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HomeMy WebLinkAboutNC0088439_Permit Issuance_20071011©*A NCDENR C. Neil Shepherd, PE Blue Ridge Engineering PLLC 529 Main Street North Wilkesboro, NC 28659 Dear Mr. Shepherd: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 11, 2007 Subject Issuance of NPDES Permit NC0088439 Cranberry Creek W WTP Avery County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached 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 May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on August 15, 2007. 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 decision 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 other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Cbemikov at telephone number (919) 733-5083,extension 594. i� Coleen H. Sullins cc: NPDES File Asheville Regional Office/Surface Water Protection Dennis J. Fullenkamp 2911 NE Pine Island Road, Cape Coral, FL 33909 Mayor Darlene Hicks 169 Winters St, P.O. Box 248, Elk Park, NC 28622 N. C. Division of Water Quality I NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center.1800 623-7748 Permit NCO088439 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and- regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Dennis J. Fullenkamp is hereby authorized to discharge wastewater from a facility located at the Cranberry Creek Development WWTP Blevins Creek Rd. (SR 1361 ) Elk Park Avery County to receiving waters designated as Blevins Creek in the Watauga 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, 2007. This permit and authorization to discharge shall expire at midnight on September 30, 2012. Signed this day October 11, 2007. 'YI-oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO088439 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Dennis J. Fullenkamp is hereby authorized to: 1. After receiving an Authorization to Construct permit from the Division, construct wastewater treatment facilities not to exceed 0.072 MGD design flow. 2. After submitting an Engineer's Certification, operate 0.072 MGD package plant located on Blevins Creek Rd. (SR 1361) at Cranberry Creek WWTP in Avery County and discharge from said treatment works at the location specified on the attached map into Blevins Creek, a class C-Tr water in the Watauga River Basin. Latitude:-36009'04" Cranberry Creek Development Longitude: 810 57' 36" Nt Waste Water Treatment Plant USGS Quad #: CI1NW Avery County River Basin #: 04-02-01 NCO088439 Receiving Stream: Blevins Creek Stream Class: C-Tr Permit NC0088439 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning upon completion of the construction of WWTP and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETERS �a,`-, k' LIMITS ;MONITORING REQUIREMENTS # L=_.,� Daily, Measurement .-Sample Type Sample Maximum Frequency, Location Flow 0.072 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Fecal Coliform (geometric mean) 2001100 mL 4001100 mL Weekly Grab Effluent Total Residual Chlorine (TRC)' 28 Ng/L 2/Week Grab Effluent NH3 as N 7.0 mg/L 35.0 mg/L Daily Composite Effluent (April 1- October 31 NH3 as N 21.0 mg/L 35.0 mg/L Daily Composite Effluent November 1-March 31 Total Nitrogen Semi -Annual Composite Effluent Total Phosphorus Semi -Annual Composite Effluent Temperature (°C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Limit and monitoring applies only if chlorine is added for disinfection. There shall be no discharge of floating solids or visible foam in other than trace amounts CASHEVILLE-� ICEV07 ITIZEN - TIMES J OFTHE MOUNTAINS - CITIZEN-TIMES.com 14 O. Henry Avenue - P.O. Box 2090 - Asheville, NC 28802.828-252-5611 - FAX 828-253-5092 PUBLICNOTICE • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSIONMPDES UNIT 1617 MAILSERVICE CENTER RALEIGH, NORTH CAROLINA 276WI617 Nannc oN OF INTENT TO REISSUE A NPDES WASTEWATER GENERAL PERMIT On the basis of thorough staff review and application of NO General. Statute 143.21, Public taw 92-500 and other lawful, standards and regulations, the —North Caroline Environmental Management Commission proposed to Issue a Natt01181 Pollutant Discharge Elimination System (NPDES) General Permit to the persons) listed' below. effective 45,days from the puttEEett late of this notice. written. ME regarding the proposed'permit will be aooepted unti130 days attar the publish date of potloe. All.comments received prior to that date are considered In fhe final