NC0058891_Fact Sheet_20231215

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
NCDEQ/DWR/NPDES
EXPEDITED FACT SHEET - NPDES PERMIT RENEWAL
NPDES Permit NCO058891
Caroline Robinson/Compliance&Expedited Permitting Unit/caroline.robinson(kdeq.nc.gov/Nov 2023
FACILITY INFORMATION
Applicant/Facility Name Hawksnest Utilities,Inc. (Leonard Cottom, Owner)
Valley Creek WWTP
Applicant Address/Mailing 2058 Skyline Drive, Seven Devils,NC 28604
Address
Facility Physical Address NCSR 1151,Foscoe,NC 28604
As-Built Flow(MGD) 0.01 MGD
Permitted Flow(MGD) 0.09 MGD
Type of Waste 100%Domestic, < 1 MGD
Facility Class WW-2 County Watauga
Permit Status Renewal Regional Office WSRO
STREAM CHARACTERISTICS
Receiving Stream Valley Creek Stream C; Trout
Classification
Stream Segment 8-4 Outfall Lat. 360 08'49"N
7Q 10 - Summer(cfs) 0.3 Outfall Long. 810 48'44" W
7Q10 -Winter(cfs) 0.3 Drainage basin Watauga River Basin
30Q2 (cfs) 0.7 Subbasin 04-02-01
Average Flow(cfs) — HUC 060101030301
As-Built Flow IWC(%) 4.91% - Summer&Winter 303(d)List No
Permitted Flow IWC(%) 31.74% - Summer&Winter
BASIC INFO FOR EXPEDITED PERMIT RENEWAL
Updated the monthly average NH3 as N effluent limit
for the summer months(April 1 —October 31) for 0.01
MGD flow based on the IWC calculations and 2016
NH3 guidance document. The monthly average
summer limit for NH3 as N will be 16.1 mg/L. Added
Does permit need Daily Max NH3 limits? the monthly average and daily maximum NH3 as N
effluent limits for the winter months(November 1 —
March 31) for 0.01 MGD flow. The monthly average
winter limit for NH3 as N will be 32.4 mg/L and the
weekly average winter limit will be 35 mg/L. The
changes can be found in Part 1. A. G.).
Does permit need TRC limits/footnote? No -Already present in permit.
Does permit have toxicity testing? No—not a complex wastestream
Does permit have any Special Conditions? No
Does permit have instream monitoring? Yes—U&D for Temperature and Dissolved Oxygen due to
Trout Waters
New expiration date: September 30,2027
FACILITY SUMMARY
Hawksnest Utilities,Inc. operates a 100% domestic wastewater treatment plant for 15 residents. The Valley
Creek WWTP is a minor facility(flow< 1 MGD)with an as built design capacity wastewater discharge of
Fact Sheet for Permit Renewal
Nov 2023-NPDES Permit NCO058891 -Page 1

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
0.01 MGD and a permitted wastewater discharge of 0.09 MGD. The original NPDES permit for this facility
was issued in August 1984. This facility utilizes the following treatment components:
• Influent holding tank
• Bar screen
• Aeration basin
• Clarifier with sludge return
• Aerated sludge holding tank
• Tablet chlorinator with chlorine-contact chamber
• Dechlorination
• Re-aeration chamber
RENEWAL SUMMARY
This renewal contains the following changes:
• Added effluent monitoring for turbidity to the table in Section A. (L)and the table in Section A. (2)
to determine compliance with 15A NCAC 0213.0211 (21) for Trout waters.
• Updated eDMR language for electronic data submission in Part I. A. (4).
• Updated the monthly average NH3 as N effluent limit for the summer months(April 1 —October
31) for 0.01 MGD flow based on the IWC calculations and 2016 NH3 guidance document. The
monthly average summer limit for NH3 as N will be 16.1 mg/L. The changes can be found in Part
I. A. (1.).
• Added the monthly average and daily maximum NH3 as N effluent limits for the winter months
(November 1 —March 31) for 0.01 MGD flow based on the IWC calculations and 2016 NH3
guidance document. The monthly average winter limit for NH3 as N will be 32.4 mg/L and the
weekly average winter limit will be 35 mg/L. The changes can be found in Part I. A. (L).
• Regional Office Staff and Operator Classification Staff approved the draft permit.
COMPLIANCE HISTORY
Valley Creek WWTP has had no enforcements since 2009. The facility was issued a NOV on March 21,
2023;however, it was retracted on April 21,2023 because the wrong effluent limits were placed in BIMS
and the facility was not out of compliance for the current as-built wastewater discharge flow of 0.01 MGD.
BIMS has been corrected to reflect effluent limits and monitoring requirements for the correct wastewater
discharge flow. Most recent inspection(October 2019) showed the facility to be in compliance.
COMMENTS ON DRAFT PERMIT
Ben Kirby(Winston-Salem Regional Office)noted:
• The Public Water Supply Section concurs with the issuance of this permit provided the facility is operated
and maintained properly,the stated effluent limits are met prior to discharge,and the discharge does not
contravene the designated water quality standards,with the following note:
o The currently allowable permitted flow is listed as 0.01 MGD. Given that significant digits can play
a major role in compliance determinations,the instances of"0.010 MGD"(see pages 3 and 5 of the
Draft Permit)should be revised to"0.01 MGD". Similarly,the"0.090 MGD"in the Draft Permit
limit table(pg. 5)should probably be"0.09 MGD".At a minimum,the significant digits should be
consistent.
• Southern Environmental Law Center(SELL)sent a standard comment letter requesting a temperature limit
for this trout water discharge.NPDES management determined that effluent from 100%domestic WWTPs is
not a heated liquid,as specified in Rule 15A NCAC 02B.0211,as treatment occurs at ambient temperature
with no artificial heating.No limit was added.
Fact Sheet for Permit Renewal
Nov 2023-NPDES Permit NCO058891 -Page 2

