documents/Economic-Impacts-Trout-
Fishing.pdf.
.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 parts —a 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 four 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 four 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 three cases (Willowbrook Park, Fontana Dam, and Six
Oaks) newly including in -stream monitoring requirements for temperature. We applaud DEQ
for taking notice of the importance of monitoring water temperature for the protection of trout
6 Fact Sheet for NPDES Permit No. NC0067318 (Jan. 13, 2023).
7 The third draft permit (for Smoky Mountain Country Club WWTP) continues to include temperature monitoring
standards imposed in prior permitting cycles.
waters. That said, Willowbrook Park's draft permit (and prior permit) require daily monitoring of
effluent temperature,$ while Fontana Dam's, Six Oaks", and Smoky Mountain Country Club's
draft permits only require weekly effluent temperature monitoring.10 All four permits should
require daily effluent monitoring for temperature. But most importantly, the final documents
must include permit limits to prevent violations of water quality standards, including the trout
waters temperature standard.
The draft permit for the Smoky Mountain Country Club WWTP exemplifies why permit
limits for temperature are necessary. Smoky Mountain's application materials indicate an
estimated summer maximum effluent temperature of 27 °C, far exceeding the 20-degree
maximum set for trout waters." In fact, the discharge's average summer effluent temperature is
22.3 °C.12 These concerns are magnified by the draft permit's inclusion of provisional
authorization to double the facility's design flow of 60,000 gallons per day to 120,000 gallons
per day. 13 Similarly, Willowbrook Park's permit materials indicate an average summer
temperature of 19.9 °C and a maximum summer temperature of 25 °C.14 There is therefore a
substantial risk that both dischargers will violate both the delta and absolute temperature limits
applicable to discharges to 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, 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
protected by the 20 °C standard.15 The 2022 303(d) Integrated Report does not disclose which
8 See Draft NPDES Permit No. NCO070394 (July 11, 2023), at 3 (requiring "daily" monitoring frequency for
effluent testing and weekly monitoring of temperature upstream and downstream of the discharge).
9 Six Oak's permit application should be denied outright. This facility has not been constructed despite receiving an
Authorization to Construct in 1995. The permit application does not include information sufficient for DEQ to
comply with requirements under 15A N.C. Admin. Code 2H.0107, and whatever information was provided in 1995
is now stale. The applicant can apply for a new NPDES permit when they are prepared to move forward with their
project.
10 Draft NPDES Permit No. NCO084441, at 3; Draft NPDES Permit No. NC078697, at 3 (setting "weekly"
frequency for both effluent and in -stream temperature monitoring)
11 Renewal Application for NPDES Permit No. NCO084441 (Smoky Park Country Club WWTP) (Mar. 21, 2023), at
13.
12 Id.
" See Draft NPDES Permit No. NC0084441, at 2 (authorizing the permittee to "construct the necessary components
to expand total treatment capacity to 0.12 MGD" pending a construction permit from the agency).
14 Renewal Application for NPDES Permit No. NCO070394 (Willowbrook Park WWTP) (Mar. 20, 2023), at 13.
15 See supra note 3.
al
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 four 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.
IV. 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. NC0078697, NC0070394, NC0084441, and NC0020386.
Please notify Henry Gargan at hgargannselcnc.org 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
hgargangselcnc.org
Patrick Hunter
Managing Attorney
Southern Environmental Law Center
5
From: Mike Cornblum
To: Chen, Siying
Subject: [External] RE: NPDES Permit Issuance - Smoky Mountain Country Club WWTP (NC0084441)
Date: Wednesday, October 11, 2023 3:26:25 PM
Attachments: imaae002.a_na
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Ms. Chen,
I received, was able to open and view the document and have saved/printed a copy for my records.
Thank you.
Mike Cornblum
From: Chen, Siying [mailto:siying.chen@deq.nc.gov]
Sent: Wednesday, October 11, 2023 1:38 PM
To: cornblum@dnet.net
Cc: environmentalinc@aol.com; Boss, Daniel J <danie1.boss@deq.nc.gov>; Weaver, Charles
<charles.weaver@deq.nc.gov>
Subject: NPDES Permit Issuance - Smoky Mountain Country Club WWTP (NC0084441)
Hi Mr. Cornblum,
Attached is the final NPDES permit renewal for Smoky Mountain Country Club WWTP (NC0084441).
