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HomeMy WebLinkAboutNCS000255_COMPLIANCE_20110509-----STORNIUVATER"DIV15fON"CODING-SHEET PERMIT NO. M CS ��2.55 DOC TYPE ❑FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION OMPLIANCE OTHER DOC DATE 7(,'Lo6l D SD`1 YYYYMMDD 1 OWN 11lam"::f .@ -a m .. .• .• 113 OFFICIAL USE m Co Postage $ CertiNed Fee r -I Postmark O Return Receipt Fee Here p (Endorsement Required) 0 Restricted Dellaery Fee S— / 0 - J a} t3 (Endorsement Required) or $ r rR -r Total Postage & Fees m Er n o Ott rLG _ =. t ..... Heei,' ry�I wPOt3axNo_----__ AN A WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 9, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009 3410 0001 6831 8836 Richard Cabadas, General Manager Grede II, LLC PO Box 748 Biscoe, NC 27209 Subject: NOTICE OF VIOLATION (NOV-2011-PC-0304) Compliance Evaluation Inspection Grede 11, LLC NPDES Stormwater General Permit-(NCS000255) Montgomery County Dear Mr. Cabadas: Dee Freeman Secretary On May 5, 2011, Hughie White and Mike Lawyer from the Fayetteville Regional Office of the Division of Water Quality, conducted a site inspection for the Grede Il, LLC facility located at 530 East Main Street, Biscoe, Montgomery County, North Carolina. A copy of the inspection report is attached for your review. Mr. Roger Merrill, Safety Engineer assisted with this inspection and his assistance was greatly appreciated. Stormwater from the facility drains to Lick Creek, a Class WS-111 water located in the Cape Fear River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit-NCS000255. Accordingly, the following observations were noted during the Division of Water Quality inspection (please see the attached addendum for information about your permit): 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has been developed, recorded, and properly implemented. es■ No❑ Location: 225 Green Street, Suite 714, Fayetteville, North Carolir;a 28301 Phone: 91 OA33-3300 L FAX: 91OA86-07071 Customer Service: 1.877-623.6748 Internet: www.ncwaterouality.org An Equal Opportunity 1 Aflitmativa Aclion Employer North Carolina �atura!!y 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded in accordance with permit requirements. Yes ❑ No ■ 3) Analytical Monitoring Analytical monitoring has been conducted and recorded in accordance with permit requirements. es ❑ No ■ Requested Response: You are asked to respond to this office, in writing, within thirty (30) days of receipt of this notice. Your response should include a plan of action detailing what actions will be taken to implement the required sampling for all stormwater outfalls. Also, include a plan of action detailing what actions will be taken to evaluate the facility's BMP's due to benchmark value exceedances for analytical monitoring. In addition, please submit a copy of the latest TCLP sample results that were taken for this facility. Please be advised that violations of the NPDES General Permit are subject to a civil penalty assessment of up to $25,000 per day for each violation. If you or your staff has any questions, comments, or needs assistance with understanding any aspect of your permit, please do not hesitate to contact Hughie White, Mike Lawyer, or myself at (910) 433-3300. Sincerely, Belinda S. Henson Regional Supervisor Surface Water Protection Section f:1-124 �JIL7 Enclosure cc: Roger Merrill, Safety Manager-Grede II, LLC FRO -Surface Water Protection Niki Maher-WBS Compliance & Permits Unit DWQ Central Files Compliance Inspection Report Permit: NCS000255 Effective: 07/01/07 Expiration: 06/30/12 Owner: Grede II Li_C SOC: Effective: Expiration: Facility: Grede II LLC County: Montgomery 530 E Main St Region: Fayetteville Biscoe NC 27209 Contact Person: Ron Welker Title: Phone: 910-428-2111 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 06/05/2011 Entry Time: 10.00 AM Exit Time: 01:00 PM Primary Inspector: Hughie White Phone: 910-433-3300 Secondary Inspector(s): Ex!309, Mike Lawyer Phone: 910-433-3300 Ex�y le��l Reason for Inspection: Routine Inspection Type: Compliance Evaluation 33zC7 Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ❑ Compliant ■ Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 Permit: NCS000255 Owner - Facility: Grede II LLC Inspection Date. 05/05/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The stormwater pollution prevention plan has been developed and implemented. All aspects of the plan appear to be complete. It is suggested that employee training be better documented. Qualitative monitoring and analytical monitoring is being performed semiannually, as required, however, monitoring is only being performed and SDO outfall #1 and SDO outfall #3. At the time of the previous inspection, the third outfall was discovered, which is SDO #3 (alleyway). Records indicate that after the previous inspection in 2008, SDO #2 was no longer monitored and SDO #3 started being monitored; and on lab reports SDO #3 was being labeled as SDO#2 (alleyway), which is incorrect. The "alleyway" is SDO #3. Please refer to the facility site map for proper identification of each outfall. Also, lab data consistently showed that benchmark values for analytical monitoring were exceeded for Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), Copper, and Zinc. Since these parameters have been exceeding the benchmark values outlined in the permit, the permittee is required to evaluate the sources of any benchmark exceedances and evaluate the effectiveness of any site Best Management Practices (BMP's). When the evaluations of the BMP's are performed, the stormwater pollution prevention plan needs to be updated to document all efforts to address storwmater contamination. Page: 2 Permit: NCS000255 Owner - Facility: Grede II LLC Inspection Date; 05/0512011 Inspection Type; Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (L1SGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ L7 ❑ #E Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ Cl ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ Cl ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Employee training needs to be better documented. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment: Qualitative monitoring is only being performed on two of the three stormwater outfalls located at this facility. Analytical Monlitorin Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Analytical monitoring is being performed only on two of the three stormwater outfalls located at this facility. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Page. 3 Y Permit: NCS000255 Owner - Facility: Grede II LLC Inspection Date: 0510512011 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: Page: 4 TRANSMISSION VERIFICATION REPORT TIME 05/29/2008 13:45 NAME NC DENR FAX 9104860707 TEL 9104333300 SER.# 000L7N272292 DATE DIME 05129 13: 39 FAX NO./NAME 18642810288 DURATION 00:06:25 PAGE(S) 17 RESULT OK MODE STANDARD ECM NCDENR FAX TRANSMISSION DENR FAYETTEVILLE REGIONAL OFFICE FAYETTEVILLE, NORTH CAROLINA 28301-5043 VOICE; 910•433.3300 Fax: 910-486-0707 Fax #. 06 % - l --- d n Date: —/ Pages (including /7 From: � k Subject: �s 6wf�k mbd' / v L� 1�rk Y A�� NCDENR FAX TRANSMISSION DENR. FAYETTEVILLE REGIONAL OFFICE FAYETTEVILLE, NORTH CAROLINA 28301-5043 VOICE: 910.433.3300 Fax: 910-486-0707 ,, per, z"0z)-ow Fax #: !?(p l — Zt?-1 — 02-9 ' Date: 2,?d R- Pages (including cover): / 7 -k ��✓Q From: � Subject. f641 COMMENTS. O�0F WAr,.- Michael F. Easley, Governor William G..^loss Jr., Secretary North Carolina Department of Enviror vent and Natural Resources Coleen H, Sullins, Director Division of Water Quality February 22, 2008 CERTIFIED MAIL: 7001 2510 0006 9498 8107 RETURN RECEIPT RE VESTED Jamie Shaddix, General Manager Citation Corp -Foundry Service PO Box 748 Biscoe, NC 27209 Subject: COMPLIANCE EVALUATION INSPECTION Citation Corporation Citation Corp -Foundry Service NPDES Stormwater Permit-NCS000255 Montgomery County Dear Mr. Shaddix: On February 14, 2008, Mike Lawyer, Hughie White and Belinda Henson from the Fayetteville Regional Office of the Division of Water Quality, conducted a site inspection at the Citation Corp - Foundry Service facility located at 530 East Main Street in Biscoe, Montgomery County, North Carolina. A copy of the Compliance Inspection Report is attached for your review. Mr. Ron Welker, Maintenance Manager, was also present during the inspection and his time and assistance is greatly appreciated. Stormwater from this facility drains to Lick Creek, a Class WS-III water located in the Cape Fear River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater Permit-NCS000255. Accordingly, the following observations were noted during the Division of Water Quality inspection: I) Stormwater Pollution Prevention Plan SPPP A Stormwater Pollution Prevention Plan (SPPP) has been developed, recorded, and properly implemented es ■ No ❑ 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded in accordance with permit requirements. es ■ No ❑ 3) Analytical Monitoring Anal ical monitoring has been conducted and recorded in accordance with permit requirements. es ■ No ❑ oie NCarolina Xatura!!y North Carolina Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Phone (910) 433-3300 Customer Service Internet: www.ncwatemoaiity.ore Fax (910) 486-0707 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/l0% Post Consumer Paper rdre I - February 22, 2008 Mr. Shaddix Other Observations: Please pay special attention to the comments in the Inspection Summary located on page 2 of the attached Compliance Inspection Report as they pertain to the used sand pile area at the back of your facility and the characteristics of stormwater discharges coming from that particular area. As relayed to Mr. Welker during the compliance inspection, samples had been collected of the facility's stonnwater discharge at the point where stormwater enters the south ditch from the storm drain adjacent to the used sand pile. This sample, along with samples taken from Lick Creek both upstream and downstream of the point of entry of the converging south and east ditches into Lick Creek, was collected on February 8, 2008 by Hughie White and Danny Strickland of this office. Since the date of the compliance inspection, results from the analyses of these samples have been received and copies of those results are attached. In comparing the results with the North Carolina Administrative Codes pertaining to Quality standards and Action Levels for Toxic Substances applicable to both Class C and Class WS-Ill waters, it is clear that the results for some of the parameters (specifically copper, iron and zinc) are well above acceptable levels. The specific Administrative Codes are 15A NCAC 02B .0211-Fresh Surface Water Quality Standards For Class C Waters and 15A NCAC 02B .015-Fresh Surface Water Quality Standards For Class WS-III Waters and copies of those Codes are also attached. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this report. Your response should include a detailed Plan of Action (POA) to address the aforementioned items. Failure to provide an adequate response and take appropriate measures within a reasonable timeframe may result in the issuance of a Notice of Violation for exceeding applicable stream standards, the assessment of civil penalties of up to $25,000 per day, per violation; and/or the reissuance of your permit with more stringent conditions including,•but not limited to: additional parameters for analysis, more frequent monitoring, etc. Please be advised that violations of the NPDES Stormwater Permit are also subject to a civil penalty assessment of up to $25,000 per day for each violation. If you or your staff has any questions, comments, or needs assistance with understanding any aspect of your permit or the Administrative Codes, please do not hesitate to contact Mike Lawyer or myself at (910) 433-3300. Sincerely, M Belinda S. Henson Regional Supervisor Surface Water Protection Section Attachments cc: Ron Welker, Maintenance Manager -Citation Corporation FRO -Surface Water Protection NPS-Assistance & Compliance Oversight Unit Compliance Inspection Report Permit: NCS000255 Effective: SOC: Effective: County: Montgomery Region: Fayetteville. Contact Person. Jamie Shaddix Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): On -site representative Ron Welker Related Permits: Expiration: Owner: Citation Corp Expiration: Facility: Citation Corp -Foundry Service 530 E Main St Title: General Manager Certification: Biscoe NC 27209 Phone: 910-428-2111 Inspection Date: 0211412008 Entry Time: 10: 1,Q AM Exit Time: 02:15 PM Phone: Phone: 910-428-2111 Primary Inspector: Mike Lawyer �f �" Phone:910-433-3300 n Secondary Inspector(s): �f , —� ExGgiJ' 33 Z-Pi Belinda S Henson ' Mtn Phone: 910-433-3300 ExtyP6zG Hughie White �lli i-��'""' Phone: 910-433-3300 Ext,708- 330S Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge, Individual Facility Status: E Compliant ❑ Not Compliant Question Areas: ■ Storm Water (See attachment summary) Page: 1 Permit: NCS000255 Owner -Facility: Citation Corp Inspection Date: 02114/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Inspection conducted to ensure compliance with the conditions of the facility's individual stormwater permit. Upon arrival, met with Mr. Ron Welker, Maintenance Manager, who explained the facility's operations and processes and conducting a tour both inside and outside the facility. Facility creates sand molds in order to cast various iron products, primarily parts for large trucks. The molten iron used in the casting process is generated mainly from scrap metal cuttings. Once the casting is complete, the sand mold, which has now turned black from the heating process, is broken off and the used sand is piled up at the rear of the facility. This used sand is -periodically tested by TCLP analysis and loaded onto large dump trucks for transport and ultimate disposal at a landfill. There is a storm drain located directly adjacent to this used sand pile. Stormwater that enters this drain is conveyed to a drainage ditch along the south side of the property. Due to recent rainfall, there was some discharge entering the drainage ditch at the time of inspection that was dark in color and appeared to have a significant amount of suspended solids. It was determined that the condition of the discharge was contributable to the black sand in the used sand pile. Based on the facility's site map that was submitted with their recent permit renewal application, the south side drainage ditch along with a drainage ditch on the east side flows into a sediment pit with an outlet, constituting the facility's stormwater outfall SDO-001. After walking to the sediment pit area depicted on the site map, it was discovered that the pit appeared to have filled in with sediment over the years and there was no defined pit or settling area. Mr. Welker has been conducting his visual monitoring and collecting samples for analytical monitoring at the point where the two drainage ditches converge, which is now at what used to be the outlet end of the sediment pit. Without the opportunity for settling, any solids that enter the storm drain near the used sand pile and subsequently the drainage ditch also enters the receiving stream of Licit Creek, which is located approximately 50 yards from the convergence of the two drainage ditches and currently carries the classification of Water Supply -III. As with the drainage ditch at the time of inspection, the condition of the water in the small tributary that picks up the flow from the drainage ditches and enters directly into Lick Creek appeared very dark in color. According to Mr. Welker, the area of what used to be the sediment pit is scheduled to be cleaned out and put back to its original condition so that settling of solids can occur. The facility's second identified outfall (SDO-002) is located at the front near the highway and consists of a drain that receives flow from a small portion of the roof over the production area, the roof over the quality control area and a - gravel parkingtroad area around one of the office trailers. A separate outfall, also at the front of the facility, but on the other side from SDO-002, was observed. This outfall has not been monitored in the past, but should be due to nearby exposure of process materials. Based on the location of the two outfalls at the front of the facility and the amount of exposure at each one (or lack thereof for SDO-002), representative outfall status could be requested and possibly obtained for SDO-002 allowing for the same number of outfalls to be monitored as years past, but consisting of SDO-001 and SDO-003(?) in place of SDO-002. After walking the grounds of the facility, Mr. Welker presented the facility's Stormwater Pollution Prevention Plan (SPPP) as well as copies of lab reports and monitoring forms. The SPPP is very detailed and has all required components, but there is a'major concern with the used sand pile area and the condition of the facility's stormwater discharges at SDO-001. A plan of action should be generated to address this concern. Page: 2 Permit: NCS000255 Owner - Facility: Citation Corp Inspection Date: 02/14/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices'? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and GoodHousekeeping Plan? ■ ❑ ❑ Cl # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ Cl Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: While the facility is in compliance with having and implementing a comprehensive Stormwater Pollution Prevention Plan, there is a major issue to be addressed concerning good housekeeping as it relates to the used sand pile area located at the rear of the facility. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: During previous years of permit coverage, one monitoring period was missed and several sampling events were conducted outside the scheduled periods within the frequency table in the permit. The monitoring schedule in the current permit is to be followed exactly. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalis observed during the inspection? ■ ❑ ❑ ❑ Page: 3 Permit: NCS000255 Owner - Facility: Citation Corp Inspection Date: 0211412008 Inspection Type: Compliance Evaluation # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Reason for Visit: Routine Comment: Facility had identifed two outfalls for monitoring, one near the front of the property and one at the back. However, there are actually three outfalls that convey stormwater from the property; two near the front that discharge into the Town of Biscoe's storm sewer collection system and one at the back where two perimeter ditches along the east and south ends come together and discharge directly to a receiving stream. ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ Page: 4 .NC WQ Laboratory Section Results ID: FROSPNLC Lac. Descr.: E PIPE @ CITATION Visit ID Sample ID A82650[ Collect Date: 02/0812008 Collect Time:: 10:45 1 CAS 4 Analyte Name POL Result . Qualifier Units Analyst/Date Approved By !Date MIC Method Reference BOD, 5-Day In liquid Method Reference APHA52106 218108 218f08 2.0 41 G5 mg/L ADEXTER MOVERMAN 218l08 2715108 Turbidity — 1.0 — 8 9 - NTU BSWANSON MOVERMAN Method Reference APHA21308-20th 218108 2111108 WET sldttB d In i'I uld 6.2 —r2—ls-7 mg& AWILLIAMS MOVERMAN Method Reference APFIA:254OD-201h 211 V08 2114/08 Grease and Oil In liquid 10 10 U rngll- MIBRAHIMI MOVERMAN Method Reference EPA1664A 2112108 2114108 MET 7440-22-4 Ag by ICPMS 5.0 5.0 U uglL PGAUTHIER ESTAFFORD Method Reference EPA 200.8 2112108 21201OR 7429-90-5 50 wZuUU j uglL 9a L DSTANLEY ESTAFFORD Method Reference EPA 200.7 = ! 2112108 2120/08 T 7440-43-9 Cd by ICPMS !^^ 1.0 1.0 u uglL PGAUTHIER ESTAFFORD Method Reference EPA 200.8 - 2112= 2120108- 7440-47-3 CrbyICPMS 10 28 ug/L DSTANLEY ESTAFFORD Method Reference EPA 200.8 2112108 " 2/20108 -7440-50-8 2.0 87 ug/L _ �r�STANLEY Q ESTAFFORD Method Reference EPA 200,8 J 2112108 2120108 7440-48-0 TEEM 50 0 ugfL yz DSTANLEY ESTAFFORD Methotl Reference EPA 200.7 2/12108 212068 7439-98-5 Mn by ICPMS 10 490 ug/L DSTANLEY ESTAFFORD Method Reference EPA 200.8 2112108 2/20/00 7440-02-0 NI by ICPMS 10 24 uglL DSTANLEY ESTAFFORD Method Reference EPA 200.8 21121M8 2120f08 - 7439-92-1 Pb by ICPMS 10 14 ugfL DSTANLEY ESTAFFORD Method Reference EPA 200,8 2r12f08 2t2oro8 7440-66-6 Zn by 10 uglL DSTANLEY ESTAFFORD Method Reference EPA 200,8 O` -1014 2112108 2120108 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3908 Page 2 of 2 - (b) emperature: the Commission may establish a water quality standard for temperature for specific water bodies of than the Stan ds specified in Rules .0211 and A220 of this Section, upon a case -by -case determination that thermal charges to these waters, at serve or may serve as a source or receptor of industrial cooling water provide for the ntenance of the designated best dNkthroughout a reasonable portion of the water body. Such revisions of theteTpei ure standard. must be-, consistent with the pro 'ions of Section 316(a) of the Federal Water Pollution Control Act a ended. A listing of existing thermal revisions shall be ntained and made available to the public by the Divisio History Note: AuthorityG.