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Home My WebLink AboutNC0090247_Speculative Limits_20220805DocuSign Envelope ID: 5B5AC59D-E985-4C6E-B372-635D77A1C450 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Marcus E. Jones, County Engineer Henderson County Engineering 1 Historic Courthouse Square, Suite 6 Hendersonville, North Carolina 28792 Dear Mr. Jones: NORTH CAROLINA Environmental Quality August 5, 2022 Subject: Speculative Effluent Limits Edneyville/Clear Creek WWTP NPDES Permit No. N/A Henderson County French Broad Basin This letter provides speculative effluent limits for a new 0.2 MGD or 0.5 MGD WWTP in the Edneyville/Clear Creek areas. The Division received the speculative limits request in a letter dated May 23, 2022, from Marcus A. Jones, PE., of Henderson County Engineering. Please recognize that speculative limits may change based on future water quality initiatives, and it is recommended that the applicant review the speculative limits with the Division's Municipal NPDES Unit when the NPDES permit application is submitted. Receiving Stream. Clear Creek is located within the French Broad River Basin. Clear Creek has a stream classification of C, and waters with this classification have a best usage for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation and agriculture. The three potential WWTP locations along Clear Creek have the following flows: Site DA s7Q10 w7Q10 Average Flow 30Q2 Preferred Location #2 34.1 mil 15 cfs 21.5 cfs 58 cfs 28.3 cfs Alternate Location #1 32.4 mil 14.3 cfs 20.4 cfs 55.1 cfs 26.9 cfs Alternate Location #3 32.3 mil 14.2 cfs 20.3 cfs 54.9 cfs 26.7 cfs This segment of Clear Creek is listed on the 2022 303(d) list as impaired for aquatic life based on `biological integrity'. The sources of these impairments are undetermined, however non -point sources are typically a significant contributing factor for biological impairment. Although the impairment does not preclude a new discharge at this time, the Division would include the following condition in an issued NPDES permit: "The Permittee shall submit a study plan to annually assess biological integrity in the receiving water via benthic macroinvertebrate (benthos) sampling and analysis. The study plan shall include methodologies consistent with DWR-approved assessment methodologies and propose an annual assessment schedule and sampling location(s). Once approved, the studyplan shall be usedfor all subsequent assessments unless a study plan modification is approved by the Division. Instream biological integrity assessments shall be conducted by a laboratory or entity that is NC -certified for the procedure. " Based upon a review of information available from the North Carolina Natural Heritage Program Online Map Viewer, there are Federally Listed threatened or endangered species identified within a 5-mile radius of the North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CARCLINA 919.707.9000 DocuSign Envelope ID: 5B5AC59D-E985-4C6E-B372-635D77A1C450 proposed discharge location. If there are any identified threatened/endangered species, it is recommended that the applicant discuss the proposed project with the US Fish and Wildlife Service to determine whether the proposed discharge location might impact such species. Speculative Effluent Limits. Based on Division review of receiving stream conditions and specific proposed discharge locations, speculative limits for the proposed new 0.2MGD or 0.5 MGD WWTP are presented in Tables 1-3. A complete evaluation of these limits and monitoring requirements for metals and other toxicants, as well as potential instream monitoring requirements, will be addressed upon receipt of a complete NPDES permit application. Every applicant shall also submit documentation of any additional pollutants for which there are certified methods with the permit application if their discharge is anticipated. These pollutants may be found in 40 CFR Part 136, if there are additional pollutants with certified methods to be reported, please submit the Chemical Addendum to NPDES Application and, if applicable, list the selected certified analytical method used. Some features of the speculative limit development include the following: NH3 Limits. In accordance