NC0050610_Fact Sheet_20231215

NCDEQ/DWR/NPDES
EXPEDITED FACT SHEET - NPDES PERMIT RENEWAL
NPDES Permit NCO050610
Sara Bassett/Compliance&Expedited Permitting Unit/sara.bassettgdeq.nc.gov/September 2023
FACILITY INFORMATION
Applicant/Facility Name Water Quality Utilities Inc.,The Ponds WWTP
Applicant Address PO Box 1167 Banner Elk NC 28604
Facility Physical 184 Beech Lane,Foscoe NC, 28604
Address/Mailing Address
Permitted Flow(MGD) 0.076 MGD
Type of Waste 100%Domestic, < 1 MGD
Facility Class WW-2 County Watauga
Permit Status Renewal Regional Office Winston-Salem
STREAM CHARACTERISTICS
Receiving Stream Watauga Stream B; Tr;HQW
Classification
Stream Segment 8-(1) Outfall Lat. 36.1556N
7Q10 - Summer(cfs) 2.1 Outfall Long. 81.7719W
7Q 10 -Winter(cfs) 3.2 Drainage basin Watauga
30Q2 (cfs) 5.2 Subbasin 04-02-01
Average Flow(cfs) 16 HUC 060101030301
IWC(%) 303(d)List No
BASIC INFO FOR EXPEDITED PERMIT RENEWAL
Already has for HQW waters
Does permit need Daily Max NH3 limits? IWC was run,ammonia limits were kept at a monthly limit of
4.0 mg/L and a daily limit of 2 mg/L due to the HQW
classification
Does permit need TRC limits/footnote? No
Does permit have toxicity testing? No
Does permit have any Special Conditions? Yes-UV fail/Disinfection condition
Does permit have instream monitoring? Yes(D.O.and temperature)
New expiration date: September 30,2027
1. FACILITY SUMMARY
Water Quality Utilities Inc. sends 100%domestic discharge to The Ponds WWTP. The Ponds WWTP is a
minor facility(flow< 1 MGD)with a design capacity and permitted wastewater discharge of 0.076 MGD
facility that includes the following components:
♦ Influent flow control system with comminutor and bar screen
♦ Grit chamber
♦ Surge tank
♦ Extended aeration chamber with clarifier
♦ Tertiary system with UV disinfection
♦ Flow monitor and recorder
RENEWAL SUMMARY
This renewal contains the following changes:

• Added effluent monitoring for turbidity to the table in Section A. (L)to determine compliance with
15A NCAC 02B.0211 (21)for Trout waters.
• Updated Section A. (3)to reflect current federal requirements for Electronic Reporting of
Discharge Monitoring Reports.
COMPLIANCE HISTORY
One limit violation enforcement in 2021.
COMMENTS ON DRAFT PERMIT
WSRO requested confirmation that the tertiary system listed in the components list was inoperable with no
plans to bring back into operation(per last inspection).Permittee (Paul Isenhour)responded that they have
plans to bring the system back into operation by the end of 2023. WSRO would like to hold the facility
accountable for fixing the system in a timely manner,likely though another inspection of the facility.
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.Monitoring instream temperature data was reviewed and in no reported instance did the effluent
cause the stream temperature to exceed 20 degrees C in the last permit cycle.No limit was added.