& 14 N 4.1; 143-215.3(a)(1); ,I'February 1, 1976; Amended Eff. h4ay1, 2007; rill, 2003; F 9, 1979..E 1, 1993; October 1, 1989;January 1, 1985; September 15A NCAC 02B . VARIANCES FROM APPLICABLE ST 15A NCAC 0 .0210 BEST USE CRITERIA Hi�tNote Authority G.S. 143-214.1; Eff.' February 1, 1976; Amended Eff September 9, 1979; Repealed Eff, January 1, 1985. 15A NCAC 02B .0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS General. The water quality standards for all fresh surface waters are the basic standards applicable to Class C waters. See Rule .0208 of this Section for standards for toxic substances and temperature. Additional and more stringent standards applicable to other specific freshwater classifications are specified in Rules .0212, .0214, .0215, .0216, .0217, .0218, .0219, .0223, .0224 and .0225 of this Section. (]) Best Usage of Waters: aquatic life propagation and maintenance of biological integrity (including fishing and fish), wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as a source of water supply for drinking, culinary or food processing purposes; (2) Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondaryrecreation, and agriculture. Sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a standard, (3) Quality standards a licable to all esh surface waters: a orophyll a correct :not Brea a ug for lakes, reservoirs, and otherwaters subject to growths of macroscopic or microscopic vegetation not designated as trout waters, and not greater than 15 ug/l for lakes, reservoirs, and other waters subject to growths of macroscopic or microscopic vegetation designated as trout waters (not applicable to lakes or reservoirs less than 10 acres in surface area). The Commission or its designee may prohibit or limit any discharge of waste into surface waters if, in the opinion of the Director, the surface waters experience or the discharge would result in growths of microscopic or macroscopic vegetation such that the standards established pursuant to this Rule would be violated or the intended best usage of the waters would be impaired: (b) Dissolved oxygen: not less than 6.0 mg/1 for trout waters; for non -trout waters, not less than a daily avera e of 5.0 mg/l with a minimum instantaneous value of not less than 4.0 mg/l; swamp waters, lake coves or bac waters, e o om waters may have lower values if cause y natural conditions; NORTH CAROLINA ADMINISTRATIVE CODE_ _ _ Eff. May I. 2007 _ _ Page 21 ig as :;e -h to er or 10 of he he he ily rs, :al (c) (0 (g) (h) (i) 0) (k) Floating solids, settleable solids or slud e deposits:_pnly such amounts attributable to sewage,. industrial wastes or other wastes as shall not make thew ter unsafe or unsuitable foraquatic life and wildlife or im air the waters for any designated uses; Gases, total dissolved: not greater than I 10 percent of saturation; Organisms of the coliform group: fecal coliforms shall not exceed a geometric mean of 200/100m1 (MF count) based upon at least five consecutive samples examined during any 30 day period, nor exceed 400/100ml in more than 20 percent of the samples examined during such period. Violations of the fecal coliform standard are expected during rainfall events and, in some cases, this violation is expected to be caused by uncontrollable nonpoint source pollution. All coliform concentrations are to be analyzed using the membrane filter technique unless high turbidity or other adverse conditions necessitate the tube dilution method; in case of controversy over results, the MPN 5-tube dilution technique shall be used as the reference method; Oils, deleterious substances, colored or other wastes: only such amounts as shall not render the waters injurious to. public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, colored or other wastes shall include but not be limited to substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines pursuant to 40 CFR 110.3(a)-(b) which are hereby incorporated by reference including any subsequent amendments and additions. This material is available for inspection at the Department of Environment and Natural Resources, Division of Water Quality, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402-9325 at a cost of forty-five dollars ($45.00); p13: shall be normal for the waters in the area, which generally shall range between 6.0 and 9.6 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; Phenolic compoundsi only such levels as shall not result in fish -flesh tainting or impairment of other best usage; Radioactive substances. (i) ' Combined radium-226 and radium-228: the maximum average annual activity level (based on at least four samples collected quarterly) for combined radium-226 and radium-228 shall not exceed five picoCuries per liter; (ii) Alpha Emitters: the average annual gross alpha particle activity (including radium-226, but excluding radon and uranium) shall not exceed 15 picoCuries per liter; (iii) Beta Emitters: the maximum average annual activity level (based on at least four samples, collected quarterly) for strontium-90 shall not exceed eight picoCuries per liter; nor shall the average annual gross beta particle activity (excluding potassium-40 and other naturally occurring radio -nuclides) exceed 50 picoCuries per liter; nor shall the maximum average annual activity level for tritium exceed 20,000 picoCuries per liter; Temperature: not to exceed 2.8 degrees C (5.04 degrees 1=) 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 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), Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard can be met when land management activities employ Best Management Practices (BMPs) (as defined by Rule .0202 of this Section] recommended by the Designated Nonpoint Source Agency f as defined by Rule .0202 of this Section]. BMPs must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such BMPs; Toxic substances: numerical water quality standards (maximum permissible levels) for the protection of human health applicable to all fresh surface waters are in Rule .0208 of this Section. Numerical water quality standards (maximum permissible levels) to protect aquatic life applicable to all fresh surface waters: 21 NO�RTA CAROLINAADMINISTRATIVE CODE _ _ F_ff. May f '0 Page 22 (i) Arsenic: 50 ug/l; (ii) Beryllium: 6.5 ug/l; (Ili) Cadmium: 0.4 ug/1 for trout waters and 2.0 ug/l for non -trout waters; attainment of these water quality standards in surface waters shall be based on measurement of total recoverable metals cbncentrations unless appropriate studies have been conducted to translate total recoverable metals to a toxic form. Studies used to determine the toxic form or translators must be designed according to the "Water Quality Standards Handbook Second Edition" published by the Environmental Protection Agency (EPA 823-B-94-005a) or "The Metals Translator: Guidance For Calculating a Total Recoverable Permit Limit From a Dissolved Criterion" published by the Environmental Protection Agency (EPA 823-B-96-007) which are hereby incorporated by reference including any subsequent amendments. The Director shall consider conformance to EPA guidance as well as the presence of environmental conditions that limit the applicability of translators in approving the use of metal translators; (iv) Chlorine, total residual: 17 ug/l; (v) Chromium, total recoverable: 50 ug/l, (vi) Cyanide, 5.0 ug/l, unless site -specific criteria are developed based upon the aquatic life at the site utilizing The Recalculation Procedure in Appendix B of Appendix L in the Environmental Protection Agency's Water Quality Standards Handbook hereby incorporated by reference including any subsequent amendments; (vii) Fluorides: 1.8 mg/l; (viii) Lead, total recoverable: 25 ug/l, collection of data on sources, transport and fate of lead shall be required as part of the toxicity reduction evaluation for dischargers who are out of compliance with whole effluent toxicity testing requirements and the concentration of lead in the effluent is concomitantly determined to exceed an instream level of 3.1 ug/l from the discharge; (ix) Mercury: 0.012 ug/1; (x) Nickel: 88'ug/l, attainment of these water quality standards in surface waters shall be based on measurement of total recoverable metals concentrations unless appropriate studies have been conducted to translate total recoverable metals to a toxic form. Studies used to determine the toxic form or translators must be designed according to the "Water Quality Standards Handbook Second Edition" published bythe Environmental Protection Agency (EPA 823-B-94-005a) or "The Metals Translator: Guidance For Calculating a Total Recoverable Pen -nit Limit From a Dissolved Criterion" published by the Environmental Protection Agency (EPA 823-B-96-007) which are hereby incorporated by reference including any subsequent amendments. The Director shall consider conformance to EPA guidance as well as the presence of environmental conditions that limit the applicability of translators in approving the use of metal translators-, (xi) Pesticides: (A) Aldrin: 0.002 ug/l; (B) Chlordane: 0.004 ug/l; (C) . DDT: 0.001 ug/1; (D) Demeton: 0.1 ug/l; (E) Dieldrin: 0.002 ug/1; (F) Endosulfan: 0.05 ug/l, (G) Endrin: 0.002 ug/l; (H) Guthion: 0.01 ug/l; (1) Heptachlor: 0.004 ug/i; M Lindane: 0.01 ug/l; *K) Methoxychlor: 0.03 ug/l; (L) Mirex: 0.001 ug/l; (M) Parathion: 0.013 ug/l; (N) Toxaphene: 0.0002 ug/l, (xii) Polychlorinated biphenyls: (total of all PCBs and congeners identified) 0.001 ug/l-, (xiii) Selenium: 5 ug/l; (xiv) Toluene: 11 ug/1 or 0.36 ug/] in trout waters; NORTH CAROLINA ADMINISTRATIVE CODE EYf May_I 2007 P Trialk ]tin com ounds: 0.07 ug/l expressed as tributyltin; (4) Action Levels for Toxic Substances: (a) Copper. 