determinations mo dinglhe perruft The Director ot.ther'NC,Dhdsiori of Water Qually may decide to hold a public hearing for tho proposed permit should the Dh► dm moiM. *iggn - kant dogma of public Interest. Copies of the draft permit and other supporting intotmation an file used to determine condl• tions present In the draft permit'are available ym upon request and paent of the costs of or IQuroduction. Mail 00mments and/or requests to NO Division of Water Quality at ft above address, or caa Ma. Frances Candelarla (919):73 , extension 529, at the Point. Souree Branch. Please include the NPDES permit number (attached) In any ooryrrtianication: Interested persons may also visit the DMAm of Water Quality at 512' N. Salisbury Street, Raleigh, NO 27604.1148 between the houis of 8 00 am.,and 5 00 pm. to review Inforrnatlp{I `� FbEllmin Road,' Robbinsviile, NC29771'has.8ppnsdfonemewalof Graham County. Tihls permitted fadlityVischarges tteat- er;4 the Little Tennessee River in the:Little Tennessee' River Basin. Currently no parameters ale water quality, limited. This .discharge: tnay.afiect future alloca- tkrrs in tfhis portion of the.LEttfeTennessee River. Fords II] 11 (PO Box 68, Fontana Dam, NO 28733] toes applied fat renewal at NO r its W WTP !n Graham County. This permitted facility discharges treat - add d er to the Little Tennessee Rimin the Little Tennessee Rive' Basin. Currently total residual chlorine is water quality limited This discharge may affect future all*- cations in this portion cif, the -Little Tennessee Rhrer. +.. _ Davis, Davis 8 on,, CR,(5 Raching Cove Road, Sytva, NC'28MI has applied for renfadewal of pe - its Momingstar WWTP in Jackson County.This permitted Davis. wastewater to. Blanton Brandr.hi the Little Tennessee River Basin. Cturrently, totatfecal conform' and fowl residual chlorine are water quality limit- ed. This dieCharge:may ettect. f tttusre allocations M this poRiotu of.the etarttoru Branch. Legesus of North Carolina, 22 yut Square, Suite 700, Asheville, -NC 28801 ] has applied for renewal at pe r its Singing Waters Camping Resort WWTP In This parr a traeded dorrtesttc wastewater to .7toud Creek In the Little Tennessee River Basin. CuraMiy total resdual chlorine fswater quality limited. This d•scharge may affect future anocatbrs in this portion of T"A Creek ,.... � .;...',:gyp-,.•'.:i.:<:: '} Tmiiurn Lin age, Tdlsum Center, Oastder> N' Gi 28717� has appled for renew- al of perm o discharge treated domestic wastewater. This teeility discharges to an un � Hurricane Creek fin the Little -Tennessee River Basin. Currently SOD, total suspended solids, ammonia nitrogen, fecal coliform, dissolved oxygen and total residual chlorine is water quality limited. This discharge may affect future allocations In this portlon of Hurricane Creek. .. {pQ,Bax 100,: Highiands, NO 287411 has applied for renewal of Par- r Its proposed WWTP IwCounty.•This permitted facility, -.It constructed, rested domestic wastewater to Grassy Camp Creek In the Little Tennessee River Basin. Currently 80D,, ammonla•nitrogen, fecal colftarm, total suspended some and dissolved oxygen and total residual chlorine are water quality IEmited. This proposed dis- charge may affect future ailocatlona In this portion of-Qtassy Cemp Creek .,1 : ; . f The National Park piqa Imo„ eadquadere Road, Galiktbunp, TN 377381 has applied for renewal et pennS11 tits Smoloemont Cempgrcund WWTp in Swetin County This permitted fadcd�1 urges treated domeatio-wastswa�ttolhe Nentahata River in the Little Tennessee River Basin. Curie 1 1oW residual cd9orf<te is r quality limited. This discharge may affect future &!locations hi Isis portion of the Ocasaluitoe E"� ; antahata Outdoor Center; (15073 .LIB• Highway J8_SV�eet; Bryson City,. NO HIM pued for renewal'ht,itapefmttto disc — 9 treated°' ter to the Nantahala Mier In the LttttaTennessee RIVO.Wlh.Gurently total residual Worine Is water gustily limited.This discharge ma .Etoaattahs In t # porgon pf the Nantahala River. , t "v.,r r µ; WESE, tnc dba Narttehala Village Resort l}Q4 .way 19 West, Bryson City, NO 287131 has applied far renewal of perms !ts Nantahata Viliage WWTP'in Swain Cou * This facility discharges tre ewater to an unnamed. tributary to the Nantahala River In the -little Tennessee River Basin. Currently fecal coltlomi, ammo rta nitrogen and total residual, esidual chlorine are water qu .1fty tknhed. This discharge may, affe_ d future allocation In this portkM of the Nantehata River. Carotins Water Service, Inc. of NC, permlf numbs applied for renewal 01 its permit discharging to Flattop Creek in the Wa, a r Dennis J. Fulls do no the Cranberry ¢rook WWTP n NO ] has Court y.TThis per• ed for- a now NPDES pe . . miffed facility discffaig wastawater to the Btevins Creek in the Watauga Rivei Basin. Curently, BOD, total suspended solkle, ammonia nitrogen and total residuat-chlorine are water quality limited This discharge may affect future allocation In this portion of the Watauga River Basta. ; AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Cory Kordupel, who, being first duly sworn, deposes and says: that she is the Legal Billing Clerk of The Asheville Citizen -Times, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as First class mail in the City of Asheville, in said County and State; 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 Asheville Citizen- . Times on the following date: August 22nd, 2007. And that the said newspaper in which said notice, paper, document or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statues of North Carolina. Signed this 22nd, day of August, 2007. (Si"Okersonmaking Sworn to and subscribed before me the 22nd, day of Au4Pub 07. N No .AR My Co expires the 3rd day of Septa be#, F '� 2008. PUBLIC V 2W7 14n7&224 l3ntK DIVISION OF WATER QUALITY Point Source Branch NPDES Program July 30, 2007 MEMORANDUM TO: Sergei Chernikov FROM: Jacquelyn M. Nowell SUBJECT: Level B Model Results for proposed Cranberry Creek Development A Level B model was performed to determine effluent limits for BOD5, NH3 and dissolved oxygen for the Cranberry Creek Development. The proposed wasteflow is 0.072 MGD. The receiving stream is Blevins Creek, a class C-Trout stream, located in subbasin 040201 in the Watauga River Basin. The topo map quad is Elk Park NC Tenn (C11NW). The stream is not listed on the N.C. Impaired Stream List. The development will discharge into Blevins Creek approximately 0.2 miles above its confluence with Cranberry Creek. Estimated flow information for the discharge point is as follows: Drainage Area = 3.49 mi2 Average Flow = 6 cfs Summer 7Q10 flow = 0.87 cfs Winter 7Q10 flow =1.37 cfs 30Q2 flow =1.90 cfs The preliminary Level B model run at the summer 7Q 10 flow indicated that secondary limits (BOD5= 30 mg/l, NH3= 20 mg/l, no DO limits) would protect the trout stream DO standard of 6 mg/l. However, the summer NH3 water quality criteria of 1 mg/l was violated and NH3 toxicity was predicted. Based on this information, the Level B model was run again with summer and winter NH3 inputs to protect against instream toxicity. The following limits are recommended for the Cranberry Creek Development: Summer Winter BODS m 30 30 NH3 (mg/1) 7 21 DO m nr nr Attachments MODEL RESULTS Discharger : CRANBERRY CREEK DEV Receiving Stream : BLEVINS CREEL ---------------------------------------------------------------------- The End D.O. is 8.10 mg/l. The End CBOD is 6.70 mg/l. The End NBOD ---------------------------------------------------------------------- is 4.32 mg/l. WLA WLA WLA DO Min CBOD NBOD DO Waste Flow (mg/1) Milepoint Reach # (mg/1) (mg/1) (mg/1) (mgd) Segment 1 ------ 6.84 ---------------- 0.00 1 ---- ---- -- ---------- Reach 1 45.00 31.50 0.00 0.07200 *** MODEL SUMMARY DATA *** Discharger : CRANBERRY CREEK DEV Subbasin : 040201 Receiving Stream : BLEVINS CREEL Stream Class: C-TR Summer 7Q10 : 0.87 Winter 7Q10 : 1.37 Design Temperature: 23.0 LENGTHI SLOPEI VELOCITY DEPTH Kd I Kd I Ka I Ka I KN mile I ft/mij fps I ft design @200 design @200 design ------------ ------------------------------------------------------------------- Segment 1 1 0.20 72.70 0.226 1 0.54 1 0.52 1 0.45 131.62 1 29.63 0.63 Reach 1 Flow CBOD NBOD cfs mg/l mg/1 Segment 1 Reach 1 Waste 0.112 45.000 31.500 Headwaters 0.870 2.000 1.000 Tributary 0.000 2.000 1.000 * Runoff 0.000 2.000 1.000 * Runoff flow is in cfs/mile D.O. mg/l SUMMER Seg # Reach # Seg Mi D.O. CBOD NBOD Flow 1 1 0.00 6.84 6.89 4.47 0.98 1 1 0.02 7.08 6.87 4.45 0.98 1 1 0.04 7.29 6.85 4.44 0.98 1 1 0.06 7.46 6.83 4.42 0.98 1 1 0.08 7.60 6.81 4.41 0.98 1 1 0.10 7.72 6.79 4.39 0.98 1 1 0.12 7.83 6.77 4.38 0.98 1 1 0.14 7.91 6.75 4.36 0.98 1 1 0.16 7.99 6.74 4.35 0.98 1 1 0.18 8.05 6.72 4.33 0.98 1 1 0.20 8.10 6.70 4.32 0.98 Seg # Reach # Seg Mi D.O. CBOD NBOD Flow WINTER MODEL RESULTS Discharger : CRANBERRY