IWC Calculations
Facility:The Ponds WWTP
Permit No.: NC0050610
Prepared By: Sara Bassett
Enter Design Flow(MGD): 0.076 <= Permitted Flow if Different from Design
Enter s7Q10(cfs): 2.1
Enter w7Q10(cfs): 3.2
Total Residual Chlorine(TRC) Ammonia(Summer)
Daily Maximum Limit(ug/1) Monthly Average Limit(mg NH3-N/1)
Design Permitted Design Permitted
s7Q10(CFS) 2.1 s7Q10 (CFS) 2.1
DESIGN FLOW(MGD) 0.076 DESIGN FLOW(MGD) 0.076 €
DESIGN FLOW(CFS) 0.1178 DESIGN FLOW(CFS) 0.1178
STREAM STD (UG/L) 17.0 STREAM STD (MG/L) 1.0 €
Upstream Bkgd (ug/1) 0 Upstream Bkgd (mg/1) 0.22
IWC (%) 5.31 IWC (%) 5.31
Allowable Conc. (ug/1) 320 Allowable Conc. (mg/1) 14.9
Ammonia(Winter)
Monthly Average Limit(mg NH3-N/1)
Design Permitted Design Permitted
Fecal Coliform w7Q10(CFS) 3.2
Monthly Average Limit: 200/100ml #VALUE! DESIGN FLOW(MGD) 0.076 €
(If DF>331; Monitor) DESIGN FLOW(CFS) 0.1178
(If DF<331; Limit) STREAM STD (MG/L) 1.8 €
Dilution Factor(DF) 18.83 #VALUE! Upstream Bkgd (mg/1) 0.22 €
IWC(%) 3.55
Allowable Conc. (mg/1) 44.7
'213 .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)

r
STATE OF NORTH CAROLINA
AVERY 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
NCO050610 Ponds WWTP
The North Carolina Environmen-
NCDEQDWR/WATAUGA COUNT tal Management Commission
proposes to issue a NPDES
1617 Mail Service Ctr wastewater discharge permit to
Raleigh,NC 27699-1617 ten p omerso mentsteregard ngNthe
proposed permit will be ac-
cepted until 30 days after the
AFFIDAVIT OF PUBLICATION publish date this notice. The
Director of the
NC Division of
Water Resources (DWR) may
hold a public hearing should
Before a undersigned,a Notary Public of said County and State,duly commissioned, there be a significant degree of
public interest.Please mail com-
qute ,and autho d b law to administer oaths,personally appeared ments and/or information re-
quests to DWR at the above
�2RG'Q / r7 who being first duly sworn,deposes and says: that address. Interested persons
may visit the DWR at 512 N.
he(she) is an employee ofADAMS PUBLISHING GROUP, LLC, engaged in the publication Salisbury Street, Raleigh, NC
27604 to review the information
of a newspaper known as The Avery Journal,published in the city of NEWLAND in said on file. Additional information on
NPDES permits and this notice
County and State,that he(she) is authorized to make this affidavit and sworn statement; that the may be found on our website:
https://deg.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]. Water Quality
The Avery Journal,a newspaper meeting all of the requirements and qualifications of Section utilities Inc. applied to renew
I-597 of the General Statues of North Carolina on the followingdates: NPDES permit NC0050 for
Be The Ponds WWTP(184 Beech
Lane, South of Foscoe) in
Watauga county. This facility
Permit NCO050610 Ponds WWTP discharges to the Watauga
River in the Watauga River
10/11/23 Basin. Currently, biochemical
oxygen demand (BOD), total
suspended solids(TSS),ammo-
nia nitrogen,fecal coliforms,and
dissolved oxygen are water
quality limited. This discharge
may affect future waste load al-
locations in this portion of the
Watauga River.
1�­A
c u pal
P.O.BOX 1815,BOONE,NC 28607
828-264-6397
ON M.
rC'O o' / T is 11th day of October, 2023
��I;'•�oTARy''•.� Signature of person making affidavit
Sworn to subscribed before me on this 11th day of October,2023
P(JB00 '
v � Notary Public
A'CO►`� Sn' t �poli 1�
My Commission expires: c1 ��

From: Talbott,Jeffrey
To: Bassett,Sara;Graznak,Jenny
Subject: RE: Draft Permit Renewal-The Ponds WWTP(NC0050610)
Date: Monday,October 16,2023 4:32:19 PM
Attachments: imaaeOOLma
Hello Sara —
Operator certification notes that this facility is classified as a WW-2, with the ORC and all Backup
ORC's active and in good standing with the program.
We have no comments at this time.
Thank you.
Jeff Talbott
Supervisor, NC Operator Certification Program
Division of Water Resources
Department of Environmental Quality
Phone: [phone]
Email:[e-mail]
------------------------------------------------------------------------------------------------------------------------------
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bassett, Sara <[e-mail]>
Sent:Thursday, October 5, 2023 9:42 AM
To:Talbott, Jeffrey<[e-mail]>; Graznak, Jenny<[e-mail]>
Subject: Draft Permit Renewal -The Ponds WWTP (NC0050610)
Hello,
The permit renewal for The Ponds WWTP (NC0050610) in Watauga county is ready for review and
comment. It will be submitted to public comment 10/10/2023. Please return any comments or
concerns to me by 11/10/2023.
Thank you!
Sara Bassett (she/her/hers)
Environmental Specialist I
North Carolina Department of Environmental Quality
sara.bassett(@deq.nc.gov

te-��r�D_E
NORTIi CAROLINA
Department of Environmental Duality
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: Bassett,Sara
To: Graznak,Jenny
Subject: RE: Draft Permit Renewal-The Ponds WWTP(NC0050610)
Date: Monday,October 16,2023 11:06:00 AM
Attachments: image001.png
imaae002.Dna
Ok will leave it in and update factsheet. Thanks!
From: Graznak,Jenny<[e-mail]>
Sent: Monday, October 16, 2023 10:53 AM
To: Bassett, Sara <[e-mail]>; Boone, Ron <[e-mail]>
Subject: RE: Draft Permit Renewal -The Ponds WWTP (NC0050610)
I think it's ok to leave in, but I would like to hold them accountable for fixing it, if that's the case.
Which I guess means that we need to inspect and push them on it. Please so mention in fact sheet.
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]
ienny.graznakPdeq.nc.gov
Dop 11—n,of C-_o nme W 0u 11�
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties
From: Bassett, Sara <sara.bassettPdeq.nc.gov>
Sent: Friday, October 13, 2023 1:58 PM
To: Graznak,Jenny<iennv.graznakCcDdeq.nc.gov>; Boone, Ron <[e-mail]>
Subject: RE: Draft Permit Renewal -The Ponds WWTP (NC0050610)
Hello,
I reached out to this permit contact for NCO050610 regarding the status of the tertiary treatment
system and this is the response I got:
It is correct that the current tertiary system is inoperable. However, we do have plans
to bring the tertiary filter back into operation, hopefully before the year's end
depending on our contractor's installation schedule. We have purchased a new
system: an Amiad Opal SpinKlin filtration. We will inform you and the Winston Office
once that has been installed so you all can come take a look at it.
Paul Isenhour

Water Quality Lab & Operations, Inc.
Phone-[phone]
Fax- [phone]
Is it ok to go ahead and leave this component in the list as they have plans to bring it back into
operation soon or should I go ahead and remove it as it is currently inoperable? I can also add a note
in the permit or factsheet.
Thanks,
Sara
From: Graznak,Jenny<menny.graznakCcDdeq.nc.gov>
Sent: Friday, October 6, 2023 12:07 PM
To: Bassett, Sara <sara.bassettPdeq.nc.gov>
Subject: FW: Draft Permit Renewal -The Ponds WWTP (NC0050610)
See comment below from staff. May be worth sending an additional info request to ask if in use?
Jenny Graznak
Assistant Regional Supervisor, Division of Water Resources
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
Office: [phone] / Cell: [phone]
0enny_graznak(@deq.nc.gov **NEW EMAIL ADDRESS**
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Boone, Ron <[e-mail]>
Sent: Friday, October 6, 2023 11:36 AM
To: Graznak,Jenny<menny.graznak(@deq.nc.gov>
Subject: RE: Draft Permit Renewal -The Ponds WWTP (NC0050610)
I recommend the tertiary treatment system be removed from the plant description of the permit
unless they've placed the system back in operation since my last visit to the plant. As far as I knew it
was inoperable at that time and couldn't or wouldn't be restarted.
Other than that, I have no questions or concerns.
Best Regards,