7 ug/l., (b) Iron: L0 mg/l; (c) Silver: 0.06 ugll; (d) Zinc': 50 ug/l; "----If the .Action Levels for any of the substances listed in this Subparagraph (which are generally not 1 bioaccumulative and have variable toxicity to aquatic life because of chemical form, solubility, stream characteristics or associated waste characteristics) are determined by the waste load allocation to be exceeded in a receiving water by a discharge under the specified tow flow criterion for toxic substances (Rule .0206 in this Section), the discharger shall monitor the chemical or biological effects of the discharge; Y efforts shall be made by all dischargers to reduce or eliminate these substances from their effluents. Those substances for which Action Levels are listed in this Subparagraph shall be limited as appropriate in the NPDES permit based on the Action Levels listed in this Subparagraph if sufficient information (to be determined for metals by measurements of that portion of the dissolved instream concentration ofthe Action e Level parameter attributable to a specific NPDES permitted discharge) exists to indicate that any of those e substances may be a causative factor resulting in toxicity of the effluent. NPDES permit limits may be y based on translation of the toxic form to total recoverable metals. Studies used to determine the toxic form or translators must be designed according to ."Water Quality Standards Handbook Second Edition" published by the .Environmental Protection Agency (EPA 823-B-94-005a) or "The Metals Translator: d Guidance For Calculating a Total Recoverable Permit Limit From a Dissolved Criterion" published by the it Environmental Protection Agency (EPA 823-B-96-007) which are hereby incorporated by reference f including any subsequent amendments. The Director shall consider conformance to EPA guidance as well n as the presence of environmental conditions that limit the applicability of translators in approving the use of metal translators. For purposes other than consideration of NPDES permitting of point source discharges as described in this 1e Subparagraph, the Action Levels in this Rule, as measured by an appropriate analytical technique, per 15A to NCAC 02B .0103(a), shall be considered as numerical ambient water quality standards. s History Note; Authority G.S. 143-214.1; 143-215.3(a)(1); r Eff. February 1, 1976; ,n Amended Eff. May 1, 2007; April 1, 2003; August 1, 2000,- October 1, 1995; August 1, 1995; April 1, 1994,- a February 1, 1993. A NCAC 02B .0212 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-I WATE er at The folio - water quality standards apply to surface waters within water supply watersheds that are sifted WS-1. Water quality standards icable to Class C waters as described in Rule .0211 of this Section als y to Class WS-1 waters. (1) The be sage of WS-I waters are as follows: a source of wa supply for drinking, culinary, ar food-processi urposes for those users desiring maximu rotection of their water supplies; waters located on land in pu ' ownership; and any best us a pecified for Class C waters; (2) The conditions related to t est usage are as f ws: waters of this class are protected water supplies within essentially natural and un loped ersheds in public ownership with no permitted point source dischargers except those specified i e ,0104 of this Subchapter; waters within this class must be relatively unimpacted by nonp sources o oliution; land use management programs are required to protect waters from nonp ' source pollution; the ters, following treatment required by the Division of Environmental He9h, shall meet the Maximum Conta ant Level concentrations considered safe for drinking, cult , and food -processing purposes which ar ecified in the national drinking water regulatio nd in the North Carolina Rules Governing Public Wa Supplies, 15A NCAC 18C .1500. Sou s of water pollution which preclude any of these uses on either a sh erm or long-term basis shall considered to be violating a water quality standard. The Class WS-I classifica i may be used to protect portions of Class WS-I1, WS-III and WS-IV water supplies. For reclassifications occu after the July 1, 1992 statewide reclassification, the more protective classification requested by local governm shall be considered by the Commission when all local governments having jurisdiction in the affected area(s ve adopted a resolution and the appropriate ordinances to protect the watershed or the Commission acts o protect a watershed when one or more local governments has failed to adopt necessary protection measures; 23 NO�RT_H CAROLINA AUMINISTRATIVE CODE _ _Eff Mav 7. 2007 Page 24 (ii) Water quality standards (maximum permissible concentrations) to protect human through water consumption and fish tissue consumption for carcinogens in Class waters: (A) Aldrin: 0.05 ng/l; (B) Arsenic: 10 ug/1; (C) Benzene: 1.19 ug/1; (D) Carbon tetrachloride: 0.254 ug/l,- (E) Chlordane: 0.8 ng/1; (F) Chlorinated benzenes: 488 ug/1; (G) DDT: 02. ng/1; (H) Dieldrin: 0.05 ng/1; (I) Dioxin: 0.000005 ng/1; (J) Heptachlor: 0.08 ng/l; (K) Hexachlorobutadiene: 0.44 ug/1; (L) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l; (M) Tetrachloroethane (1,1,2,2): 0.17 ug/1; (N) Tetrachloroethylene: 0.7 ug/l; (0) Trichloroethylene: 2.5 ug/l; (P) Vinyl Chloride: 0.025 ug/l. History Note: Authority G.S 143-214.1; 143-215.3(a)(1); Eff. May 10, 1979; Amended Eff. May 1, 2007, April 1, 2003; January 1, 1996; October 1, 1995. 15A NCAC 02B .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-111 WATERS The followin wat ce water su 1 waters that are classified WS-III. Water quality standards applicable to Class C waters as described in Rule .021 1 of this Section also apply to Class WS-III waters. (1) a es# usage of WS III waters are as o ows: a s r n tng, culinary or food -processing purposes for those users.where a more protective WS-1 or WS-II classification is not feasible and any other best usage specified for Class C waters-, (2) The conditions related to the best usage are as follows: waters of this class are protected as water supplies which are generally in low to moderately developed watersheds and meet average watershed development density levels as specified in Sub -items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges that qualify for a General Permit pursuant to 15A NCAC 2H .0127, trout farm discharges, recycle (closed loop) systems that only discharge in response to 10-year storm events, and other stormwater discharges are allowed in the entire watershed; treated domestic wastewater discharges are allowed in the entire watershed but no new domestic wastewater discharges are allowed in the critical area; no new industrial, wastewater discharges except non -process industrial discharges are allowed in the entire watershed; the waters, following treatment required by the Division of Environmental Health, shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, or food -processing purposes which are specified in the national drinking water regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500. Sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. The Class WS-I11 classification may be used to protect portions of Class WS-lV water supplies. For reclassifications of these portions of W S-IV water supplies occurring after the July 1, 1992 statewide reclassification, the more protective classification requested by local governments shall be considered by the Commission when all local governments having jurisdiction in the affected area(s) have adopted a resolution and the appropriate ordinances to protect.the watershed or the Commission acts to protect a watershed when one or more local governments has failed to adopt necessary protection measures; (3) Quality standards applicable to Class WS-III Waters are as follows: (a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none shall be allowed except for those specified in Item (2) of this Rule and Rule .0104 of this Subchapter; none shall be allowed that have an adverse effect on human health or that are not effectively treated to the satisfaction of the Commission and. in accordance with the requirements of the Division of NORTH CAROLINA ADMINISTRATIVE CODE _ Eff. May 1, 2007 Page 29 ith Environmental Health, North Carolina Department of Environment and Natural Resources. Any discharger may be required by the Coirunission to disclose all chemical constituents present or potentially present in their wastes and chemicals which could be spilled or be present.in runoff from their facility which may have an adverse impact on downstream water quality. These facilities may be required to have spill and treatment failure control plans as well as perform special monitoring for toxic substances; (b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use as water supply or any other designated use, (i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed. (A) Low Density Option: development density must be limited to either no more than two dwelling units of single family detached residential development per acre (or 20,000 square foot lot excluding roadway right-of-way) or 24 percent built -upon area for all other residential and non-residential development in watershed outside of the critical area; stormwater runoff from the development shall be transported by vegetated conveyances to the maximum extent practicable; (B) High Density Option: if new development density exceeds the low density option requirements specified in Sub -Item (3)(b)(1)(A) of this Rule then development must control runoff from the first inch of rainfall, new residential and non-residential development shall not exceed 50 percent built -upon area; (C) Land within the watershed shall be deemed compliant with the density requirements if the following condition is met: the density of all existing development at the time of reclassification does not exceed the density requirement when densities are averaged -throughout the entire watershed area; (D) Cluster development is allowed on a project -by -project basis as follows: (1) overall density of the project meets associated density or stormwater control requirements of this Rule; rds (1I) buffers meet the minimum statewide water supply watershed protection requirements; or (1II) built -upon areas are designed and located to minimize stormwater not runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated ies areas, and maximize the flow length through vegetated areas; ent (IV) areas of concentrated development are located in upland areas and ,le; away, to the maximum extent practicable, from surface waters and ,es drainageways; iter (V) remainder of tract to remain in vegetated or natural state; the (VI) area in the vegetated or natural state may be conveyed to a property .ew owners association, a local government for preservation as a park or tire greenway, a conservation organization or placed in a permanent the conservation or farmland