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
IWC Calculations
Facility: Valley Creek WWTP
Permit No.: NC0058891
Prepared By:Caroline Robinson
Enter Design Flow(MGD): 0.01 0.09 <= Permitted Flow if Different from Design
Enter s7Q10(cfs): 0.3
Enter w7Q10(cfs): 0.3
Total Residual Chlorine(TRC) Ammonia(Summer)
Daily Maximum Limit(ug/1) Monthly Average Limit(mg NH3-N/1)
Design Permitted Design Permitted
s7Q10(CFS) 0.3 0.3 s7Q10(CFS) 0.3 0.3
DESIGN FLOW (MGD) 0.01 0.09 DESIGN FLOW (MGD) 0.01 € 0.09
DESIGN FLOW (CFS) 0.0155 0.1395 DESIGN FLOW(CFS) 0.0155 0.1395
STREAM STD(UG/L) 17.0 17 STREAM STD(MG/L) 1.0 1
Upstream Bkgd (ug/I) 0 0 Upstream Bkgd (mg/1) 0.22 0.22
IWC(%) 4.91 31.74 IWC(%) 4.91 31.740614
Allowable Conc.(ug/1) 346 54 Allowable Conc.(mg/1) 16.1 2.7
Ammonia(Winter)
Monthly Average Limit(mg NH3-N/1)
Design Permitted Design Permitted
Fecal Coliform w7Q10(CFS) 0.3 0.3
Monthly Average Limit: 200/100ml 200/100ml DESIGN FLOW (MGD) 0.01 0.09
(If DF>331; Monitor) DESIGN FLOW(CFS) 0.0155 0.1395
(If DF<331; Limit) STREAM STD(MG/L) 1.8 1.8
Dilution Factor(DF) 20.35 3.15 Upstream Bkgd (mg/1) 0.22 € 0.22
IWC(%) 4.91 31.74
Allowable Conc.(mg/1) 32.4 € 5.2
*2B .0404(c)Applies
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
By Policy dischargers< 1 MGD get limits no lower than 2&4 due to BAT
*From 2B .0404(c)-Winter Limits can be no less stringent than 2 times the summer limits
Fecal Coliform
1. Monthly Avg limit x 2=400/100 ml =Weekly Avg limit(Municipals)= Daily Max limit(Non-Muni)