with 15A NCAC 213.0206, the following streamflows are used for dilution considerations for development of WQBELs: 1 Q 10 streamflow (acute Aquatic Life); 7Q 10 streamflow (chronic Aquatic Life; non -carcinogen HH); 30Q2 streamflow (aesthetics); annual average flow (carcinogen, HH). Limitations for ammonia are based on protection of aquatic life utilizing an Ammonia chronic criterion of 1.0 mg/1 (summer) and 1.8 mg/1 (winter). Additional information on how the proposed facility would meet these requirements would be expected as part of the design review. This would address instream ammonia aquatic life concerns at the new discharge for 0.5 MGD. BOD5, TSS, 85% removal, pH Limits: Applied 40 CFR 133.102 US EPA secondary treatment standards for a domestic treatment facility. Based on modeling results, the BOD limits will protect the instream DO standard. TRC, Fecal Coliform Limits: Applied 15A NCAC 02B .0211 water quality standards. REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 5B5AC59D-E985-4C6E-B372-635D77A1C450 TABLE 1. Speculative Limits for the proposed Edneyville/Clear Creek WWTP — Preferred Location #2 (0.2 MGD and 0.5 MGD) Effluent Limitations 0.2 MGD Effluent Limitations 0.5 MGD EFFLUENT CHARACTERISTICS Monthly Weekly Daily Monthly Weekly Daily Average Average Maximum Average Average Maximum Flow 0.2 MGD 0.5 MGD BOD51 30.0 mg/L 1 45.0 mg/L 30.0 mg/L 45.0 mg/L NH3 as N — Summer Monitor & Report 16.1 mg/L 35.0 mg/L NH3 as N - Winter Monitor & Report Monitor & Report Dissolved Oxygen (minimum) Daily average > 5.0 mg/l Daily average > 5.0 mg/l TSS 30.0 mg/L 45.0 mg/L 30.0 mg/L 45.0 mg/L TRC3 1 28.0 ug/L 1 28.0 ug/L p H Not less than 6.0 S.U. nor greater than Not less than 6.0 S.U. nor greater than 9.0 S.U. 9.0 S.U. Fecal coliform (geometric 200/100 mL 400/100 mL 200/100 mL 400/100 mL 7 mean) Total Phosphorus Monitor & Report Monitor & Report Total Nitrogen Monitor & Report Monitor & Report Chronic Toxicity Pass/Fail 2 0% 4.9% (Quarterly test) Note: 1. The monthly average BOD5 and TSS concentration shall not exceed 15% of the respective influent value (85% removal). 2. Summer: April 1 — October 31 Winter: November 1 — March 31 3. TRC is only applicable if chlorine or a chlorine derivative is used for disinfection. REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 5B5AC59D-E985-4C6E-B372-635D77A1C450 TABLE 2. Speculative Limits for the proposed Edneyville/Clear Creek WWTP — Alternate Location #1 (0.2 MGD and 0.5 MGD) Effluent Limitations 0.2 MGD Effluent Limitations 0.5 MGD EFFLUENT CHARACTERISTICS Monthly Weekly Daily Monthly Weekly Daily Average Average Maximum Average Average Maximum Flow 0.2 MGD 0.5 MGD BOD51 30.0 mg/L 1 45.0 mg/L 30.0 mg/L 45.0 mg/L NH3 as N — Summer Monitor & Report 15.4 mg/L 3 5. 0 mg/L NH3 as N - Winter Monitor & Report Monitor & Report Dissolved Oxygen (minimum) Daily average > 5.0 mg/l Daily average > 5.0 mg/l TSS 30.0 mg/L 45.0 mg/L 30.0 mg/L 45.0 mg/L TRC3 1 28.0 ug/L 1 28.0 ug/L p H Not less than 6.0 S.U. nor greater than Not less than 6.0 S.U. nor greater than 9.0 S.U. 9.0 S.U. Fecal coliform (geometric 200/100 mL 400/100 mL 200/100 mL 400/100 mL mean Total Phosphorus Monitor & Report Monitor & Report Total Nitrogen Monitor & Report Monitor & Report Chronic Toxicity Pass/Fail 2 1 % 5.1 % (Quarterly test) Note: 1. The monthly average BOD5 and TSS concentration shall not exceed 15% of the respective influent value (85% removal). 2. Summer: April 1 — October 31 Winter: November 1 — March 31 3. TRC is only applicable if chlorine or a chlorine derivative is used for disinfection. REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 5B5AC59D-E985-4C6E-B372-635D77A1C450 TABLE 3. Speculative Limits for the proposed Edneyville/Clear Creek WWTP - Alternate Location #3 (0.2 MGD and 0.5 MGD) Effluent Limitations 0.2 MGD Effluent Limitations 0.5 MGD EFFLUENT CHARACTERISTICS Monthly Weekly Daily Monthly Weekly Daily Average Average Maximum Average Average Maximum Flow 0.2 MGD 0.5 MGD BOD51 30.0 mg/L 45.0 mg/L 30.0 mg/L 45.0 mg/L NH3 as N - Summer Monitor & Report 15.3 mg/L 35.0 mg/L NH3 as N - Winter2 Monitor & Report Monitor & Report Dissolved Oxygen (minimum) Daily average > 5.0 mg/1 Daily average > 5.0 mg/1 TSS 30.0 mg/L 45.0 mg/L 30.0 mg/L 45.0 mg/L TRC3 1 28.0 ug/L 1 28.0 ug/L p H Not less than 6.0 S.U. nor greater than Not less than 6.0 S.U. nor greater than 9.0 S.U. 9.0 S.U. Fecal coliform (geometric mean) 200/100 mL 400/100 mL 200/100 mL 400/100 mL Total Phosphorus Monitor & Report Monitor & Report Total Nitrogen Monitor & Report Monitor & Report Chronic Toxicity Pass/Fail 2 1 % 5.2% (Quarterly test) Note: 1. The monthly average BOD5 and TSS concentration shall not exceed 15% of the respective influent value (85% removal). 