preservation easement', ing (VII) a.maintenance agreement for the vegetated or natural area shall be Iles filed with the Register of Deeds; and Hof (VIII) cluster development that meets the applicable low density option lity requirements shall transport stormwater runoff from the development ies. by vegetated conveyances to the maximum extent practicable; ide (E) A maximum of 10 percent of each jurisdiction's portion of the watershed the outside of the critical area as delineated on July 1, 1993 may be developed with :ion new development projects and expansions of existing development of up to 70 hen percent built -upon surface area in addition to the new development approved in compliance with the appropriate requirements of Sub -Item (3)(b)(i)(A) or Sub -item. (3)(b)(i)(B) of this Rule. For expansions to existing development, the Ved existing built -upon surface area is not counted toward the allowed.70 percent Ibe built -upon surface area. A local government having jurisdiction within the the watershed may transfer, in whole or in part, its right to the 10 percent/70 percent L of land area to another local government within the watershed upon submittal of a 29 NORTH CAROLINAADMINISTRATIVE CODIv Fff Ma l 2047 Fa e 30 (c) (d) (e) (fl (g) (h) joint resolution and review by the Commission. When the water supply watershed is composed of public lands, such as National Forest land, local: governments may count the public land acreage within the watershed outsideo f- the critical area in figuring the acreage allowed under this provision. For local'i governments that do not choose to use the high density option in that WS-111 watershed, each project must, to the maximum extent practicable, minimize;; built -upon surface area, direct stormwater runoff away from surface waters, ands incorporate best management practices to minimize water quality impacts, lf„ the local government selects the high density development option within that` WS-111 watershed, then engineered stormwater controls tnust be employed for,; the new.development; (F) If local governments choose the high density development option which requires; engineered stormwater controls, then they shall assume ultimate responsibility; for operation and maintenance of the required controls as outlined in Mule .0104 of this Subchapter; (G) Minimum 100 foot vegetative buffer is required for all new development;; activities that exceed the low density requirements as specified in Sub -Item (3)(b)(1)(A) and Sub -Item (3)(b)(ii)(A) of this Rule, otherwise a minimum W: foot vegetative buffer for development is required along all perennial waters' indicated on the most recent versions ofU.S.G.S. 1:24,000 (7.5 minute) scale`, topographic maps or as determined by local government studies. Nothing in this Rule shall stand as a bar to artificial streambank or shoreline stabilization; (H) No new development is allowed in the buffer; water dependent structures, or, other structures such as flag poles, signs and security lights, which result in only. de miniinus increases in impervious area and public projects such as road'- crossings and greenways may be allowed where no practicable alternative exists,; These activities shall minimize built -upon surface area, direct runoff away from' surface waters and maximize the utilization of BMPs; (1) No NPDES permits shall be issued for landfills that discharge treated leachate; (ii) Critical Area Nonpoint Source and StGrMWater Pollution Control Criteria: (A) - Low Density Option: new development limited to either no more than one dwelling unit of single family detached residential development per acre (or' 40,000 square foot lot excluding roadway right-of-way) or 12 percent built -upon area for all other residential and non-residential development; stormwater runoff from the development shall be transported by vegetated conveyances to the, maximum extent practicable; (B) High Density Option: if new development exceeds the low density requirements specified in Sub -Item (3)(b)(ii)(A) of this Rule, then engineered stormwater controls must be used to control runoff from the first inch of rainfall; development shall not exceed 30 percent built -upon area; (C) No new permitted sites for land application of residuals or petroleum contaminated soils are allowed; (D) No new landfills are allowed; MBAS (Methylene -Blue Active Substances): not greater than 0.5 mg/l to protect the aesthetic qualities of water supplies and to prevent foaming Odor producing substances contained in sewage, industrial wastes, or other wastes: only such amounts, whether alone or in combination with other substances or wastes, as shall not cause taste and odor difficulties in water supplies which cannot be corrected by treatment, impair the palatability of fish, or have a deleterious effect upon any best usage established for waters of this class; Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies from taste and odor problems from chlorinated phenols; Total hardness: not greater than 100 mg/l as calcium carbonate; Total dissolved solids: not greater than 500 mgll; Toxic and other deleterious substances: NORTH CAROLINA ADMINISTRATIVE CODE Eff Yal l 2007 Pa a 31 ily (i) Water quality standards (maximum permissible concentrations) to protect human health ;al through water consumption and fish tissue consumption for non -carcinogens in Class of WS-I11 waters: :a] (A) Barium: 1.0 mg/l; III (B) Chloride: 250 mg/l; ize (C) Manganese: 200 ug/l, nd (D) Nickel: 25 ug/l; if (E) Nitrate nitrogen: 10 mg/l; iat (h) 2,4-D: 100 ug/l; for (G) 2,4,5-TP (Silvex): 10 ug/l; (H) Sulfates: 250 mg/1; res (ii) Water quality, standards (maximum permissible concentrations) to protect human health itv through water consumption and fish tissue consumption for carcinogens in Class WS-111 04 waters: (A) Aldrmn 0.05 ng/l; ent (B) Arsenic: 10 ug/% em (C) Benzene: 1.19 ug/l; 30 (D) Carbon tetrachloride: 0.254 ug/l; ers (E) Chlordane: 0.8 ng/1; ale M Chlorinated benzenes: 488 ug/l, his (G) DDT: 0.2 ng/l; (H) Dieldrin: 0.05 ng/l; or (I) Dioxin: 0.000005 ng/l; my (J) Heptachlor: 0,08 ng/1; )ad (K) Hexachlorobutadiene: 0.44 ug/l; sts. p Polynuclear aromatic hydrocarbons (total of all PAI-ls): 2.8 ng/l, om (M) Tetrachloroethane (1,1,2,2): 0.17 ug/l; (N) Tetrachloroetlrylene: 0.7 ug/l; ite; (0) Trichloroethylene: 2.5 ug/1; (P) Vinyl Chloride: 0,025 ug/l. one (or History Note: Authority G.S. 143-214.1, 143-215,3(a)(1); ion Eff September 9, 1979; toff Amended Eff May 1, 2007; April 1, 2003; January 1, 1996; October 1, 1995; October 1, 1989. the .nts iter all; um ,tic uch iste the this iste 31 NORTH CAROI! INAADMINISTRATIVE CODE ,_ Eff May I, 1007 Page 32 17 - -- pp { y F I Ak .a :r gu Co Postage $ Certified Fee Q' Postmark Return Receipt Fee Here -� (Endorsement Required) O d Restricted Delivery Fee C3 (Endorsement Required) o Total p°stag Jamie Shaddix, General Mgr. Ln Sent To Service Corp Citation -Foundry a Street, Apt. No. Box 748 P.O.1 I © or Po Box No. �' i;,ry stare, zrP. Biscoe, NC 27209 N ia 1 r ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you: . , " - ■ Attach this card to the back of.,the'mailpiece,' or on the front if #s ce permits. ^ " 1. Article Addressed to 't ° t Janiie Shaddix, General Mtyr. Citation Corp -Foundry Service P.O. Box 748 I3iscoe, NC 27209 A. 5'�fFatu X r ❑ Agent ❑ Addressee 8, eivgd by Pr led �f C. Dat of ell ddr D. Is delivery address differen ram Item 16 Yes If YES, enter delivery adqNsB below: ❑ No 3. Service Type 0 Certiffed Mall ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number {Transfer from service label) _ 7001 2 510 0006 9498 8107 , PS Form 3811, February 2004 Domestic Return Receipt 1Q258502-M•154p •; a w. 0=O� W ArErr G ?•liclw l± Easley, Governor •u �'William G. doss Jr., Secretary rNorlh Carolina Department of ) nvironenent and Natural Resources Q Coleen H, Sullins, Director Division of Water Quality February 22, 2008 CERTIFIED MAIL: 7001 2510 0006 9498 8107 RETURN RECEIPT REQUESTED Jamie Shaddix, General Manager Citation Corp -Foundry Service PO Box 748 Biscoe, NC 27209 Subject: COMPLIANCE EVALUATION INSPECTION Citation Corporation Citation Corp -Foundry Service NPDES Stormwater Permit-NCS000255 Montgomery County Dear Mr. Shaddix; On February 14, 2008, Mike Lawyer, Hughie White and Belinda Henson from the Fayetteville Regional Office of the Division of Water Quality, conducted a site inspection at the Citation Corp - Foundry Service facility located at 530 East Main Street in Biscoe, Montgomery County, North Carolina. A copy of the Compliance Inspection Report is attached for your review. Mr. Ron Welker, Maintenance Manager, was also present during the inspection and his time and assistance is greatly appreciated. Stormwater from this facility drains to Lick Creek, a Class WS-III water located in the Cape Fear River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater Pernit-NCS000255. Accordingly, the following observations were noted during the Division of Water Quality inspection: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has been developed, recorded, and properly implemented, es■ No❑ 2) Qualitative Monitoring Qualitative monitoring has been conducted and recorded in accordance with permit requirements. es ■ No ❑ 3) Analytical Monitoring Analytical monitoring has been conducted and recorded in accordance with permit requirements. es ■ No ❑ N?Aei Carolina �tumily North Carolina Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Phone (910) 433-3300 Customer Service Internet: www.ncwatMuality.or2 Fax (910) 486.0707 1-877-623-6748 An Equal OpportunilylAHirmative Action Employer — 50% Recycled110 % Post Consumer Paper Page 2 February 22, 2M8. Mr. Shaddix r .a Other Observations: Please pay special attention to the comments in the Inspection Summary located on page 2 of the attached Compliance Inspection Report as they pertain to the used sand pile area at the back of your facility and the characteristics of stormwater discharges coming from that particular area. As relayed to Mr. Welker during the coritpliance inspection, samples had been collected of the facility's stormwater discharge at the point where stormwater enters the south ditch from the storm drain adjacent to the used sand pile. This sample, along with samples taken from Lick Creek both upstream and downstream of the point of entry of the converging south and east ditches into Lick Creek, was collected on February S, 2008 by Hughie White and Danny Strickland of this office. Since the date of the compliance inspection, results from the analyses of these samples have been received and copies of those results are attached. In comparing the results with the North Carolina Administrative Codes pertaining to Quality standards and Action Levels for Toxic Substances applicable to both Class C and Class WS-111 waters, it is clear that the results for some of the parameters (specifically copper, iron and zinc) are well above acceptable levels. The specific Administrative Codes are 15A NCAC 02B .0211-Fresh Surface Water Quality Standards For Class C Waters and 15A NCAC 02B .015-Fresh Surface Water Quality Standards For Class WS-III Waters and copies of those Codes are also attached. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this report. Your response should include a detailed Plan of Action (POA) to address the aforementioned items. Failure to provide an adequate response and take appropriate measures within a reasonable timeframe may result in the issuance of a Notice of Violation for exceeding applicable stream standards, the assessment of civil penalties of up to $25,000 per day, per violation, and/or the reissuance of your permit with more stringent conditions including, but not limited to: additional parameters for analysis, more frequent monitoring, etc. Please be advised that violations of the NPDES Stormwater Permit are also subject to a civil penalty assessment of up to $25,000 per day for each violation. If you or your staff has any questions, comments, or needs assistance with understanding any aspect of your permit or the Administrative Codes, please do not hesitate to contact Mike Lawyer or myself at (910) 433-3300. Sincerely, Belinda S. Henson Regional Supervisor Surface Water Protection Section Attachments cc: Ron Welker, Maintenance Manager -Citation Corporation .FRO -Surface Water Protection NPS-Assistance & Compliance Oversight Unit Compliance Inspection Report Permit: NCS000255 Effective: Expiration: Owner: Citation Corp SOC: Effective: Expiration: Facility: Citation Corp -Foundry Service County: Montgomery 530 E Main St Region: Fayetteville Biscoe NC 27209 Contact Person: Jamie Shaddix Title: General Manager Phone: 91OA28-2111 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): On -site representative Ron Welker Related Permits: Certification: Phone: Phone: 910-428-2111 Inspection Date: 02114/2008 Entry Time: 10: 1,9 AM Exit Time: 02:15 PM Primary Inspector: Mike Lawyer �� Phone: 9 10-433-3300 Secondary Inspectar(s): Exk,� 33 zj9 Belinda S Henson ��L{!✓}� Phone: 910433-3300 Ext,7-2G �3Nr Hughie White � � / "" Phone: 910-433-3300 Ext,,7.G8- 33086 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ■ Storm Water (See attachment summary) Page: 1 Permit: NCS000255 Owner- Facility: Citation Corp Inspection Date: 02/14/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Inspection conducted to ensure compliance with the conditions of the facility's individual stormwater permit. Upon arrival, met with Mr. Ron Welker, Maintenance Manager, who explained the facility's operations and processes and conducting a tour both inside and outside the facility. Facility creates sand molds in order to cast various iron products, primarily parts for large trucks. The molten iron used in the casting process is generated mainly from scrap metal cuttings. Once the casting is complete, the sand mold, which has now turned black from the heating process, is broken off and the used sand is piled up at the rear of the facility. This used sand is periodically tested by TCLP analysis and loaded onto large dump trucks for transport and ultimate disposal at a landfill. There is a storm drain located directly adjacent to this used sand pile. Stormwater that enters this drain is conveyed to a drainage ditch along the south side of the property. Due to recent rainfall, there was some discharge entering the drainage ditch at the time of inspection that was dark in color and appeared to have a significant amount of suspended solids. It was determined that the condition of the discharge was contributable to the black sand in the used sand pile. Based on the facility's site map that was submitted with their recent permit renewal application, the south side drainage ditch along with a drainage ditch on the east side flows into a sediment pit with an outlet, constituting the facility's stormwater outfall SDO-001. After walking to the sediment pit area depicted on the site map, it was discovered that the pit appeared to have filled in with sediment over the years and there was no defined pit or settling area. Mr. Welker has been conducting his visual monitoring and collecting samples for analytical monitoring at the point where the two drainage ditches converge, which is now at what used to be the outlet end of the sediment pit. Without the opportunity for settling, any solids that enter the storm drain near the used sand pile and subsequently the drainage ditch also enters the receiving stream of Lick Creek, which is located approximately 50 yards from the convergence of the two drainage ditches and currently carries the classification of Water Supply -Ill. As with the drainage ditch at the time of inspection, the condition of the water in the small tributary that picks up the flow from the drainage ditches and enters directly into Lick Creek appeared very dark in color. According to Mr. Welker, the area of what used to be the sediment pit is scheduled to be cleaned out and put back to its original condition so that settling of solids can occur. The facility's second identified outfall (SDO-002) is located at the front near the highway and consists of a drain that receives flow from a small portion of the roof over the production area, the roof over the quality control area and a' gravel parking/road area around one of the office trailers. A separate outfall, also at the front of the facility, but on the other side from SDO-002, was observed: This outfall has not been monitored in the past, but should be due to nearby exposure of process materials. Based on the location of the two outfalls at the front of the facility and the amount of exposure at each one (or lack thereof for SDO-002), representative outfall status could be requested and possibly obtained for SDO-002 allowing for the same number of outfalls to be monitored as years past, but consisting of SDO-001 and SDO-003(?) in place of SDO-002. After walking the grounds of the facility, Mr. Welker presented the facility's Stormwater Pollution Prevention Plan (SPPP) as well as copies of lab reports and monitoring forms. The SPPP is very detailed and has all required components, but there is a major concern with the used sand pile area and the condition of the facility's stormwater discharges at SDO-001. A plan of action should be generated to address this concern. Page: 2 Permit: NCS000255 Owner- Facility: Citation Corp Inspection Date: 02/1412008 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? # Does the Plan include a General Location (USGS) map? # Does the Plan include a "Narrative Description of Practices"? # Does the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible alternatives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan include a BMP summary? # Does the Plan include a Spill Prevention and Response Plan (SPRP)? # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? # Does the Plan include a Stormwater Facility Inspection Program? Has the Stormwater Pollution Prevention Plan been implemented? Comment: While the facility is in compliance with having and implementing a comprehensive Stormwater Pollution Prevention Plan, there is a major issue to be addressed concerning good housekeeping as it relates to the used sand pile area located at the rear of the facility. Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment: Yes No NA NE ■ ❑ ❑ ❑ Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: During previous years of permit coverage, one monitoring period was missed and several sampling events were conducted outside the scheduled periods within the frequency table in the permit. The monitoring schedule in the current permit is to be followed exactly. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ Cl ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ Page: 3 Permit: NGS000255 inspection pate: 02/14/2008 Owner - Facility: Citation Corp Inspection Type: Compliance Evaluation # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Reason for Visit: Routine Comment: Facility had identifed two outfalls for monitoring, one near the front of the property and one at the back. However, there are actually three outfalls that convey stormwater from the property; two near the front that discharge into the Town of Biscoe's storm sewer collection system and one at the back where two perimeter ditches along the east and south ends come together and discharge directly to a receiving stream. ❑ ❑ M ❑ ■ ❑ ❑ ❑ Page: 4 Location ID: FROSPNLG XC (DWQ Laboratory Section Results Loc- Descr.: E PIPE @ CITATION Visit ID Collect Date: Collect Time:: A e 25500 02108/2008 10:45 CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date Method Reference 218108 218108 MIC SOD, 5-Day In liquid 2.0 41 G5 m911L ADEXTER MOVERMAN Method Reference APHA5210B 218N8 2115008 Turbidity ' 1.0 8.9 NTU BSWANSON MOVERMAN Method Reference APHA2130B-20th 218108 2111108 WET sldue d In ll tlld 6.2 216 mglL AWILLIAMS MOVERMAN Method Reference APHA2540D-20th 21l volt 2114108 Grease and Oil In liquid 10 10 U M91L MIBRAHIMI MOVERMAN Method Reference EPA1664A 2112)08 2114108 MET 7440-224 Ag by ICPMS 5.0 5.0 U ugtL PGAUTHIER ESTAFFORD Melhod Reference EPA 200.8 2/12M 2/20108 7429-90-5 =Mv 50 szvw 1.1911- 9Z DSTANLEY ESTAFFORD Method Reference EPA 200.7 ! I 2n 2W 2/20ro8 7440A3-9 Cd by ICPMS 1.0 1.0 U ugIL PGAUTNIER ESTAFFORD Method Reference EPA 200,8 2112108 220106 744047-3 Cr by ICPMS 10 28 ug1L DSTANLEY ESTAFFORD Method Reference EPA 2008 21121U8 2120108 7440-50-8 2.D 87 ug& _ Q� STANLEY ESTAFFORD Method Reference EPA 200.8 rQ Aw 202= 2120108 7440-4 4 7 Fe by IC49 50 ug1L , ti[ G DSTANLEY ESTAFFORD Method Reference EPA 200.7 21QW 2120108 7439-96-5 Mn by ICPMS 10 490 4L /" DSTANLEY ESTAFFORD Method Reference EPA 200.8 2112108 2120/08 7440-02-0 NI by ICPMS 10 24 uglL DSTANLEY ESTAFFORD Method Reference -EPA 200.8 2/12/08 2120/08 7439-92-1 Pb by ICPMS 10 14 ug(L DSTANLEY ESTAFFORD Method Reference EPA 200.8 2112= VAV08 7440-66-6 Z!1 by I 10 ug/L //L DSTANLEY ESTAFFORD Method Reference EPA 2008 /m/I�1 ' 0— " /f 2112t08 212010E Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 (b) emperature: the Commission may establish a water quality standard for temperature for specific water bodies oKargc han the stan ds specified in Rules .0211 and .0220 of this Section, upon a case -by -case determination that thermal cs to these waters, at serve or may serve as a source or receptor of industrial cooling water provide for the ntenance of the designated best u throughout a reasonable portion of the water body. Such revisions of the tern ure standard must be consistent with the pro N ions of Section 316(a) of the Federal Water Pollution Control Act a ended. A listing of existing thermal revisions shall be ntained and made available to the public by the Divisio History Nate: Authority G.S. 14�14.1; 143-115.3(a)(1), Eff. February 1, 1976; Amended Eff. May], 2007; ril 1, 2003; Fe ary 1, 1993; October 1, 1989; January 1, 1985; September 9, 1979. 15A NCAC 02B . VARIANCES FROM APPLICABLE STANDA 15A NCAC 0 .0210 BEST USE CRITERIA Authority G.S. 143-214.1; Eff February 1, 1976; Amended Eff. September 9, 1979; Repealed Eff. January], 1985. 15A NCAC 02B .0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS General. The water quality standards for all fresh surface waters are the basic standards applicable to Class C waters. See Rule .0208 of this Section for standards for toxic substances and temperature. Additional and more stringent standards applicable to other specific freshwater classifications are specified in Rules .0212, .0214, .0215, .0216, .0217, .0218, .0214, .0223, .0224 and .0225 of this Section. (1) Best Usage of Waters: aquatic life propagation and maintenance of biological integrity (including fishing , and fish), wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as a source of water supply for drinking, culinary or food processing purposes; (2) -Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and maintenance ` - of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a tand ard; E(3) Quality standards applicable to al esh surface waters: a orophyll a correct : not Brea a ug for lakes, reservoirs, and other waters subject to K growths of macroscopic or microscopic vegetation not designated as trout waters, and not greaten: than 15 ug/1 for lakes, reservoirs, and other waters subject to growths of macroscopic or microscopic vegetation designated as trout waters (not applicable to lakes or reservoirs less than 10 acres in surface area). The Commission or its designee may prohibit or limit any discharge of waste into surface waters if, in the opinion of the Director, the surface waters experience or the discharge would result in growth's of microscopic or macroscopic vegetation such that the standards established pursuant to this Rule would be violated or the intended best usage of the waters would be imvaired; (b) f Dissolved oxygen: not less than 6.0 mg/1 for trout waters; for non -trout waters, not less than a daily J average of 5.0 mg/1 with a minimum instantaneous value of not less than 4.0 mg/1; swamp waters, taxe coves or conditions; may have lower values NORTH CAROLINA ADMINISTRATIVE CODE _ M May], 2007 _`Page 21 :e Is 9, ig as ce ch ;a to :er or 10 of he he he .ily :rs, ral (c) (d) (e) (f) (g) (h) (i) 0) (k) Floating solids, settleable solids or stud e deposits,. only such amounts attributable to sewa re, industrial wastes or other wastes as shall not make the ter unsafe or unsuitab e fora uatic life and wildlife or impair the waters for any designated uses; Gases, total dissolved: not greater than I 10 percent ot saturation; Organisms of the coliform group; fecal coliforms shall not exceed a geometric mean of 200/100m1 (MF count) based upon at least five consecutive samples examined during any 30 day period, nor exceed 4001100ml in more than 20 percent of the samples examined during such period. Violations of the fecal coliform standard are expected during rainfall events and, in some cases, this violation is expected to be caused by uncontrollable nonpoint source pollution. All coliform concentrations are to be analyzed using the membrane filter technique unless high turbidity or other adverse conditions necessitate the tube dilution method; in case of controversy over results, the MPN 5-tube dilution technique shall be used as the reference method; Oils, deleterious substances, colored or other wastes: only such amounts as shall not render the waters injurious to. public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, colored or other wastes shall include but not be limited to substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines pursuant to 40 CFR 110,3(a)-(b) which are hereby incorporated by reference including any subsequent amendments and additions. This material is available for inspection at the Department of Environment and Natural Resources, Division of Water Quality, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402-9325 at a cost of forty-five dollars ($45.00); pH: shall be normal for the waters in the area, which generally shall range between 6.0 and 9.6 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; Phenolic compounds-. only such levels as shall not result in fish -flesh tainting or impairment of other best usage; Radioactive substances: (i) Combined radium-226 and radium-228: the maximum average annual activity level (based on at least four samples collected quarterly) for combined radium-226 and radium-228 shall not exceed five picoCuries per liter; (ii) Alpha Emitters: the average annual gross alpha particle activity (including radium-226, but excluding radon and uranium) shall not exceed 15 picoCuries per liter; (iii) Beta Emitters: the maximum average annual activity level (based on at least four samples, collected quarterly) for strontium-90 shall not exceed eight picoCuries per liter; n6r shall the average annual gross beta particle activity (excluding potassium-40 and other naturally occurring radio -nuclides) exceed 50 picoCuries per liter; nor shall the maximum average annual activity level for tritium exceed 20,000 picoCuries per liter; Temperature: 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 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); Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard can be met when land management activities employ Best Management Practices (BMPs) [as defined by Rule .0202 of this Section] recommended by the Designated Nonpoint Source Agency `as defined by Rule .0202 of this Section]. BMPs must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such BMPs; Toxic substances: numerical water quality standards (maximum permissible levels) for the protection of human health applicable to all fresh surface waters are in Rule .0208 of this Section. Numerical water quality standards (maximum permissible levels) to protect aquatic life applicable to all fresh surface waters: 21 �Oa�TH CAROLINAADMINISTRATIVE COQE _ E,ff May 1, 2007 __ Page 22 (i) Arsenic: 50 ug/l; (ii) Beryllium: 6.5 ug/l; (iii) Cadmium: 0.4 ug/l for trout waters and 2.0 ug/l for non -trout waters; attainment of these water quality standards in surface waters shall be based on measurement of total recoverable metals concentrations unless appropriate studies have been conducted to translate total recoverable metals to a toxic fOTM. Studies used to determine the toxic form or translators must be designed according to the "Water Quality Standards Handbook Second Edition" published by the Environmental Protection Agency (EPA 823-B-94-005a) or "The Metals Translator: Guidance For Calculating a Total Recoverable Permit Limit From a Dissolved Criterion" published by the Environmental Protection Agency (EPA 823-B-96-007) which are hereby incorporated by reference including any subsequent amendments. The Director shall consider conformance to EPA guidance as well as the presence of environmental conditions that limit the applicability of translators in approving the use of metal translators; (iv) Chlorine, total residual: 17 ug/1; (v) Chromium, total recoverable: 50 ug/l; (vi) Cyanide, 5.0 ug/l, unless site -specific criteria are developed based upon the aquatic life at the site utilizing The Recalculation Procedure in Appendix B of Appendix L in the Environmental Protection Agency's Water Quality Standards Handbook hereby incorporated by reference including any subsequent amendments; (vii) Fluorides: 1.8 mg/l; (viii) Lead, total recoverable: 25 ug/l, collection of data on sources, transport and fate of lead shall be required as part of the toxicity reduction evaluation for dischargers who are out of compliance with Whole effluent toxicity testing requirements and the concentration of lead in the effluent is concomitantly determined to exceed an instream level of 3.1 ug/l from the discharge; (ix) Mercury: 0.012 ug/l; (x) Nickel: 88 ug/l, attainment of these water quality standards in surface waters shall be based on measurement of total recoverable metals concentrations unless appropriate studies have been conducted to translate total recoverable metals to a toxic form. Studies used to determine the toxic form or translators must be designed according to the "Water Quality Standards Handbook Second Edition" published by the Environmental Protection Agency (EPA 823-B-94-005a) or "The Metals Translator: Guidance For Calculating a Total Recoverable Permit Limit From a Dissolved Criterion' published by the Environmental Protection Agency (EPA 823-B-96-007) which are hereby incorporated by reference including any subsequent amendments. The Director shall consider conformance to EPA guidance as well as the presence of environmental conditions that limit the applicability of translators in approving the use of metal translators; (xi) Pesticides: (A) Aldrin: 0.002 ug/I; (B) Chlordane: 0.004 ug/l; (C) DDT: 0,001 ug/l; (D) Demeton: 0.1 ug/l; (E) Dieldrin: 0.002 ug/l; (F) Endosulfan: 0.05 ug/l; (G) Endrin: 0.002 ug/l; (H) Guthion: 0.01 ug/l; (1) Heptachlor: 0.004 ug/l; (J) Lindane: 0.01 ug/l; (K) Methoxychlor: 0.03 ug/l; (L) Mirex: 0.001 ug/l; (M) Parathion: 0.013 ug/l; (N) Toxaphene: 0.0002 ug/l; (xii) Polychlorinated biphenyls: (total of all PCBs and congeners identified) 0.001 ug/l; (xiii) Selenium: 5 ug/l; (xiv) Toluene: 11 ug/1 or 0.36 ug/l in trout waters; NORTH CAROLINA ADMINISTRATIVE CODE Eff May 1, 2007 Pam )f I] )e to s U )n ie ;d er at 23 Trialk ]tin com ounds: 0.07 ug/1 expressed as tributyltin; E(4)Actionvels for Toxic