CREEK DEVELOPMENT Receiving Stream : BLEVINS CREEK ---------------------------------------------------------------------- The End D.O. is 10.22 mg/l. The End CBOD is 5.16 mg/l. The End NBOD ---------------------------------------------------------------------- is 8.02 mg/l. WLA WLA WLA DO Min CBOD NBOD DO Waste Flow (mg/1) Milepoint Reach # (mg/1) ---- (mg/1) ---- (mg/1) (mgd) -- ---------- Segment 1 ------ 8.97 ---------------- 0.00 1 Reach 1 45.00 95.40 0.00 0.07200 *** MODEL SUMMARY DATA *** Discharger : CRANBERRY CREEK DEVELOPMENTSubbasin 040201 Receiving Stream : BLEVINS CREEK Stream Class: C TROUT Summer 7Q10 : 0.87 Winter 7Q10 : 1.37 Design Temperature: 12.0 LENGTHI SLOPEI VELOCITY DEPTH Kd Kd Ka I Ka I KN mile -------------------------------------------------------------------------------- I ft/mij fps I ft design I @200 I design @200 design Segment 1 1 0.20 72.70 0.308 1 0.57 1 0.36 1 0.53 133.90 1 40.34 0.27 Reach 1 Flow CBOD NBOD D.O. cf s mg/1 mg/1 mg/1 Segment 1 Reach 1 Waste 0.112 45.000 95.400 0.000 Headwaters 1.370 2.000 1.000 9.700 Tributary 0.000 2.000 1.000 9.700 * Runoff 0.000 2.000 1.000 9.700 * Runoff flow is in cfs/mile WINTER Seg # Reach # Seg Mi D.O. 1 1 0.00 8.97 l 1 0.02 9.18 1 1 0.04 9.37 1 1 0.06 9.53 1 1 0.08 9.67 1 1 0.10 9.80 1 1 0.12 9.90 1 l 0.14 10.00 1 1 0.16 10.08 1 1 0.18 10.16 1 1 0.20 10.22 Seg # I Reach # I Seg Mi I D.O. CBOD NBOD Flow 5.24 8.11 1.48 5.23 8.10 1.48 5.22 8.09 1.48 5.22 8.08 1.48 5.21 8.08 1.48 5.20 8.07 1.48 5.19 8.06 1.48 5.19 8.05 1.48 5.18 8.04 1.48 5.17 8.03 1.48 5.16 8.02 1.48 CBOD NBOD Flow Proposed Cranberry Creek Development on Blevins Creek Residual Chlorine Ammonia as NH3 (summer) 7Q10 (CFS) 0.87 7Q10 (CFS) 0.87 DESIGN FLOW (MGD) 0.072 DESIGN FLOW (MGD) 0.072 DESIGN FLOW (CFS) 0.1116 DESIGN FLOW (CFS) 0.1116 STREAM STD (UG/L) 17.0 STREAM STD (MG/L) 1.0 UPS BACKGROUND LEVEL (1 0 UPS BACKGROUND LEVEL 0.22 IWC (%) 11.37 IWC (%) 11.37 Allowable Concentration (ugi 149.53 Allowable Concentration (m 7.08 Ammonia as NH3 (winter) 7Q10 (CFS) 1.37 Fecal Limit 200/100ml DESIGN FLOW (MGD) 0.072 Ratio of 7.8 :1 DESIGN FLOW (CFS) 0.1116 STREAM STD (MG/L) 1.8 UPS BACKGROUND LEVEL 0.22 IWC (%) 7.53 Allowable Concentration (m 21.20 7/27/2007 Facility: Cranberry Creek Dev. NPDES#: proposed Receiving Stream: Blevins Creek Comment(s): Low Flow Record Station Number. Hydrologic Area Number: Drainage Area Low Flow Record Station: Qave Low Flow Record Station: s7Q10 Low Flow Record Station: w7Q10 Low Flow Record Station: 30Q2 Low Flow Record Station: HA10 must be < 400 sq. mites Drainage Area New Site: 3.45 sq. miles MAR New Site: 1.6 Qave per Report Equation: 6 cfs s7010 per Report Equation: 0.87 cfs w7010 per Report Equation: 1.37 cfs 3002 per Report Equation: 1.90 afs Continue Drainage Area Ratio: #VALUE! [ new DA / Da at gage #VALUE! Weighted Ratio: #VALUE! Over -ride Inappropriate Site ( y ):I I Drainage Area New Site: 11 MAR New Site: Weighted Qave per Report Equation: Weighted s7Q10 per Report Equation: Weighted w7010 per Report Equation: Weighted 30Q2 per Report Equation: 3.45 miles squared 1.6 #VALUEI #VALUE! #VALUE! #VALUE! BLUE RIDGE ENGINEERING PLLC 529 Main Street Phone: (336) 838-2500 North. Wilkesboro, NC 28659 Fax: (336) 838-4 179 June 12, 2007 Mr. Sergei Chernikov, Ph.D. DWQ — NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Ref. Cranberry Creek Development Avery County, NC NPDES Permit NCO088439 Dear Mr. Chernikov, Attached you will find a copy of the NPDES. Permit Application dated October 31, 2006 along with a copy of the check which was enclosed with the application in the amount of $715.00. We have also enclosed a copy of receipt of same from DWQ dated November 7, 2006. We are pleased that this project is now moving forward. If you need additional information, please do not hesitate to contact me. Sincerely, C. Neil Shepherd, PE copy: Jim Dorman Dennis Fullenkamp W. Ronald Haynes, PE Job File 6045.01 i Michael F. Easley _ Governor 'TA William G. Ross, Jr., Secretary IBC ENR North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality June 6, 2007 C. Neil Shepherd, PE Blue Ridge Engineering PLLC 529 Main Street North Wilkesboro, NC 28659 Subject: Engineering Alternative Analysis (EAA) Cranberry Creek Development Dear Mr. Shepherd: - The Division of Water Quality (Division) has reviewed your Engineering Alternative Analysis (EAA) for the Cranberry Creek Development. The Division concurs with the conclusions and recommendations of the EAA. The EAA you have submitted is sufficient to meet the Alternative Analysis requirements for a nevi discharge. Please submit the NPDES permit application 'and the appropriate fee: . • - . The Division will now proceed to modeling of the discharge. After the model is completed and effluent limits are calculated, the new draft permit will be publicly noticed in a regional newspaper. The entire modeling and permitting process may take between 60 and 120 days. If the draft permit causes significant protests from local citizens, governmental organizations, and/or environmental groups, a public hearing may be scheduled and issuance of the final permit may be further delayed. In some cases the Division may modify or deny the request for a new permit based on. the public hearing results. If you have any questions about the NPDESpermit process, contact me at the address. or telephone number listed below. Sincerely, Berger Chernikov; Ph.D. Environmental Engineer II NPDES-West cc: NPDES File AshevAe Regional Office/Surface Water Protection Dennis J. �Oenkamp 2�11 NE Pine Island Road Cape Coxal, FL 33909 N. C. Division of Water Qualityl, ;?ES Unit Phone: (919) 733-50M, extension 594 1617 Mail Service Center, Raleigh, NC :',2TM1617 Fax: (919) 733-0719 Internet b2o.enustatanc.us e-mail: sergel.chemlkov@ncmdl.net NPDES APPLICATION - FORM D For privately owned treatment systems treating 1000/6 domestic wastewaters <1.0 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit COO If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the neat. To check the boxes, click your mouse on top of the box- Otherwise, please print or type. I. Contact Information: Owner Name Dennis J. Fullenhamp Facility Name Cranberry Creek Development Mailing Address 2911 NE Pine Island Rd City Cape Coral State / Zip Code FL 33909 Telephone Number (239)995-4884 Fax .Number (239)995-3191 e-mail Address DJFulienkamp@earthlink.net 2. Location of facility producing discharge: Check. here if same address as above ❑ Street Address or State Road Blevns Creek Rd (SR 1361) City Elk Park State / Zip Code - NC, 28622 County Avery 3. Operator Information: Name of the firm public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Cranberry Creek Property Owners' Association (A new entity) Mailing Address TBD City TBD State / Zip Code TBD Telephone Number ( j Fax Number ( ) 1 of 3 Form-D 10 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Units 300 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home, park, shopping centers, restaurants, etc.): Wastewater source will be from single-family and multi -family buildings. _ A total of (300) 2-bedroom units are proposed having a total of 600 bedrooms upon completion. Population served: 3 per unit = 900 persons S. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) b. Outfall Information: Number of separate discharge points I Outfall Identification numbers) # 1. Is the outfall equipped with a diffuser? ❑ Yes ® No ?. Name of receiving stream(s) (Provide a map shouting the exact location of each outfallr Blevins Creek S. Frequency of Discharge: ® Coatiauons ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 24 hrs 9. Describe the treatment system List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and phosphorus. 4 the space provided is not sufficient attach the description of the h aan system in a separate sheet of paper. (1) inlet Bar Screen, (1) Flow Equalization Chamber, (2) Anoxic Chambers, (2) Aeration Chambers, (2) 8oppered Clarifiers, (1) Chlorine Contact Chamber, (2) Tablet Feed Chlorinators, (2) Tablet Dechlor Feeders, (1) Digestor Chamber 10. Flow Information: Treatment Plant Design flow 0.08 MGD Annual Average daily flow NIA MGD (for the previous 3 years) Maximum daily flow NA MOD (for the previous 3 years) 2 of 3 Form-D 1/06 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic Wastewaters <1.0 MGD 11. Is this facility located on Indian country? ❑ Yes 1 ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used Effluent testing data must be based on at least three samples and must be no more than four and one half years old Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BODs) 30mg/L Fecal Coliform 200/ 100mL Total Suspended Solids 30mg/L : Temperature (Summer) 220 C Temperature (Winter) 120 C pH 7 13. List all permits, construction approvals and/or applications: 111 Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14.- APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. C. Neil Shepherd, PE Proiect Manager. Printed name of Person Signing Title Signature of Ap Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty, of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 1106 ©;gin NCDENR C. Neil Shepherd, PE Blue Ridge Engineering PLLC 529 Main Street North Wilkesboro, NC 28659 Dear Mr. Shepherd: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality June 6, 2007 Subject: Engineering Alternative Analysis (EAA) Cranberry Creek Development Avery County The Division of Water Quality (Division) has reviewed your Engineering Alternative Analysis (EAA) for the Cranberry Creek Development. The Division concurs with the conclusions and recommendations of the EAA. The FAA you have submitted is sufficient to meet the Alternative Analysis requirements for a new discharge. Please submit the NPDES permit application and the appropriate fee. The Division will now proceed to modeling of the discharge. After the model is completed and effluent limits are calculated, the new draft permit will be publicly noticed in a regional newspaper. The entire modeling and permitting process may take between 60 and 120 days. If the draft permit causes significant protests from local citizens, governmental organizations, and/or environmental groups, a public hearing may be scheduled and issuance of the final permit may be further delayed. In some cases the Division may modify or deny the request for a new permit based on the public hearing results. If you have any questions about the NPDES permit process, contact me at the address or telephone number listed below. Sincerely, r11Ser,gei Chernikov, Ph.D. ironmental Engineer II NPDES-West cc: NPDES File Asheville Regional Office/Surface Water Protection Dennis J. Fullenkamp 2911 NE Pine Island Road Cape Conn, FL 33909 N. C. Division of Water Quality I NPDES Unit Phone: (919) 7335083, extension 594 1617 Mail Service Center, Raleigh, NC 27699-1617 Fax: (919) 733-0719 Internet: h2o.enr.state.nc.us e-mail: sergei.chemikov@ncmail.net BLUE RIDGE ENGINEERING PLLC 529 Main Street Phone: (33G) 838-2500 North Wlke5boro, NC 28G59 Fax: (33G) 838-4179 May 8, 2007 Mr. Sergei Chernikov, PhD NCDENR Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Ref Cranberry Creek Development Avery County, NC Dear Mr. Chernikov, A11 il'00 F—I—n AM I �II We have been provided with a copy of DWQ letter dated 04/03/07 in which DWQ requested written correspondence from the Town of Elk Park. We have also been provided with a response from the Town's attorney dated 04/18/07, whereby he confirms that "Elk Park cannot accept wastewater from the proposed Cranberry Creek Development in Avery County." I attended the regularly scheduled Town board meeting last night to observe their official response to your request All members made it painfully clear that the Town will not accept wastewater flow from this project I explained that it was important for the Town to issue a written response, rahter than responding through their attorney. The attorney commented that NCDENR had received the only letter they were going to get from the Town in response to NCDENR's letter dated 04/03/07. I then commented that this matter would likely continue until written correspondence was provided from Town officials as requested by NCDENR. The Town clerk then prepared an official response which was then signed by the Mayor during the open meeting and handed to me to forward to DWQ (see attached letter dated 05/07/07). It is evident that connection to the Town sewer system is not a viable option and further discussions with Town officials regarding this matter would be non -productive. Please do not hesitate to call if you have any questions. Sincerely, r�4 C. Neil Shepherd,: cc: Dennis J. Fullenkamp Jim Dorman - Castle Rock Realty Job File 6045.01 HALL & HALL ATTORNEYS AT LAW, P.C. DOUGLAs L. HALL * SUSAN P. HALL * + ' A.O.C. ARBITRATOR + MEMBER, SOUTH CAROLINA BAR HAL LANDHALL ®BELLSO UTH.NET REPLY TO MORGANTON OFFICE April 18, 2007 Alan W. Klimek, P.E. NCDENR -1617 Mail Service Center Raleigh NC 27699-1617 RE: Town of Elk Park WWTP NPDES Permit NCO079561 Avery County Dear Mr. Klimek: . L EAP242 07 Q r ll; rEANTON1, .NCH 305 S. GREEN STREET MORGANTON, NC 28655 TEL: (828) 433-9100 FAx: (828) 433-9339 Thank you for your letter dated April 3, 2007 in regards to the above matter addressed to Mayor Darlene Hicks of Elk Park, N.C. Mayor Hicks has asked me as Town Attorney to respond to your letter. I will confirm that Elk Park cannot accept wastewater from the proposed Cranberry Creek Development in Avery County. The Town is currently already engaged in a retirement home project which predates this request, which will mean the Town will not have sufficient excess capacity, contrary to what the Discharge Monitoring Reports you cite indicate. The 60 bed facility in the Cranberry Community, outside the town limits, is nearing completion. The Town was very hesitant to take on this discharge, either, but Avery County management, inspections, and local economic development departments prevailed upon the Town to do so. This project was already in process in May, 2006 when this Cranberry Creek project first was brought before the Town Council. The Town also has other issues which mean this project is not feasible at this time. The official minutes of the Town Council meeting from May 9, 2006, indicate these issues were openly discussed with the Cranberry Creek representatives in attendance, so none of this is news to t hem. In a ttendance from t his p roj ect w ere R oger S mithey, D erick S mithey, N eil S hepard, Phillip Gilissen, and James Dorman. They were fully informed of the Town's concerns and your letter is the first we have heard of this project since that meeting almost one year ago. The minutes reflect that the representatives were informed that: 1. That they had not submitted any materials to the Town in advance of the meeting for the materials to be reviewed by the Council or legal counsel. The representatives simply came in with plans and specifications and asked the Town to agree to a connection, which no Town would do under those circumstances; 2. That Jerry Freeman with NCDENR had recommended "time and time again" that the Town needed to complete a study of the water and sewer systems before agreeing to connect any additional homes to either system, and at that same meeting the Town actually did hire an engineering firm to complete same. I think we are still awaiting this final study of our sewer system; 3. The representatives stated they intended for Phase I to discharge 17,280 gallons per day to Elk Park's system. Otis Ward, the Town's water and sewer supervisor, advised the group this was not possible because the 100,000 gallon Town sewer plant was often at 70% capacity including infiltration problems which are persistent and ongoing, and that the State would not allow over 80% of capacity. The Town also has the aforementioned retirement home coming online soon, and there are still homes inside the city limits which have yet to be connected to the sewer plant; 4. The Board specifically told the representatives that the Board would have to receive the aforementioned engineering report before making any decision on this development. Please let me know if we can provide any additional information. DLH/tim C: Mayor Darlene Hicks, via email only State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director April 3, 2007 The Honorable Darlene Hicks, Mayor Town of Elk Park P.O. Box 248 Elk Park, North Carolina 28622 NCDENR NORTH CAROLINA (DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Inquiry regarding NPDES Permit NCO079561 Town of Elk Park WWTP Avery County Dear Mayor Hicks: The Division of Water Quality (Division) has recently reviewed the Engineering Alternative Analysis (EAA) for Cranberry Creek Development in Avery County. According to the EAA submitted by the developer's consultant, connection to the town of Elk Park WWTP is the most economically feasible and environmentally sound alternative for handling the wastewater from the proposed development. The Clean Water Act mandates the Division to work toward elimination of wastewater discharges to surface waters. The connection of a potentially new source to the existing wastewater treatment plant eliminates the need for a new discharge and promotes the Division's mission to preserve, protect, and enhance North Carolina's water resources. Review of the Discharge Monitoring Reports for the town of Elk Park WWTP indicates that the Town has the capacity to accept wastewater from Phase 1 of the proposed development. It appears that the town decided not to accept the waste from the proposed development, which is very unusual for a municipality. Therefore, the Division would like to gather more information regarding this issue from the elected officials of the town of Elk Park and would greatly appreciate any clarifications you can provide. At minimum, the Division must have written correspondence from town officials stating that the Town will not accept wastewater from the proposed development. If you have any questions concerning this issue, please contact Sergei Chernikov at telephone number (919) 733-5083, extension 594. Sincerely, X an W. Klimek, P.E. Y� cc: Central Files Asheville Regional Office/Water Quality Section NPDES Unit ° Mr. Otis Ward, ORC —Town of Elk Park 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal OpportunilyAffirmative Action Employer VISIT US ON THE INTERNET@hltp://h2o.enr.stete.nc.us/NPDES BLUE RIDGE ENGINEERING PLLC 529 Main Street Phone: (336) 838-2500 xii North Wilkesboro, NC 28659 Fax: (336) 838-4179 February 26, 2007 Mr. Sergei Chernikov, Ph.D. NCDENR Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Ref Engineering Alternative Analysis (EAA) Cranberry Creek Development Avery County, NC Dear Mr. Chernikov, !' F E u 2 8 2007 fJn.R _ w41�R QUALI?Y We received your letter dated December 3, 2006. We offer the following information in response to your specific comments. Direct Discharge to Surface Water We have re-evaluated the proposed package plant and included tertiary treatment limits of BOD5= 5 mg/L, NH3-N= 1 mg/L, and DO= 6 mg/L. We have also included the cost of operation maintenance and sampling. Individual Septic Systems The proposed plan does include substantial natural areas surrounding the proposed residential units. The surrounding natural areas could be used for locating septic systems and drain fields but would require substantial disturbance to the natural landscape. Based on comments received, we have re- evaluated this alternative by not including the value of this land in the capital costs. Community Drip System We previously estimated this alternative would require 12 to 24 acres of drain field. This estimate was based on a theoretical minimum area of 12 acres assuming all conditions on -site were perfect. Based on past experience with installation of on -site systems with terrain similar to this site, the actual land area required for installation at this site could easily require twice that of the calculated theoretical minimum area, or more. Suitable soil areas would likely be separated by drainage features, rock outcroppings, or other unsuitable soil areas. Based on comments received, we have re- evaluated this alternative by including 18 acres in the capital costs. Number of Units As previously stated, this proposed project includes the development of approximately 300 residential units. During initial discussions with the Town of Elk Park, the Town indicated they had the capacity to accommodate approximately 15,000-20,000 gallons per day. Based on this Page 2 of 2 February 26, 2007 information, we requested the Town accept sewage flow from Phase 1, totaling approximately 17,280 gallons per day. As stated in the letter, this was flow anticipated from the first phase of the project. Mr. Fullenkamp owns substantially more property than is required for development of 48 units. We did not request that the Town accept flow for the proposed 300 units because we knew the Town did not have the capacity to accept this flow. Had the Town agreed to accept flow from Phase 1, the project would likely be much further along than at present. Plans Finalized Plans for this project are not finalized. There is currently no permitted alternative for sewage disposal. There are surveyors, engineers, architects, contractors, and realtors awaiting to complete this project Mr. Fullenkamp has purchased the property and is in the business of land development. It is our belief that this project will be built. Based on comments received, we have revised our EAA. Attached you will find three revised copies for your review. Please do not hesitate to contact us if you have any questions. We would like to request a meeting to discuss this EAA with you after your initial review, if approval is not anticipated. Please do not hesitate to call if you have any questions. Sincerely,� C. Neil Shepherd, Principal cc: Dennis J. Fullenkamp Jim Dorman - Castierock Realty Marcus Barksdale, PE - McGill Associates Connie Guinn — Town of Elk Park Job File 6045.01