2. Summer: April 1 - October 31 Winter: November 1 - March 31 3. TRC is only applicable if chlorine or a chlorine derivative is used for disinfection. Engineering Alternatives Analysis (EAA). Please note that the Division cannot guarantee that an NPDES permit for a new or expanding discharge will be issued with these speculative limits for either 0.2 MGD or 0.5 MGD. Final decisions can only be made after the Division receives and evaluates a formal permit application for the expanded discharge. In accordance with North Carolina Administrative Code 15A NCAC 2H.0105(c), the most environmentally sound alternative should be selected from all reasonably cost-effective options. Therefore, as a component of all NPDES permit applications for new and expanding flow includes a detailed engineering alternatives analysis (EAA) that must be prepared. The EAA must justify the requested design flow and provide an analysis of potential wastewater treatment alternatives. A copy of the Division guidance for preparing EAA documents is attached. In addition to the EAA, please review information available from the North Carolina Natural Heritage Program Online Map Viewer. Please confirm if there are/are not any Federally Listed threatened or endangered aquatic species identified within a 5-mile radius of the proposed discharge location. If there are any identified threatened/endangered species, the applicant may consider reviewing the proposed project with the US Fish and Wildlife Service to determine whether the proposed expanded discharge might impact such species. State Environmental Polices SEPA) EA/EIS Requirements. A SEPA EA/EIS document may be required for projects that: 1) involve $10 Million or more of state funds; or 2) will significantly and permanently REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 5B5AC59D-E985-4C6E-B372-635D77A1C450 impact 10 or more acres of public lands. Please check with the DWR SEPA coordinator (David Wainwright, 919-707-9045) as to whether your project requires SEPA review. For projects that are subject to SEPA, the EAA requirements discussed above will need to be folded into the SEPA document. If required, a FONSI must be issued prior to issuance of the NPDES permit for the expansion. We understand this project is moving forward rapidly; however we would expect that any request for NPDES permitting action for the expansion be taken within a five-year period from the date of this letter, or the noted speculative limits in Tables 1-3 would be subject to reassessment and review. Should you have any questions about these speculative limits or NPDES permitting requirements, please feel free to contact Kristin Litzenberger at (919) 707-3699 / kristin.litzenberger@ncdenr.gov or Michael Montebello at Michael.Montebello ci,ncdenr.gov. Respectfully, Do'c'fu,Si-gne'Id by, A A C464531431644FE... Michael Montebello NPDES Program Branch Chief Attachment: Link to EAA Guidance Document, Chemical Addendum Form, and NPDES application information: https:Hdeg.nc. gov/about/divisions/water-resources/water-qualiiy_pemiitting/npdes-wastewater/npdes-permitting-process/npdes- individual-permit-applications ec: NPDES Files [Laserfiche] Henderson County / Marcus E. Jones, County Engineer [majones@hendersoncountync.org] CDM Smith / Anish Luthra [luthraa@cdmsmith.com] DWR / Julie Grzyb Uulie.grzyb@ncdenr.gov]; Michael J Montebello [michael.montebello@ncdenr.gov]; Doug Dowden [doug.dowden@ncdenr.gov]; Derek Denard [derek.denard@ncdenr.gov] ARO / Dan Boss [daniel.boss@ncdenr.gov] NC WRC / Maria Dunn [maria.dunn@ncwildlife.org] US Fish and Wildlife Service / Sarah McRae [sarah mcrae@fws.gov] DWR/Basinwide Planning, Michelle Raquel [michelle.raquet@ncdenr.gov] REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly