NC0037737_Fact Sheet_20240524

FACT SHEET FOR EXPEDITED PERMIT RENEWALS
This form must be completed by Permit Writers for all expedited permits which do not require
full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile
home parks, etc.) that can be administratively renewed with minor changes but can include
facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing,
instream monitoring, compliance concerns).
Basic Information for Expedited Permit Renewals
Permit Writer/Date
Sara Bassett 9/13/2023
Permit Number
NCO037737
Facility Name
Nantahala Village WWTP
Basin Name/Sub-basin number
04-04-02
Receiving Stream
UT Nantahala River
Stream Classification in Permit
B-Trout
Does permit need Daily Max NH3 limits?
No — already present. NH3 limits are adequate
to protect for instream toxicity.
Does permit need TRC limits/language?
No — already resent
Does permit have toxicity testing?
No
Does permit have Special Conditions?
No
Does permit have instream monitoring?
Yes — temperature only
Is the stream impaired (on 303(d) list)?
No
For whatparameter?
Any obvious compliance concerns?
12 enforcements in the last permit cycle, 6
NOVs and one NOD in the last permit cycle.
Facility is habitually non -compliant.
Unpaid annual fees
Any permit modifications since lastpermit?
None
New expiration date
8/31/2028
Changes in Draft Permit?
➢ Added monitoring for turbidity to
determine compliance with 15A
NCAC 02B.0211 (21)
➢ Added monitoring for dissolved
oxygen to determine compliance with
15A NCAC 0213.0211 (6)
➢ Updated eDMR text
SELC sent 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 the Rule. No limit
was added.
This facility is in the process of being acquired by CSWR (Red Bird UOC, estimated by
"late 2024"
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 lanivage for Compliance Level for Cover Letters/Effluent Sheet Footnote:
"The facility shall report all effluent TRC values reported by a NC certified laboratory
including field certified. However, effluent values below 50 ug/l will be treated as zero
for compliance purposes."

IWC Calculations
Facility: Natahala Village WWTP
Permit No.: NCO037737
Prepared By: Sara Bassett
Enter Design Flow (MGD): 0.0078 <= Permitted Flow if Different from Design
Enter s7Q10 (cfs): 0.07
Enter w7Q10 (cfs): 0.07
Total Residual Chlorine (TRC)
Ammonia (Summer)
Daily Maximum Limit (ug/1)
Monthly Average Limit (mg NH3-N/1)
Design Permitted
Design Permitted
s7Q10 (CFS)
0.07
s7Q10 (CFS)
0.07
DESIGN FLOW (MGD)
0.0078
DESIGN FLOW (MGD)
0.0078
DESIGN FLOW (CFS)
0.01209
DESIGN FLOW (CFS)
0.01209
STREAM STD (UG/L)
17.0
STREAM STD (MG/L)
1.0
Upstream Bkgd (ug/1)
0
Upstream Bkgd (mg/1)
0.22
IWC (%)
14.73
IWC (%)
14.73
Allowable Conc. (ug/1)
115
Allowable Conc. (mg/1)
5.5
Ammonia (Winter)
Monthly Average Limit (mg NH3-N/1)
Design Permitted
Design Permitted
Fecal Coliform
w7Q10 (CFS)
0.07
Monthly Average Limit:
200/100m1 #VALUE!
DESIGN FLOW (MGD)
0.0078
(If DF >331; Monitor)
DESIGN FLOW (CFS)
0.01209
(If DF<331; Limit)
STREAM STD (MG/L)
1.8
Dilution Factor (DF)
6.79 #VALUE!
Upstream Bkgd (mg/1)
0.22
IWC (%)
14.73
Allowable Conc. (mg/1)
10.9
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)