The permit will be effective on December 1, 2023.
Please respond to this email confirming that you received the attached document, were able to
open and view the document and have saved/printed a copy for your records.
Thank you!
Siying (Sylvia) Chen (she/her/hers)
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (919) 707-3619
siying.chen(@deq.nc.gov
iie��D EE
Deparlm AalFmlrunmeMalOualdy
Email correspondence to and from this address is subject to the North
Carolina Public Records Lair and may be d+scfused to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Michael Cornblum
Conleys Creek Limited Partnership
1112 Conley's Creek Rd
Whittier, NC 28789
Subject: Permit Renewal
Application No. NCO084441
Smoky Mountain Country Club
Swain County
Dear Applicant:
NORTH CAROLINA
Environmental Quality
March 21, 2023
The Water Quality Permitting Section acknowledges the March 21, 2023 receipt of your permit renewal application and
supporting documentation. Your application will be assigned to a permit writer within the Section's NPDES WW permitting
branch. Per G.S. 15OB-3 your current permit does not expire until permit decision on the application is made.
Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. The
permit writer will contact you if additional information is required to complete your permit renewal. Please respond in a
timely manner to requests for additional information necessary to allow a complete review of the application and renewal
of the permit.
Information regarding the status of your renewal application can be found online using the Department of Environmental
Quality's Environmental Application Tracker at:
htti)s•//deg nc gov/permits-regulations permit guidance/environmental application tracker
If you have any additional questions about the permit, please contact the primary reviewer of the application using the
links available within the Application Tracker.
ec: WQPS Laserfiche File w/application
Sincerely & ,,,,�
"(
Cynthia Demery
Administrative Assistant
Water Quality Permitting Section
North Carofim De ma mof EnAmnmemal Quality I DMslonor Water Rewur s
Ashe4e RryIo wl Office 12090 U5. Highway 7o 15wannanua, North GMIm 28778
8262964500
North Carolina
Department of Environmental Quality Modified Application Form 2A
Division of Water Resources Revised March 2021
Modified Application
Form 2A
Minor sewage Facilities < o.1 MGD
and No Pretreatment Program
NPDES Permitting Program
RECEIVED
MAR 2 0 2023
NCDEQ/DWR/NPDES
Note: Complete this form if your facility is a MINOR new or existing publicly owned treatment works.
Form=NCvironmental
NPDESILITIES (Bel
uk in denial
F
name
city or town
S
t ' e.-
Contact name (first and last) PI
Title
11idyAi �rnbII4 rj
Location address (street, route number, or other speck identifier)
is mis application for a facility that has yet to commence
❑ Yes + See instructions on data submission
requirements for new dischargers.
❑ Yes
or town
Modified
Won for NPDES Permit to DischarJ astewater
this form, Pl6aSe read the instructions. Failure to follow
as mailing address
No
ye No 4 SKIP to Item 1.4.
1.4 Is the applicant the facilRy's owner, operator, or both? (Check only one response.)
Owner ❑ Operator
1.5 To which entity shuldothe NPDES penniking author ty send correspondence? (Che k my one response.)
Both
❑ Facility ❑ Applicant sue/ Facility and applicant
1.6 Indicate below any existing environmental permits.
" numberforeach.)
�-. Existing
NPDES (discharges to surface RCi
E ae � 1
2 ❑ PSD(air emissions) ❑
Non
w
a
j ❑ Ocean dumping (MPRSA) ❑ prer
404)
(they are one end the same)
apply and print or type the corresponding permit
i Permits'
s waste) ❑ 1 C (underground injection
control)
Program
Page 7
NPDES R
Kc Lu L1i
1.7 Provide the collections stem i
F.r �. Pgbdad+
Served
o
iLuh
a
„t.
y
e
Total
Population PI'1�%G1ie
Sewed �aCl �ti'
1
`-11
I r t p trl�-iAi, &b m
I ; {7
I f
Modified Application Fan 2A
Modified March 2021
bweloowwYful irliefreatment works.
ction System Type
icate nta a
Ownership Status.
arate sanitary sewer
Own
❑Maintainbined
0:�7
storm and sanitary sewer
❑ Own
❑
Maintain
wn❑
Own
❑
Maintain
arate sanitary sewer
❑ Own
❑
Maintainbined
storm and sanitary sewer
❑ Own
❑
Maintain
n
❑ Own
❑
Maintain
%separate sanitary sewer
❑ Own
❑
Maintain
_
%combined storm and sanitary sewer
❑ Own
❑
Maintain
❑
Unknown
❑ Own
❑
Maintain
°w separate sanitary sewer I
❑ Own
❑
Maintain
n
%combined storm and sanitary sewer
1�_�.__.._
❑ Own
❑
Maintain
'
Separate Sanitary Sewer System
Total percentage of each type of
�11.8
sewer line in milesInn %
Is the treatment
woo s located in Indian Country?
v'_.
❑ Yes Q� No
1.9
'
Does the facility discharge to a receiving water that flows th,.�/ rough Indian Country?
El5 Yes No
1.10
Provide design entire ctual flow rates in the designated spaces.
is
ffi
Annual Average Flow Rates Actual
c �
Two Years.Ago Last Year
01
_
�11:' mgd
mgd
�
RtaximumDaN Flow Rates Actual
Two Years Aae , _ . —
L Lc-f mgd � mgd ti
T Provide the total number of effluent dischar e oints to waters of the State of North Carolina b I
Total AFumber of Effluent Disch a Points by Typa�
Treated Effluent Untreated EffluentCombined Sewer Overflows Bypass
3 I
U C) U mgd
This Year
mgd
This Year
1 mgd
oe.
Constructed
Pde2
NPDES Permit Number J ('�
Facili Name Modified Applicafian Pon 2A
1, Q U U Mofted March 2021
Dat�8MaOther Thanto WBters of the of.Nath i;8tofl(18 �(j'J 'V _
1.12 Does the POTW discharge wastewater to basins, ponds, or other surface impoundments that do not have outlets
for discharge to waters of the State of North Carolina?
❑ Yes ❑ No 4 SKIP to Item 1.14.
1.13 Provide the location of each surface impoundment and associated discharge information in the table below.
Surface Im undment Locatiat and Disch a Data
Average Daily Volume
Location Discharged to Surface Continuous or Internittert
Im oundment (check one)
gpd ❑ Continuous
❑ Intermittent
gpd ❑ Continuous
❑ Intermittent
c gpd ❑ Continuous
o ❑ Intermittent
1.14 Is wastewater applied to land?
❑ Yes _/
L1G No SKIP to Item 1.16.
1.15 Provide the land a lication site and dischar a data re nested below.
ia
Land lication Site and Dlscha a Data
Location Size AverageDaifyvolume
Continuous
ED
Applied
dledc ore
acres gpd
❑
Continuous
^m
❑
Intermittent
g
acres gpd
❑
Continuous
v
❑
Intermittent
acres gpd
❑
Continuous
16
Is effluent transported to another facil ty for treatment pr or to discharge?
❑
Intermittent
o; t
❑ Yes �° No SKIP to Item 1.21.
1.17
Describe the means by which the effluent is transported (e.g.. tank truck, pipe).
1.18
Is the effluent transported by a party other than the applicant?
❑ Yes ❑ No 4 SKIP to Item 1,20.
1.19
Provide information on the trans other below.
Trans r Data
Entity name
Mailing address (street or P.O.
box)
City or town State
ZIP code
Contact name (first and last) Title
Phone number Email address
Page 3
SVVV'n/la NAAIIAAflrr1
NPDES Permit Number Facili Name
r r r
Modified Application Form 2A
N IL !i Cuui
Modified Mamh 2021
1.20
In the table below, indicate the name, address, contact informatio PDES number, and average daily flow rate of the
receivin facili .
Facility name
Mailing address (street or P.O. box)
e
City or town
State
ZIP code
S
Contact name (first and last)
Titie
c
Phone number
Email address
NPDES number of receiving facility (if any) ❑ None
m
Average daily flow rate mgd
c
1.21
Is the wastewater disposed of in a manner other than those already mentioned in Items 114 through 1.21 that do
not have outlets to waters of the State of North Carolina (e.g., underground percolation, underground injection)?
LX
❑ Yes No 4 SKIP to Item 1.23.
U
,o
1.22
Provide information in the table below on these other dis osal methods.
ther
al MethodsDisposalMethod777
Annual Average
Daily Discharge
Continuous or inDescri
»
!
e
Volume�acres
(check one)
gpd
❑ Continuous❑
Intermittent
cres
gpd
❑ Continuous
❑ Intermittent
cres gpd ❑ Continuous
1.23
❑ Intermittent
Do you intend to request or renew one or more of the variances authorized at 40 CFR 122.21(ri (Check all that apply.
Consult with your NPDES permitting authority to determine what information needs to be submitted and when.)
m
❑ Discharges into marine waters (CWA ❑ Water quality related effluent limitation (CWA Section
Section 301(h)) 302(b)(2))
Not applicable
1.24
Are any operational or maintenance aspects (related to wastewater treatment and effluent quality) of the treatment works
Vesponsibility of a contractor?
Yes ❑ No +SKIP to Section 2.
1.25
Provide location and contact information for each contractor in addition to a descripflon of the contractor's operational
and maintenance responsibilities.
Contractor information
Contractor
Contractor
Contractor 3
r6'I
Contractor name
company name
Mailing address
street or P.O. box
City, state, and ZIP
code
l
Contact name (first and
{
last
Phone number
_
Email address
I
I hC C
Operational and
/fir t t
l Wl
"
maintenance
responsibilities of�
f�,r
I tU15 tIfy
t ,
Lfi i�leula v�e�
contractor
Page4
Modified Application Form 2A
Modred March 2021
2.1 Does the treatment works have a design flow greater than or equal to 0.1 mgd?
o ❑ Yes p� No � SKIP to Section 3.
2.2 Provide the treatment works' current average daily volume of inflow Avera a Daily Volume of inflow and lnfiitration
and infiltration.
z
gpd
Indicate the steps the facility is taking to minimize inflow and infiltration.
2.3 Have you attached a topographic map to this application that contains all the required information? (See instructions for
specific requirements.)
Q�
w ❑ Yes ❑ No
E- 2.4
Have you attached a process flow diagram or schematic to this application that contains all the required information?
(See instructions for specific requirements.)
`
❑ Yes ❑ No
2.5
Are improvements to the facility scheduled?
❑ Yes ❑ No 4 SKIP to Section 3.
Briefly list and describe the scheduled improvements.
1.
E
m
a
2.
LL
�O
3.
v
m
4.
a
R 2.6
Provide scheduled or actual dates of com letion for improvements.
ro
Scheduled or Actual Dates of Cam letion for Ion rovements
m
Scheduled
Affected
alls
Begin End
to Attainment of
E
Improvement
(from above)
(lisstoutfall
Construction Construction
Discharge operational
Level
number
(MM/QQ/YYYY (MAR QQIYYYY)
MM DD,� Y1 Y)
MWDDIYYYY
2.
3.
4.
2.7
Have appropriate permits/clearances concerning other federal/state requirements been obtained? Briefly explain your
response.
❑ Yes ❑ No ❑ None required or applicable
.I
Explanation:
Page 5
Cn v
JI Ll
NPDES Permit Number F- Name Modified Application Form 2A
C�u Modified March 2021
3.1
Provide the following information for each ouffall. (Attach additional sheets if you have more than three ouffalls.)
Outfatl Number CD I_
Outfall Number _
Oulft Number„
State
(',,,.,,
TI 1
Cx LLIYI�
i
l
m
"
County
o
City or town
Distance from shore
tt.
R
ft
Depth below surface
ft.
ft.
ft.
Average daily flow rate
^t'
mgd
mgd
mgd
Latitude
35° a14
°
Longitude
O •- t A /
„
3.2
Do any of the outfalls described under Item 3.1 have seasonal or periodic discharges?
a -
❑ Yes No 4 SKIP to Item 3.4.
3.3
If so, provide the following information for each applicable ouffall.
$�
40o t1 Number
OutfallNumber��
"
glF�r�,i
Number of times per year
discharge occurs
aAverage
duration of each
`o
discharge (specify units
4O
Average flow of each
discharge
mgd
mgd
mgd
Months in which discharge
occurs
3.4
Are any of the ouffalls listed under Item 3.1 equipped with a diffuser?
❑ Yes [� No 4 SKIP to Item 3.6.
3.5
Briefly describe the diffuser t pe at each applicable outfall.
a
Outfalf Number_
Outfafl Number
OutfaH :."
0
$ 46
3.6
Does the treatment works discharge or plan to discharge wastewater to waters of the State of North Carolina from
one or more discharge points?
m
t/J Yes Q No 4SKIP to Section 6.
Page 6
�"
NPOES Permit Number Facilit me 411' 1 Modified Application Form 2A
NJG W 3 `ALt u ( ` ( � Modified March 2021
the receivin
_ 3.7 Provide water and related informationi1ifrrKnown for each utfall.
Oaffatl Number y_�
Outfali Number_
p ►�e-
Receiving water name
/ , _
`
Name of watershed, river,
Li l{ i 1 PYYI
" a
or stream system
Nr�^i
U.S. Soil Conservation
Service 14-digit watershed
code
Name of state
L i�fi� Yetl/l
.r,
management/river basin
.
U.S. Geological Survey
8-digit hydrologic
catalo in unit code
Critical low flow (acute)
cfs
cfs
cfs
"tu,
Cdticallowflow(chronic)
cfs
cfs
cfs
''.
Total hardness at critical
mg/L of mg" of mg/L of
1
low flow
CaCO3 CaCO3 CaCO3
r r
R
38
Provide the followin information
describin the treatment rovided for dischar as from each outfall.
x
Outialf Number
(krft l Number=
quEfalE Nwnbar
Highest Level of
Treatment (check all that
Primary
❑ Equivalent to
❑ Primary
❑ Equivalent to
❑ Primary
❑
apply per outfall)
secondary
secondary
Equivalent to
secondary
❑ Secondary
❑ Secondary
❑ Secondary
u
❑ Advanced
❑ Advanced
❑ Advanced
❑ Other (specify)
❑ Other (specify)
❑ Other (specify)
Design Removal Rates by
Outfall
3
BOD5 or CBOD5
%
%
%
H° -2
TSS
%
%
%
-
Phosphorus
❑ Not applicable
❑ Not applicable
❑ Not applicable
%
%
❑ Not applicable
❑ Not applicable
❑ Not applicable
Nitrogen
Other (specify)
❑ Not applicable
❑Not applicable
El Not applicable
%
%
Page 7
In
Modified Ap lication F 2A
INC.U4
�
v onn
� Modified March 2021
3.9
Describe the type of disinfection used for the effluent from each ou in the table below. if disinfection varies by
season, describe below.
c
0
o
Ouffall Number
Outfal! Member_
Outfalf Number
Disinfectiontype Q'L�
m
o
! 1C
95
Seasons used
YEo
Dechlorination used? ❑ Not applicable ❑ Not a licable
PP ❑ Not applicable
Yes ❑ Yes ❑ Yes
❑ No ❑ No ❑ No
3.10
Have you completed monitoring for all Table A parameters and attached the results to the application package?
5aYes
❑ No
3.11
Have you conducted any WET tests during the 4.5 years prior to the date of the application on any of the facility's
discharges or on any receiving water near the discharge points?
❑ Yes Do/ No 4 SKIP to Item 3.13.
3.12
Indicate the number of acute and chronic WET tests conducted since the last permit reissuance of the facility's
dischar as, b outfall number or of the receiving water near the dischar a points.
Outfall Number
Outfall Number_
Outfall Number_
Acute
Chronic
Acute
Chronic
Acute
Chronic
Number of tests Of discharge
". c.
waier
Number of tests
of receiving
water
"
IEU
3.14
Does fh se chlorine for disinfection, use chlorine elsewhere in the treatment process, or otherwise have
reasonable potential to discharge chlorine in its effluent?
Rf Yes + Complete Table B, including chlorine. ❑ No 4 Complete Table B, omitting chlorine.
3.15
Have you completed monitoring for all applicable Table B pollutants and attached the results to this application
package?
❑ Yes ❑ No
Have you completed monitoring for all applicable Table D pollutants required by your NPDES permitting authority and
r
3.18
attached the results to this application package?
❑ Yes No additional sampling required by NPDES
permitting authorfty.
Page 8
5m6Lmram In
NPDES Permit Number F �'
Name
Modified Application Form 2A
U`� u
G
Modified Maw 2021
3.19
Has the POTW conducted either (1) minimum of four quarterly WET
is for one year preceding this pe mit application
or (2) at least four annual WET tests in the past 4.5 years?
❑ Yes V
No + Complete tests and Table E and SKIP to
Item 3.26.
3.20
Have you previously submitted the results of the above tests to your NPDES permitting authority?
❑ Yes ❑
No + Provide results in Table E and SKIP to
Item 3.26.
3.21
Indicate the dates the data were submitted to our NPDES permitting
authority and provide a summary of the results.
Date(s) Submitted
MM/DD/YYYY,
Summary of Results
3.22
Regardless of now you provided your WET testing data to the NPDES permitting authority, did any of the tests result in
toxicity?
❑ Yes ❑
No + SKIP to Item 3.26.
3.23
Describe the cause(s) of the toxicity:
3.24
Has the treatment works conducted a toxicity reduction evaluation?
❑ Yes ❑
No 4 SKIP to Item 3.26.
3.25
Provide details of any toxicity reduction evaluations conducted.
3.26
Have you completed Table E for all applicable ouffalls and attached the results to the application package?
❑ Yes
Not applicable because previously submitted
information to the NPDES Permittino autho' .
Page 9
n
(/ NPD`ESS Permit fNumberl //���11 r.-�,Faadll,t Name `1� } Mod ied Applicabon Form 2A
R 1l i AJsuiyU I 1 -U- 1L YVI C—1 a v Modred March 2021
SECTION1
CERTIFICATION STATEMENT (40 r
6.1
In Column 1 below, mark the sections of Form 2A that you have completed and are submitting with your application. For
each section, specify in Column 2 any attachments that you are enclosing to alert the permitting authority. Note that not
all applicants are required to provide attachments.
Column 1
Column 2
12/ Section 1: Basic Application
Information for All Applicants
❑ wl variance request(s) ❑ wl additional attachments
®/ Section 2: Additional
❑ wl topographic map ❑ w/ process flow diagram
Information
❑ wl additional attachments
w/ Table A ❑ w/ Table D
Section 3: Information on
❑ w/ Table B ❑ w/ additional attachments
m
Effluent Discharges
E
❑ w/ Table C
A
Section 4: Not Applicable
A
c
Section 5: Not Applicable
c
v
@
Section 6: Checklist and
pQ w/ attachments
Certification Statement
N
Sc
6.2
Certification Statement
�
1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations.
Name (print or type first and last name)
Official fide
MtckA61 C'Umbtvm
Gep"al N
Signature
Date signed
3/b l23
Page 10
Water Resources
ENVIRONMENTAL QUALITY
July 28, 2017
Mr. Michael A. Cornblum, General Partner
Conleys Creek Limited Partnership
1112 Conleys Creek Road
Whittier, NC 28789
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. JAY ZIMMERMAN
Director
Subject: NPDES PERMIT ISSUANCE
NPDES Permit NCO084441
Smoky Mountain Country Club WWTP
Class WW-2
Swain County
Dear Mr. Cornblum:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached final NPDES discharge 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).
The final permit includes the following significant changes from the existing 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).
➢ Regulatory citations have been added to the permit.
➢ Outfall map has been updated.
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 permit 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 any other Federal, State, or Local governmental permit that may be required.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
https:lldeq.nc.govlaboutldivisionslwater-resourceslwater-resources-permitslwastewater-branchlnpdes-wastewater-permits
Mr. Michael A. Cornblum
NC0084441 Renewal
p. 2
If you have any questions or need additional information, please do not hesitate to contact Brianna
Young of my staff at (919) 807-6333, or via e-mail [brianna.young@ncdenr.gov].
Sincerely,
�G
S. Jay Zimmerman, P=
cc: NPDES Files
Central Files
Asheville Regional Office
Permit NC00084441
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 provisions 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,
Conleys Creek Limited Partnership
is hereby authorized to discharge wastewater from a facility located at the
Smoky Mountain Country Club WWTP
1112 Conleys Creek Road
South of Whittier
Swain County
to receiving waters designated as Conleys Creek in the Little Tennessee 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 November 1, 2017.
This permit and authorization to discharge shall expire at midnight on October 31, 2022.
Signed this day July 28, 2017
,p G
merman. P.G.
-Oirector, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 7
Permit NC00084441
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.
Conleys Creek Limited Partnership
is hereby authorized to:
1. Continue to operate an existing 0.06 MGD wastewater treatment facility with the following
components:
♦ Equalization basin
♦ Two aeration basins
♦ Two clarifiers
♦ Chlorine disinfection
♦ Dechlorination system
♦ Sludge holding
♦ Continuous flow monitoring
The facility is located at the Smoky Mountain Country Club WWTP, 1112 Conleys Creek Road,
south of Whittier, in Swain County.
2. After receiving an Authorization to Construct permit from the Division, construct the necessary
components to expand total treatment capacity to 0.12 MGD.
3. Discharge from said treatment works at the location specified on the attached map into Conleys
Creek [Stream Segment: 2-79-52], a waterbody currently classified C-Trout within subbasin
04-04-02 [HUC: 601020303] in the Little Tennessee River Basin.
Page 2 of 7
Permit NC00084441
Part I.
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.06 MGD)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expansion above 0.06
MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and
monitored' by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
Parameter Code
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample
Location2
Flow 50050
0.06 MGD
Continuous
Recorder
Influent or Effluent
BOD, 5-day (20°C) C0310
30.0 mg1L
45.0 mg/L Weekly
Composite
Effluent
Total Suspended Solids C0530
30.0 mg/L
45.0 mg/L
Weekly
2/Month
Composite
Effluent
NH3 as N C0610
Composite
Effluent
Fecal Coliform (geometric mean) 31616
Weekly
Grab
Effluent
Total Residual Chlodne3 50060
28 Ng/L
2/Week
Grab
Effluent
Temperature (°C) 00010
Weekly
Grab
Effluent, Upstream
& Downstream
Dissolved Oxygen 00300
Weekly
Grab
Upstream &
Downstream
_
pH 00400
Not < 6.0 s.0 or > 9.0 s.u.
Weekly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DVWR's
eDMR application system [see A. (3)].
2. Upstream = at least 50 feet upstream from the outfall. Downstream = at NCSR 1182.
3. 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.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 7
Permit NC00084441
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.12 MGD)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning upon expansion above 0.06 MGD and lasting until expiration, the
Permittee is authorized to discharge from outfal1001. Such discharges shall be limited and monitored'
by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
Parameter Code
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample
Location2
Flow 50050
0.12 MGD
Continuous
Recorder
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 (summer)3 C0610
18.6 mg/L
35.0 mg/L
2/Month
Composite
Effluent
NH3 as N (winter)3 C0610
2/Month
Composite
Effluent
Fecal Coliform (geometric mean) 31616
Weekly
Grab
Effluent
Total Residual Chlorine4 50060
28 Ng/L
2/Week
Grab
Effluent
Temperature (°C) 00010
Weekly
Grab
Effluent, Upstream
& Downstream
Dissolved Oxygen 00300
Weekly
Grab
Upstream &
Downstream
PH 00400
Not < 6.0 sm or > 9.0 s.u.
Weekly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's
eDMR application system [see A. (3)].
2. Upstream = at least 50 feet upstream from the outfall. Downstream = at NCSR 1182.
3. Summer = April 1 — October 31; Winter = November 1 — March 31
4. 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.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 7
Permit NC00084441
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 I1 of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.)
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)I
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring
data and submit DMRs electronically using the internet. Until such time that the state's eDMR
application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR),
permittees will be required to submit all discharge monitoring data to the state electronically using
eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one
signed original and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband access,
then a temporary waiver from the NPDES electronic reporting requirements may be granted and
discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms
approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See
"How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
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
Page 5 of 7
Permit NC00084441
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of
each electronic submission. The permittee should use the EPA's website resources to identify the initial
recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for
receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each
type of electronic submission and for each state. Instructions on how to access and use the appropriate
electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting
Rule is found at: http://www2.epa.gov/compliance/final-national pollutant-discharge-elimination-
system-Wdes-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 Rwortinp-
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://decl .nc.��ov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) M and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (I I .)(a) or by a duly authorized representative of that person as described in Part II, Section
B. (I 1.)(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 NC00084441
httv://deLi.ne.gov/about/divisions/water-resources/edm,
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. A6.11
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report.
This period may be extended by request of the Director at any time [40 CFR 122.41].
Page 7 of 7
Conleys Creek Limited Partnership
Smoky Mountain Country Club
NPDES Permit NCO084441
Receiving Stream: Conley Creek Stream Class: C-Trout
Stream Segment: 2-79-52 Sub -Basin #: 04-04-02
River Basin: Little Tennessee H UC: 601020303
County: Swain
N
A
SCALE
1:24,000
-83.36889, 35.41778
USGS Quad: Whittier
..sY ���
. t�■ �OmI OF