Ronald C. Boone
Environmental Program Consultant, Division of Water Resources
Winston Salem Regional Office
North Carolina Department of Environmental Quality
Office: [phone] Cell: [phone]
ron.boonePdeq.nc.gov
Q:>
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.
From: Graznak,Jenny<ienny_graznak(@deq.nc.gov>
Sent:Thursday, October 5, 2023 11:43 AM
To: Boone, Ron <ron.boone(@deq.nc.gov>
Subject: FW: Draft Permit Renewal -The Ponds WWTP (NC0050610)
Please review.
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(@deq.nc.gov **NEW EMAIL ADDRESS**
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Bassett, Sara <sara.bassett(@deq.nc.gov>
Sent:Thursday, October 5, 2023 9:42 AM
To:Talbott, Jeffrey<ieffrey.talbott(@deq.nc.gov>; Graznak, Jenny<ienny.graznak(@deq.nc.gov>
Subject: Draft Permit Renewal -The Ponds WWTP (NC0050610)

Hello,
The permit renewal for The Ponds WWTP (NC0050610) in Watauga county is ready for review and
comment. It will be submitted to public comment 10/10/2023. Please return any comments or
concerns to me by 11/10/2023.
Thank you!
Sara Bassett (she/her/hers)
Environmental Specialist I
North Carolina Department of Environmental Quality
[e-mail]
7.M - 1�
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.

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.odf
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]
haargan&selcnc.org
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.'
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
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

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.NC0038687,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

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

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: Water Ouality Labs
To: Bassett,Sara
Subject: [External] Re:Additional information request for NPDES permit renewal for The Ponds WWTP
Date: Friday,October 13,2023 10:25:12 AM
Attachments: image001.ona
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Ms. Bassett,
It is correct that the current tertiary system is inoperable. However, we do have plans
to bring the tertiary filter back into operation, hopefully before the year's end
depending on our contractor's installation schedule. We have purchased a new
system: an Amiad Opal SpinKlin filtration. We will inform you and the Winston Office
once that has been installed so you all can come take a look at it.
Paul Isenhour
Water Quality Lab & Operations, Inc.
Phone-[phone]
Fax- [phone]
On Monday, October 9, 2023 at 09:48:15 AM EDT, Bassett, Sara <[e-mail]>wrote:
Hello Mr. Isenhour,
Please see the attached letter requesting additional information regarding the NPDES permit
renewal for The Ponds Wastewater Treatment Plant in Watauga county. Please return your response
via email [[e-mail]] or give me a call at [919-707-3600]. Feel free to reach out with
any additional questions or concerns.
Best,
Sara Bassett (she/her/hers)
Environmental Specialist I
North Carolina Department of Environmental Quality
sara.bassett(@deq.nc.gov
NORTH CAROLINA
Department of Environmental Quallry
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.

E,,,STATE aF�
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary *�`QUAM N°`�'*
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
October 6, 2023
Mr. Paul Isenhour
Water Quality Utilities, Inc.
P.O. Box 1167
Banner Elk,NC 28604
Subject: Request for Additional Information
NPDES Renewal Application
NCO050610
The Ponds WWTP
Watauga County
Grade WW-2 Biological WPCS
Dear Mr. Isenhour,
The Division has reviewed your application,received on March 22,2022, for renewal of NPDES permit
NC0050610. To enable us to complete our review in accordance with N.C.G.S. 143-215.1 and 15A NCAC 02H
.0105,we need additional or revised information to address the following comments:
1. The Winston-Salem regional office has requested confirmation that the tertiary treatment system is
currently inoperable, with no future plans to bring it back into operation. If this is correct, the
component list in the renewal permit will be updated.
If no response is received within 60 calendar days [per 15A NCAC 02H .0107(b)],the permit will be renewed
without the benefit of the additional information.
If you have any questions,please contact me at [919-707-3600] or via e-mail at [[e-mail]].
Sincerely,
�� ia__70
Sara Bassett
Environmental Specialist I
NPDES Compliance and Expedited Permitting
cc: NPDES Permit Files
Winston-Salem Regional Office
D E Q�� 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 CAROLINA 919.707.9000
OeOat neM of Environmental Oulity