Permit Enforcement History by Permit
Permit: NC0037737
Region: Asheville
Penalty
Assessment Penalty
Case Approved Amount
Facility: Nantahala Village WWTP
County: Swain
Remission
Enforcement Request
Costs Damages Received
Enforcement
Conference
Held
EMC
Hearing
Held
Owner:
Collection
Memo Sent
To AGO
Roumelco Properties DBA Nantahala Village
Has
Payment
Total Paid Balance Due Plan
Case
Closed
LV-1998-0138
09/25/98
$1,875.00
$70.06
10/20/98
12/08/98
04/08/99
$945.06
$0.00
No
05/06/99
LV-1998-0174
10/16/98
$2,900.00
$70.00
$0.00
10/20/98
12/08/98
04/08/99
$1,970.00
$0.00
No
05/06/99
LV-1998-0244
11/20/98
$1,625.00
$70.00
12/10/98
02/03/99
$1,695.00
No
11/08/00
LV-2000-0404
09/25/00
$1,250.00
$100.00
10/25/00
01/23/01
$0.00
No
01/23/01
LR-2009-0011
09/28/09
$500.00
$100.00
02/03/10
$600.00
$0.00
No
04/22/10
LV-2010-0025
01/19/10
$250.00
$70.00
06/10/10
$320.00
$0.00
No
09/01/10
LR-2010-0001
01/25/10
$1,000.00
$100.00
06/10/10
$1,100.00
$0.00
No
09/01/10
LV-2011-0089
04/15/11
$250.00
$67.00
$317.00
$0.00
No
05/04/11
LV-2017-0104
03/31/17
$250.00
$116.62
04/16/20
$314.65
$0.00
No
12/09/21
LV-2017-0113
04/05/17
$250.00
$116.62
$314.65
$0.00
No
12/09/21
LV-2017-0191
06/27/17
$250.00
$116.62
$314.65
$0.00
No
12/09/21
LR-2017-0014
10/20/17
$500.00
$33.39
$533.39
$0.00
No
11/08/17
LV-2017-0320
11/22/17
$250.00
$122.39
$320.42
$0.00
No
12/09/21
MV-2018-0001
01/25/18
$1,350.00
$118.68
$985.63
$0.00
No
12/09/21
LV-2021-0256
10/04/21
$200.00
$124.43
$324.43
No
LM-2021-0056
12/13/21
$350.00
$113.78
$463.78
No
LV-2023-0002
01/05/22
$625.00
$120.86
$0.00
$745.86
No
LV-2022-0210
08/08/22
$350.00
$113.78
$463.78
$0.00
No
09/27/22
LV-2022-0244
09/12/22
$750.00
$117.59
$867.59
No

Case
Penalty
Assessment
Approved
Penalty
Amount
Remission Enforcement
Enforcement Request Conference
Costs Damages Received Held
EMC Collection
Hearing Memo Sent
Held To AGO
Total Paid Balance Due
Has
Payment Case
Plan Closed
LV-2022-0273
10/20/22
$750.00
$120.86
$870.86
No
LV-2022-0323
11/16/22
$750.00
$120.86
$870.86
No
LV-2023-0116
04/20/23
$625.00
$126.51
$751.51
No
PC-2023-0013
04/28/23
$1,500.00
$126.51
$1,626.51
No
LV-2023-0175
06/27/23
$875.00
$126.51
$1,001.51
No
LV-2023-0198
07/21/23
$1,125.00
$125.51
$1,250.51
No
LV-2023-0232
09/07/23
$1,125.00
$120.66
$1,245.66
No
LV-2023-0249
09/15/23
$1,125.00
$120.66
$1,245.66
No
LV-2023-0284
10/20/23
$1,125.00
$120.66
$1,245.66
No
Total Cases:
Total Penalties:
28
$23,775.00
$2,970.56
$26,745.56
Total Penalties after
$8,499.23 $14,205.40
$22,704.63

Public Notice
North Carolina Environmental
Management
Invoice / Affidavit
Commission/NPDES Unit
Smoky Mountain Times
1617 Mail Service Center
Raleigh, NO 27699-1617
Post Office Box 730
Notice of Intent to Issue a
Bryson City, NC 28713
NPDES Wastewater Permit
NCO057193 Nantahala Outdoor
Center WWTP and NCO037737
Nantahala Village WWTP The
STATE OF NORTH CAROLINA
North Carolina Environmental
COUNTY OF SWAIN
Management Commission
proposes to issue a NPDES
wastewater discharge permit to
AFFIDAVIT OF PUBLICATION
the person(s) listed below.
Written comments regarding the
proposed permit will be accepted
Personally appeared before the undersigned, Rachel Hoskins, who having been
until 30 days after the publish
duly sworn on oath that she is the Regional Publisher of the Smoky Mountain
SHALL address them to Mr.
Tommy Dills, Facilities Director,
Times, and the following legal advertisement was published in the Smoky
Swain County Schools, 50 Main
Mountain Times newspaper, and entered as second class mail in the Town of
Street, Suite 2 Bryson City NO
28713.
Bryson City in said county and state; and that she is authorized to make this
To prevent accidental opening,
affidavit and sworn statement; that the notice or other legal advertisement, a
ALL Proposals shall be enclosed
in a mailer and be clearly marked
true copy of which is attached hereto, was published in the Smoky Mountain
on the mailer BID FOR SWAIN
Times newspaper on the following dates:
MIDDLE SCHOOL HVAC
UPGRADES. DO NOT OPEN
UNTIL 2:00 P.M. TUESDAY,
OCTOBER 17, 2023.
DEQ NC
A Pre -Bid meeting will be held on
PUBLIC NOTICE NORTH CAROL
site at Swain Middle School, 135
09/28/2023
Arlington Ave, Bryson City, NO
28713 at 10:00 a.m., Tuesday
October 3rd, 2023. It is strongly
And that the said newspaper in which such notice, paper, document or legal
P P g
encouraged that interested
bidders attend. The meeting will
advertisement was published, was at the time of each and every such
start in the Media Center, and the
first portion of the meeting will be
publication, a newspaper meeting all the requirements and qualifications of
available for remote attendance
Section I-597 of the General Statues of North Carolina and was a qualified
through the zoom link below. The
walk-through portion will be
newspaper within the meaning of the Section I-597 of the General Statues of
limited to in person attendees.
North Carolina.
https:Hls3p.zoom.us/j/882182236
05?pwd=aTBNQkkrYk9TZV FIZH
UwWXements dopt
Requirements adopted by Swain
County Schools for Minority
Business Enterprises (MBE) will
Signat e of person making affid it
be part of this project. All minority
businesses and historically
underutilized businesses are
hereby encouraged to submit
proposals for this project.
Complete plans and
Sworn to and subscribed before me this 28th day of September, 2023.
specifications for this project can
be obtained from the Architect,
LS3P Associates, LTD, by
contacting Elizabeth Friedl by
``` I��1
Phone or email:
ithfriedlC�31s3p.com
1AN1►/e i1*
i�
828-
575-18
575-1804 Plans and
•• •••. 2!
�'�/) J • 'i
•••/1/ '•. �F �'�
�% �'� ��
specifications will be available
beginning September 25, 2023.
_ / �.�� •
�T •: �Z
Swain County Schools reserves
NotaryPublic _ •
— '9,p cn =
the unqualified right to reject any
My Commission Expires: = A • �-
and all
.�
G�</C,
proposals.
Signed:
y 0- �.O
Swain County Schools
,••••.•••••,� :
Mark Sale, Superintendent
09/28/2023 #781350
'60Y. NC1,����
Total Cost of Advertisement: $70.10
Filed With: NCDEQ-DWR
Address: WATER QUALITY SECTION 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617

From:
Kinney, Maureen
To:
Bassett, Sara
Cc:
Boss, Daniel J
Subject:
RE: NCO037737 draft permit Nantahala Village facility
Date:
Wednesday, September 13, 2023 11:06:24 AM
Attachments:
image001.pnng
This looks good Sara. I noticed that they are missing a backup ORC so I've copied the ARO to bring it
to their attention.
Thanks!
From: Bassett, Sara <[e-mail]>
Sent: Wednesday, September 13, 2023 11:02 AM
To: Kinney, Maureen <[e-mail]>
Subject: NCO037737 draft permit Nantahala Village facility
Hi Maureen,
Here is the draft permit NCO037737 for the Nantahala Village facility. It will go to review
9/26/2023. Please return any comments as necessary.
Thank you,
Sara Bassett (she/her/hers)
Environmental Specialist I
North Carolina Department of Environmental Quality
sara.bassett(@deq.nc.gov
D_E Q��
NORTH CAROLINA
Department of Environmental Dual
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.

From: Henry Garaan
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
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.
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]
haaraan(a-)selcnc.ora
southernenvironment.org

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.1
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

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
2 Trout Species of North Carolina, Fly Fishing NC (accessed Dec. 16, 2022), https://www flyfishingnc.com/trout-
species-of-north-carolina.
s S. Envtl. L. Ctr., Comments on North Carolina's Draft 2022 § 303(d) List (Feb. 28, 2022).
a Emma Johnson, Climate Change Challenges Trout Industry in North Carolina, Carolina Public Press (Feb. 17,
2021), https:Hcarolinapublicpress.org/42527/climate-change-challenges-trout-industry-in-north-carolina/. See also
Kunkel, K.E., et al., North Carolina Climate Science Report (2020), available at
https://ncics. org/wpcontent/uploads/2020/ 10/NC_Climate_Science_Report_FullReport_Final_revised_September20
20.pdf.
5 N.C. Wildlife Res. Comm'n, Socioeconomic Impact of Trout Fishing in North Carolina Survey
(2022), available at https://www ncwildlifc.org/Fishing/Fishing-in-North-Carolina#87842458-mountain-trout-
information.

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

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.
NCO050610, at 3; and Draft NPDES Permit No. NCO058891, 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. NCO058891, 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
it.
12 Id.
" Renewal Application for NPDES Permit No. NCO037737 (Nantahala Village WWTP) (March 8, 2023), at 11.
al

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 ENv'T 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

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 hgargangselcnc.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
hga^rgannselcnc.org
Patrick Hunter
Managing Attorney
Southern Environmental Law Center
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