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secremry
Water Resources
ENVIRONMENTAL QUALITY S. JAY ZIMMEi RMAN
Director
Memorandum
To: NPDES Complex Unit
From: Tom Belnick
Date: July 20, 2016
Subject: NPDES Permitting Guidance
NPDES Implementation of Ammonia Criteria-Update
NC has still not adopted an ammonia standard, though it is on our WQS Triennial List for next
round. NC did establish ammonia chronic criteria for use in NPDES permitting back in 1989/90,
which was based on EPA's 1986 criteria development document that factored in pH/Temp across
three regions of the State (see attached). This evaluation resulted in ammonia chronic criteria of
1.0 mg/l NH3-N (summer) and 1.8 mg/l NH3-N (winter) for use in permitting purposes. NC
implements these chronic criteria as Monthly Averages limits utilizing instream dilution. In
2002,NC developed procedures for complimentary acute permit limits (discussed below).
The current ammonia permitting procedures should be as follows:
• The NH3/TRC Wasteload Allocation(WLA) spreadsheet automatically calculates
appropriate ammonia Monthly Average limits for summer and winter. The spreadsheet
assumes a background ammonia concentration of 0.22 mg/1.
• For any permit (new/renewal), always run the NH3/TRC WLA spreadsheet to verify
appropriate Monthly Average Ammonia Limits for protection of aquatic life.
• If the allowable ammonia concentration is greater than 35 mg/l,no limit should be
imposed.
• If the allowable concentration is less than 35 mg/1,then the allowable limit is needed and
the spreadsheet will automatically calculate it.
• For Municipal facilities,the acute limit will be expressed as a Weekly Average, and is
based on multiplying the Monthly Average limit by a factor of 3.
• For non-Municipal facilities,the acute limit will be expressed as a Daily Maximum, and
is based on multiplying the Monthly Average limit by a factor of 5.
• If a new more stringent ammonia limit is required, discuss the need for a Compliance
Schedule with senior staff and then with the Permitee.
• There is no RPA procedure used for ammonia; it is implemented strictly based on WLA
spreadsheet results (similar to TRC).
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919 707 9000

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
Page 12
• A sample NH3/TRC WLA is attached. In this example, the spreadsheet indicates that
Monthly Average ammonia limits of 3.2 mg/1 and 12.7 mg/1 should be imposed for
summer and winter, respectively, in order to protect for NC's chronic ammonia criteria.
Some additional considerations:
• This guidance will need to be revisited after NC formally adopts an ammonia standard for
both chronic and acute aquatic life protection.
• In the past, some ammonia limits were based strictly on protection of our DO standard
rather than ammonia toxicity, and that is why the permit writer should always verify the
correct ammonia limit with any permit renewal using the WLA spreadsheet.
• In the past, some practices allowed for maintaining a less stringent ammonia limit if the
facility was consistently passing the WET test(i.e., biology trumps chemistry). This is
no longer a valid approach and EPA would object. In April 2016 EPA expressly stated
that NC cannot use biology to override chemical results. EPA also disallowed the use of
Action Levels in permitting, in which toxicity test results (if passing) were used to
override the need for permit limits for copper/zinc/silver/iron/chloride.

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
i
_ ' • AMMONxA CRXTERTA TABLES (NH3 as N)
Based on EPA recommended 4-day maximum average concent.ration criteria
- r
j - Mountains and Trout 'Wdters
I
EMPE URE
H °C 2 C
6.8 025 0 31 U xo ed o, at
7. 0. 5 mg/01 s
TEMPERATURE
H 12°C 23°C .
6.8 1.8084 1.0028 Total Ammonia
7.5 1•.8084 1.0111 (mg/l NH3 as N)
<`- (:Piddmont Freshwaters
T MPE TUFF 5
fi °C r F 26° Af
� �0136 b.:00A4 n=xor�`' � u�ed' oni�
7. 0. 44 ..,.`� :01`4 .:; � /1 xNH3 as )
4 = d ,,
TEMPERATURE
H 14°C 260C
6.8 1.8084 1.1344 Total Ammonia
7.5 1.8084 1.1541 (mg/1 NH3 as N)
'r
Coastal Plain and Sandhills Freshwaters '
f
T MP r RA�tPU
{ •- H 1C 8°
i W5W
0. 0V 0 0 4 (Aftlm
ri414�
o��ia
6 0.'02 gV d �a
TEMPERATURE
H 160C 28°C
6.8 1.7920 0.9700 Total Ammonia
7.5 1.7920 0.9864 (mg/1 •NH3 as N)
• r
UV E
Somal
10/19/89
} ` t®0

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
NH3/TRC WLA Calculations
Facility: Anywhere USA
NC00
Prepared By: Tom Belnick
Enter Design Flow(MGD): 0.03
Enter s7Q10 (cfs): 0.13
Enter w7Q10 (cfs): 0.32
Total Residual Chlorine(TRC) Ammonia (Summer)
Daily Maximum Limit(ug/1) Monthly Average Limit(mg NH3-N/1)
s7Q10 (CFS) 0.13 s7Q10 (CFS) 0.13
DESIGN FLOW(MGD) 0.03 DESIGN FLOW(MGD) 0.03
DESIGN FLOW(CFS) 0.0465 DESIGN FLOW(CFS) 0.0465
STREAM STD (UG/L) 17.0 STREAM STD (MG/L) 1.0
Upstream Bkgd (ug/1) 0 Upstream Bkgd (mg/1) 0.22
IWC (%) 26.35 IWC (%) 26.35
Allowable Cone. (ug/1) 65 Allowable Cone. (mg/1) 3.2
Ammonia (Winter)
Monthly Average Limit(mg NH3-N/1)
Fecal Coliform w7Q10 (CFS) 0.32
Monthly Average Limit: 200/100mi DESIGN FLOW(MGD) 0.03
(If DF >331; Monitor) DESIGN FLOW(CFS) 0.0465
(If DF<331; Limit) STREAM STD (MG/L) 1.8
Dilution Factor(DF) 3.80 Upstream Bkgd (mg/1) 0.22
IWC (%) 12.69
Allowable Cone. (mg/1) 12.7
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/l, Monitor Only
2. Monthly Avg limit x 3 = Weekly Avg limit(Municipals); capped at 35 mg/I
3. Monthly Avg limit x 5 = Daily Max limit(Non-Munis); capped at 35 mg/I
Fecal Coliform
1. Monthly Avg limit x 2 =400/100 ml= Weekly Avg limit(Municipals) = Daily Max limit(Non-Muni)

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
Permit Enforcement History by Permit
Permit: NC0058891 Facility: Valley Creek WWTP Owner: Hawksnest Utilities
Region: Winston-Salem County: Watauga
Penalty Remission Enforcement EMC Collection Has
Assessment Penalty Enforcement Request Conference Hearing Memo Sent Payment Case
Case Approved Amount Costs Damages Received Held Held To AGO Total Paid Balance Due Plan Closed
WQ-1987-0079 04/21/88 $2,300.00 $70.00 $0.00 06/15/88 09/01/88 09/14/89 $1,220.00 $0.00 No 10/25/89
LV-1993-0047 12/02/93 $2,000.00 $316.44 $0.00 01/26/94 $1,014.64 $1,301.80 No 07/18/96
LV-2000-0493 11/30/00 $1,000.00 $68.00 $0.00 11/20/02 $1,068.00 No
LM-2003-0311 07/14/03 $1,050.00 $83.00 $1,133.00 $0.00 No 08/19/03
LM-2003-0324 09/18/03 $950.00 $83.00 10/16/03 12/03/03 03/11/04 $633.00 $0.00 No 01/25/06
LV-2009-0202 06/24/09 $100.00 $110.00 $0.00 $210.00 $0.00 No 07/24/09
Total Cases: 6 $7,400.00 $730.44 $4,210.64 $2,369.80
Total Penalties: $8,130.44 Total Penalties after $6,580.44

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
MONITORING REPORT(MR)VIOLATIONS for: Report Date: 09/21/22 Page 1 of 1
Permit: NC005889 MRs Betweel 2 - 2017 and 9 - 2023 Region: % Violation Category:Limit Violation Program Category:NPDES WW
Facility Name:% Param Nam(% County: % Subbasin:% Violation Action:%
Major Minor: %
PERMIT: FACILITY: COUNTY: REGION:
MONITORING VIOLATION UNIT OF CALCULATED %
REPORT LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
From: Kirby,Ben
To: Robinson.Caroline
Cc: Fox,Shawn
Subject: RE: Draft Permit Review NCO058891
Date: Friday,September 22,2023 2:39:31 PM
Attachments: imaae002.i)na
imaae001rina
Caroline,
The Public Water Supply Section concurs with the issuance of this permit provided the facility is
operated and maintained properly, the stated effluent limits are met prior to discharge, and the
discharge does not contravene the designated water quality standards, with the following note:
• The currently allowable permitted flow is listed as 0.01 MGD. Given that significant digits can
play a major role in compliance determinations, the instances of"0.010 MGD" (see pages 3
and 5 of the Draft Permit) should be revised to "0.01 MGD". Similarly, the "0.090 MGD" in the
Draft Permit limit table (pg. 5) should probably be "0.09 MGD". At a minimum, the significant
digits should be consistent.
Thanks,
Ben Kirby (he/him/his)
Assistant Regional Engineer, Winston-Salem Regional Office
Division of Water Resources, Public Water Supply Section
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
ben.kirby_&deq.nc.gov
0R;;H CAROLINA 7_ Q�'r- 1�
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Robinson, Caroline<[e-mail]>
Sent: Friday, September 22, 2023 12:09 PM
To: Kinney, Maureen <Maureen.Kin [e-mail]>; Kirby, Ben <[e-mail]>
Cc: Fox, Shawn <[e-mail]>
Subject: Draft Permit Review NCO058891
Hi Ben and Maureen,
The NCO058891 draft permit renewal is ready for review! The draft permit renewal for Valley Creek
WWTP (NC0058891) will go to Notice on 10/10/2023. Please send me any comments as time
permits.

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
Thanks,
Caroline
Caroline Robinson (she/her/hers)
Environmental5pecialist ll, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] / Cell: [phone]
caroline.robinson(@deq.nc.gov
Q7>
NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed 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.

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
STATE OF NORTH CAROLINA
WATAUGA COUNTY
Public Notice.
North Carolina Environmen-
tal Management Commis-
sion/NPDES Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
Notice of Intent to Issue a
NPDES Wastewater Permit
NCO058891 Hawksnest Utilities
Valley Creek WWTP The North
Carolina Environmental Man-
NCDEQDWR/WATAUGA COUNT agement Commission proposes
to issue a NPDES wastewater
1617 Mail Service Ctr discharge permit to the
person(s) listed below. Written
Raleigh,NC 27699-1617 comments regarding the pro-
posed permit will be accepted
until 30 days after the publish
date of this notice.The Director
AFFIDAVIT OF PUBLICATION of the NC Division of Water Re-
sources(DWR)may hold a pub-
lic hearing should there be a
significant degree of public inter-
Before a undersigned,a Notary Public of said County and State, duly commissioned, est. Please mail comments
and/or information reuest to
quali e ,and autho ed b law to administer oaths,personally appeared DWR at the above address.s
in-
who being first duly sworn,deposes and says: that terested persons may visit the
DWR at 512 N.Salisbury Street,
he(she) is an employee of ADAMS PUBLISHING GROUP,LLC,engaged in the publication Raleigh,NC 27604 to review the
information on file. Additional in-
of a newspaper known as Watauga Democrat,published in the city of BOONE in said formation on NPDES permits
and this notice may be found on
County and State,that he(she) is authorized to make this affidavit and sworn statement; that the our website:
hftps:Hdeg.nc.gov/public-no
notice or other legal advertisement,a true copy of which is attached hereto,was published in tices-hearings, or by calling
[phone].Hawksnest Util-
Watauga Democrat,a newspaper meeting all of the requirements and qualifications of Section sties applied to renew NPDES
I-597 of the General Statues of North Carolina on the followingdates: permit NC0058891 for the
Hawksnest Utilities Valley Creek
WWTP(NCSR 1151,Foscoe)in
Watauga County. This facility
NCO058891 Hawksnest Utilities Valley discharges to Valley Creek in
the Watauga River Basin. Cur-
10/11/23 rently ammonia nitrogen, dis-
solved oxygen, fecal coliform,
and total residual chlorine(TRC)
are water quality limited. This
discharge may affect future
wasteload allocations in this por-
tion of Valley Creek.
E °s � t di
Wa 0
4"1
a s/'Yjrm��'
P.O.BOX 1815, BOONE, NC 28607
828-264-6397
Th' 11 th day of October, 2023
N M.
...cp .
�oTARy'•:� Signature of person making affidavit
• ;()_ Sworn t subscribed before me on this 11th day of October, 2023
z'• AU B`�G :Z
�QA•13
0\3?``� ota�%Public
�1111111110\� SOS • C-0;
My Commission expires: �G�A,e_c oz�

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
From: Graznak,Jennv
To: Robinson,Caroline
Subject: RE: Draft Permit Review NCO058891
Date: Thursday,September 28,2023 2:16:02 PM
Attachments: imaae001.ona
imaae002.ona
imaae003.r)
Reviewed this one as well—no concerns.Thank you!
Jenny Graznak
Assistant Regional Supervisor, Division of Water Resources
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
Office: [phone] / Cell: [phone]
jenny.graznak(@deq.nc.gov**NEW EMAIL ADDRESS**
D_E Q�PiT;�Al:
uMei ai ulY�uMlltnLl OuN�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Lowery, Tricia <[e-mail]>
Sent:Thursday, September 28, 2023 1:26 PM
To: Graznak,Jenny<[e-mail]>
Subject: RE: Draft Permit Review NCO058891
Draft review complete. No issues or concerns.
Best Regards,
Tricia Lowery(she/her)
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
tricia.lowery&deq.nc.gov "Please note new email address"
D_EQ"
Emad correspondence to and from this address Is subject to the Norm
Carobna Pubhc Records Law and may be d=tsed to tMrd partks
From: Graznak,Jenny<menny.graznak(@deq.nc.gov>
Sent:Thursday, September 28, 2023 9:01 AM
To: Lowery, Tricia <[e-mail]>
Subject: FW: Draft Permit Review NCO058891

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
Jenny Graznak
Assistant Regional Supervisor, Division of Water Resources
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
Office: [phone] / Cell: [phone]
ienny.graznak(aDdeq.nc.gov"NEW EMAIL ADDRESS"
DWF�wQ F
OspaE4nan10l EmlonmmLl OuN�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Robinson, Caroline<caroline.robinson(@deq.nc.gov>
Sent: Wednesday, September 27, 2023 1:48 PM
To: Graznak,Jenny<ienny.graznak(@deq.nc.gov>
Subject: Draft Permit Review NCO058891
Hi Jenny,
The NCO058891 draft permit renewal is ready for review! The draft permit renewal for Valley Creek
WWTP (NC0058891) will go to Notice on 10/10/2023. Please send me any comments as time
permits.
Thanks,
Caroline
Caroline Robinson (she/her/hers)
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] / Cell: [phone]
caroline.robinson(@deg.nc.gov
EQ��
NORTH CAROLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
From: Kinney,Maureen
To: Robinson.Caroline
Subject: RE: Draft Permit Review NCO058891
Date: Friday,September 22,2023 12:52:36 PM
Attachments: imaae001.ona
The classification is good, thanks!
From: Robinson, Caroline<[e-mail]>
Sent: Friday, September 22, 2023 12:09 PM
To: Kinney, Maureen <Maureen.Kin [e-mail]>; Kirby, Ben <[e-mail]>
Cc: Fox, Shawn <[e-mail]>
Subject: Draft Permit Review NCO058891
Hi Ben and Maureen,
The NCO058891 draft permit renewal is ready for review! The draft permit renewal for Valley Creek
WWTP (NC0058891) will go to Notice on 10/10/2023. Please send me any comments as time
permits.
Thanks,
Caroline
Caroline Robinson (she/her/hers)
Environmental Specialist ll, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] / Cell: [phone]
[e-mail].g_ov
NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed 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.

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
From: Lenny Cottom
To: Robinson.Caroline
Subject: [External] Hawksnest Utilities NCO058891
Date: Monday,October 16,2023 2:15:02 PM
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Caroline,
Thank you for the draft of our new permit. It looks like the only change is turbidity.
Otherwise, I am fine with it.
Regards,
Lenny Cottom
Hawksnest Snowtubing & Zipline

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
From: Henry Gargan
To: SVC DEO.Dubliccomments
Cc: Weaver,Charles; Robinson.Caroline; Bassett,Sara; Patrick Hunter;Abigail Hunt; Bob Halstead
Subject: [External]Comments on Draft NPDES Permit Nos. NC0037737,NC0038687,NC0057193,NCO050610 and
NCO058891
Date: Friday,October 27,2023 10:01:01 AM
Attachments: 2023-10-27 SELC NPDES Comments.Ddf
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Good morning Mr. Weaver, Ms. Bassett, and Ms. Robinson,
On behalf of MountainTrue, North Carolina Trout Unlimited State Council, North Carolina Wildlife
Federation, Watauga Riverkeeper, and the Southern Environmental Law Center, please find attached
our comments on five recently noticed draft NPDES permits for wastewater treatment plants
discharging into designated trout waters.
Please let me know if you have any questions.
Sincerely,
Henry Gargan (he/him)
Associate Attorney
Southern Environmental Law Center
48 Patton Avenue, Suite 304
Asheville, NC 28801
Office: [phone]
Direct: [phone]
Fax: [phone]
haargan&selcnc.org
southernenvironment.org

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
SOUTHERN 48 Patton Avenue,Suite 304 Telephone [phone]
ENVIRONMENTAL Asheville,NC 28801 Facsimile 828-258-2024
LAW
CENTER
October 27, 2023
Via Email
Charles Weaver, Sara Bassett, and Caroline Robinson
N.C. Dept. of Environmental Quality
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh,NC 27699-1617
[e-mail]
Re: Application of the trout waters temperature standard in draft NPDES Permit
Nos. NC0037737, NC0038687,NC0057193,NCO050610 and NC0058891.
Dear Mr. Weaver, Ms. Bassett, and Ms. Robinson:
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. NCO037737 (Nantahala Village WWTP),
NCO038687 (Singing Waters Camping Resort),NCO057193 (Nantahala Outdoor Center
WWTP),NCO050610 (The Ponds WWTP) and NCO058891 (Valley Creek WWTP). These
permits would all authorize discharges into designated trout waters.'
Several of these facilities have a lengthy history of noncompliance with NPDES permit
terms. We appreciate DEQ's attention to those problems at facilities like The Ponds which have
made important improvements over the last few years. Nevertheless, proper application of the
trout waters temperature standard in these permits is critical to protecting trout populations in
North Carolina—particularly given histories of noncompliance at several of the facilities.
Unfortunately, all five draft permits leave the affected populations at risk by failing to ensure
trout streams remain sufficiently cool. DEQ must correct this error in the final permits.
1 See NPDES Draft Permit Nos.NCO037737(Nantahala Village WWTP)(Sept.26,2023),at 2(noting discharge
into an unnamed tributary of the Nantahala River,a Class B trout water in the Little Tennessee River Basin;
NCO038687(Singing Waters Camping Resort)(Sept.26,2023),at 2(noting discharge into Trout Creek,a WS-III
trout water in the Little Tennessee River Basin);NCO057193 (Nantahala Outdoor Center WWTP)(Sept.26,2023),
at 2(noting discharge into the Nantahala River,a Class B trout water in the Little Tennessee River Basin);NPDES
Draft Permit No.NCO050610(The Ponds WWTP)(Oct. 10,2023),at 2(noting discharge into the Watauga River,a
Class B trout water and High Quality Water in the Watauga River Basin);and NPDES Draft Permit No.NCO058891
(Valley Creek WWTP)(Oct. 10,2023),at 2(noting discharge into Valley 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:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
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 and wastewater discharges 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 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 OF), increasing the potential for water temperatures to
rise above 21.1 °C (70 OF)—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$1.38 billion annually, supporting nearly 11,808 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
z 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/2020/1 O/NC—Climate—Science—Report—FullReport—Final—revised—September2O
20.pdf.
5 N.C.Wildlife Res.Comm'n,Socioeconomic Impact of Trout Fishing in North Carolina Survey
(2022),available at https://www ncwildlife.org/Fishing/Fishing-in-North-Carolina#87842458-mountain-trout-
information.
2

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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 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
.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 receiving
waterbody.
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
effluent is not purposefully heated prior to discharge. In the final fact sheet for these permits or
6 Fact Sheet for NPDES Permit No.NCO067318(Jan. 13,2023).
3

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
elsewhere, we respectfully request that DEQ explain how it determined that"effluent from 100%
domestic WWTPs"is not subject to the trout waters temperature standard.
III. DEQ must ensure all five draft NPDES permits comply with the trout waters
temperature standard.
As we have explained to the agency before, 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
(Singing Waters and Nantahala Outdoor Center) newly including in-stream monitoring
requirements for temperature, in three cases (Singing Waters,Nantahala Outdoor Center, and
Nantahala Village) newly including Dissolved Oxygen monitoring requirements,8 and in all five
cases newly including turbidity monitoring requirements. We applaud DEQ for taking notice of
the importance of monitoring for the protection of trout waters. That said, four of the five draft
permits only require weekly effluent temperature monitoring.9 All five permits should, like the
Nantahala Village draft permit, 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.10
The draft permit for the Nantahala Outdoor Center WWTP exemplifies why permit limits
for temperature are necessary. Nantahala Outdoor Center's application materials indicate an
estimated summer maximum effluent temperature of 29.1 °C, far exceeding the 20-degree
maximum set for trout waters." In fact, the discharge's average summer effluent temperature is
24.26 °C.12 Similarly, the permit materials for Nantahala Villagea facility DEQ describes as
"habitually non-compliant"—indicate an average summer temperature of 21.34°C and a
maximum summer temperature of 26 °C.13 There is therefore a substantial risk that both
dischargers will violate both the delta and absolute temperature limits applicable to discharges to
trout waters.
The draft permits for Nantahala Village WWTP,The Ponds WWTP,and Valley Creek WWTP continue to include
temperature monitoring standards imposed in prior permitting cycles.
a The draft permits for The Ponds WWTP and Valley Creek WWTP continue to include Dissolved Oxygen
monitoring standards imposed in prior permitting cycles.
9 Draft NPDES Permit No.NCO038687,at 3;Draft NPDES Permit No.NC0057193,at 3;Draft NPDES Permit No.
NC0050610,at 3;and Draft NPDES Permit No.NC0058891,at 3 (all setting"weekly"frequency for both effluent
and in-stream temperature monitoring).The Draft Permit for the Valley Creek WWTP does include daily effluent
temperature monitoring"[d]uring the period beginning after expansion above 0.01 MGD and lasting until permit
expiration."Draft NPDES Permit No.NC0058891,at 4.However,currently—and until this expansion happens—
only weekly monitoring is required.
10 We applaud DEQ for including an appropriate water temperature standard for the Valley Creek WWTP"after
expansion above 0.01 MGD and lasting until permit expiration."Draft NPDES Permit No.NC0058891,at 4. The
language included in that document's first footnote is a good example of what should be included in NPDES permits
for all discharges,including Valley Creek WWTP's current effluent discharge("This discharge temperature shall
not increase the ambient instream temperature by more than 0.5°C(0.9°F),and in no case exceed 20°C(68F)").
11 Renewal Application for NPDES Permit No.NCO057193 (Nantahala Outdoor Center WWTP)(April 11,2022),at
11.
12 Id.
13 Renewal Application for NPDES Permit No.NCO037737(Nantahala Village WWTP)(March 8,2023),at 11.
4

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
In addition, DEQ has already recognized an especially acute need for strict temperature
limits in Permit Nos. NCO050610 and NC0058891, which both discharge into the Watauga River
Basin. DEQ has identified that"[m]ajor water quality and aquatic habitat stressors identified
across the Watauga River Basin include . . . elevated water temperature."14 The temperature
limits discussed above are necessary to mitigate this "major stressor" in the watershed.
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, they 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 This wrongful application extends to the Nantahala River and
the Watauga River.16 The 2022 303(d) Integrated Report does not disclose which standard DEQ
applied to Trout Creek nor Valley Creek. 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.
14"Watauga River Basin Restoration Priorities,"N.CAROLINA DEP'T OF ENVT QUALITY(2009),at 3,
https://www.deq.nc.gov/mitigation-services/publicfolder/learn-about/core-processes/watershed-planning/watauga-
river-basin/watauga-rbrp-2009/download.
15 See supra note 3.
16 North Carolina Integrated Report(2022),at 519, 1035.
5

DocuSign Envelope ID:2E5B9869-8948-4446-9BD0-E4EDF7E7A707
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. NC0037737,NC0038687,NC0057193,NCO050610 and
NC0058891.
Please notify Henry Gargan at hgarganAselcnc.org or 828-258-2023 when DEQ issues
final versions of these NPDES permits. We remain available as always to discuss our concerns.
Sincerely,
f7v7-
Henry Gargan
Associate Attorney
Southern Environmental Law Center
hga^rgan&selcnc.org
Patrick Hunter
Managing Attorney
Southern Environmental Law Center
6

From: Lenny Cottom
To: Robinson.Caroline
Subject: [External]Re: NPDES Permit Issuance NCO058891
Date: Tuesday,December 19,2023 3:10:09 PM
Attachments: imaae001.png
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.
Caroline,
Thanks for the permit paperwork.
Happy holidays.
Lenny Cottom
Hawksnest Snowtubing & Zipline
On Mon, Dec 18, 2023 at 3:25 PM Robinson, Caroline<caroline.robinson&deq.nc.gov>
wrote:
Good Afternoon!
I've attached a PDF of the permit issuance and fact sheet for NC0058891/Hawksnest
Utilities Valley Creek WWTP. Please respond to this email to confirm you have
downloaded a copy for your records.
Let me know if you have any questions or if you need a hard copy of the permit mailed to
you!
Thanks,
Caroline
Caroline Robinson (she/her/hers)
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (919) 707-91301 Cell: [phone]
caroline.robinson( deq.nc.gov

NORTH CAROLINA
E Q
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed 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.