Substances:opper: 7 ugll; ron: 1.0 mg/l;ilver: 0.06 ugll; inc: 50 ugh; h : 230 mItheAction Levels for any of the substances listed in this Subparagraph (which are generally not bioaccumulative and have variable toxicity to aquatic life because of chemical form, solubility, stream characteristics or associated waste characteristics) are determined by the waste load allocation to be exceeded in a receiving water by a discharge under the specified low flow criterion for toxic substances (Rule .0206 in this Section), the discharger shall monitor the chemical or biological effects of the discharge; efforts shall be made by all dischargers to reduce or eliminate these substances from their effluents. Those substances for which Action Levels are listed in this Subparagraph shall be limited as appropriate in the NPDES permit based on the Action Levels listed in this Subparagraph if sufficient information (to be determined for metals by measurements of that portion of the dissolved instream concentration of the Action Level parameter attributable to a specific NPDES permitted discharge) exists to indicate that any of those substances may be a causative factor resulting in toxicity of the effluent. NPDES permit limits may be based on translation of the toxic form to total recoverable metals. Studies used to determine the toxic form or translators must be designed according to "Water Quality Standards Handbook Second Edition' published by the Environmental Protection Agency (EPA 823-B-94-005a) or "The Metals Translator: Guidance For Calculating a Total Recoverable Permit Limit From a Dissolved Criterion" published by the Environmental Protection Agency (EPA 823-B-96-007) which are hereby incorporated by reference including any subsequent amendments. The Director shall consider conformance to EPA guidance as well as the presence of environmental conditions that limit the applicability of translators in approving the use of metal translators. For purposes other than consideration of NPDES permitting of point source discharges as described in this Subparagraph, the Action Levels in this Rule, as measured by an appropriate analytical technique, per 15A NCAC 02B .0103(a), shall be considered as numerical ambient water quality standards. History Note: Authority G.S. 143-214.1: 143-215.3(a)(1); Eff. February 1, 1976; Amendedg'ff.' May 1, 2007;April1, 2003; August 1, 2000; October 1, 1995; Augusi 1, 1995;April 1, 1994; February 1, 1993. NCAC 0213.0212 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-I WATE The follo . water quality standards apply to surface waters within water supply watersheds that are sifted WS-I. Water quality standards icable to Class C waters as described in Rule .0211 of this Section als y to Class WS-I waters. (1) 'The be sage of WS-I waters are as follows: a source of wa supply for drinking, culinary, or food -process[ urposes for those users desiring maximu rotection of their water supplies; waters located on land in p • ownership; and any best usa pecified for Class C. waters; (2) The conditions related to t est usage are as f ws: waters of this class are protected water supplies within essentially natural and un loped ersheds in public, ownership with no permitted point source dischargers except those specified i e .0104 of this Subchapter; waters within this class must be relatively unimpacted by nonp sources o ollution; land use management programs are required to protect waters from nonp - source pollution; the ters, following treatment required by the Division of Environmental Hea , shall meet the Maximum Conta ' ant Level concentrations considered safe for drinking, cull and food -processing purposes which ar ecified in the national drinking water reguiatio nd in the North Carolina Rules Governing Public Wa Supplies, 15A NCAC l8C .1500. Sou s of water pollution which preclude any of these uses on either a sh erm or long-term basis shall considered to be violating a water quality standard. The Class W S-1 classifica may be used to protect portions of Class WS-II, WS-III and WS-IV water supplies. For reclassifications occu after the July 1, 1992 statewide reclassification, the more protective classification requested by local governm shall be considered by the Commission when all local governments having jurisdiction in the affected area(s ve adopted a resolution and the appropriate ordinances to protect the watershed or the Commission acts to protect a watershed when one or more local governments has failed to adopt necessary protection measures; NORTH CAROLINAADMINISTRATiVE C�DF-„_ Eff MaE 1, 2007 _ __ Page 24 (ii) Water quality standards (maximum permissible concentrations) to protect human heal through water consumption and fish tissue consumption for carcinogens in Class WS_ waters: (A) Aldrin: 0.05 ng/l; (B) Arsenic: 10 ug/l- (C) Benzene: 1.19 ug/l; (D) Carbon tetrachloride: 0.254 ug/l; (E) Chlordane: 0.8 ng/l; (F) Chlorinated benzenes: 488 ug/1; (G) DDT: 0.2 ng/l; (H) Dieldrin: 0.05 ng/l; (1) Dioxin: 0.000005 ng/1; (J) Heptachlor: 0.08 ng/l; (K) Hexachlorobutadiene: 0.44 ug/l; (L) Polynuclear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l; (M) Tetrachloroethane (1,1,2,2): 0.17 ug/1; (N) Tetrachloroethylene: 0.7 ug/l; (0) Trichloroethylene: 2.5 ug/l; (P) Vinyl Chloride: 0.025 ug/l. History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); Eff. May 10, 1979; Amended Eff. May 1, 2007; April 1, 2003; January 1, 1996; October 1, 1995, 15A NCAC 02B .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-111 WATERS The follow in wat ce water su 1 waters that are classified WS-III. Water quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-III waters. (1) a est usage of WS-III waters are as o ows: a -source oil warer supply ior-rt rng, culinary, or food -processing purposes for those users. where a more protective WS-I or WS-11 classification is not feasible and any other best usage specified for Class C waters; (2) The conditions related to the best usage are as follows: waters of this class are protected as water supplies which are generally in low to moderately developed watersheds and meet average watershed development density level's as specified in Sub -Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule; discharges that qualify for a General Permit pursuant to 15A NCAC 2H .0127, trout farm discharges, recycle (closed loop) systems that only discharge in response to I0-year storm events, and other stormwater discharges are allowed in the entire watershed; treated domestic wastewater discharges are allowed in the entire watershed but no new domestic wastewater discharges are allowed in the critical area; no new industrial -wastewater discharges except non -process industrial discharges are allowed in the entire watershed; the waters, following treatment required by the Division of Environmental Health, shall meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, or food -processing purposes which are specified in the national drinking water regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 1 SC .1500. Sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard. The Class WS-I11 classification may be used to protect portions of Class WS-IV water supplies. For. reclassifications of these portions of WS-IV water supplies occurring after the July 1, 1992 statewide reclassification, the more protective classification requested by local governments shall be considered by the Commission when all local governments having jurisdiction in the affected area(s) have adopted a resolution and the appropriate ordinances to protect.the watershed or the Commission acts to protect a watershed when one or more local governments has failed to adopt necessary protection measures; (3) Quality standards applicable to Class WS-Ill Waters are as follows: (a) Sewage, industrial wastes, non -process industrial wastes, or other wastes: none shall be allowed except for those specified in Item (2) of this Rule and Rule .0104 of this Subchapter; none shall be allowed that have an adverse effect on human health or that are not effectively treated to the satisfaction of the Commission and. in accordance with the requirements of the Division of NORTH CAROLINA ADMINISTRATIVE CODE_ Eff. May 1, 2007 _ Paee 29 lth Environmental Health, North Carolina Department of Environment and Natural Resources. Any -II discharger may be required by the Commission to disclose all chemical constituents present or : potentially present in their wastes and chemicals which could be spilled or be present, in runoff from their facility which may have an adverse impact on downstream water quality. These facilities may be required to have spill and treatment failure control plans as well as perform special monitoring for toxic substances; (b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters for use as water supply or any other designated use; (i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed: (A) Low Density Option: development density must be limited to either no more than two dwelling units of single family detached residential development per acre (or 20,000 square foot lot excluding roadway right-of-way) or 24 percent built -upon area for all other residential and non-residential development in watershed outside of the critical area; stormwater runoff from the development shall be transported by vegetated conveyances to the maximum extent practicable; (B) High Density Option: if new development density exceeds the low density option requirements specified in Sub -Item (3)(b)(i)(A) of this Rule then development must control runoff from the first inch of rainfall; new residential and non-residential development shall not exceed 50 percent built -upon area; (C) Land within the watershed shall be deemed compliant with the density requirements if the following condition is met: the density of all existing development at the time of reclassification does not exceed the density requirement when densities are averaged -throughout the entire watershed area; (D) Cluster development is allowed on a project -by -project basis as follows: (I) overall density of the project meets associated density or stormwater control requirements of this Rule; As (II) buffers meet the minimum statewide water supply watershed protection requirements; or (III) built -upon areas are designed and located to minimize stormwater not runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated lies areas, and maximize the flow length through vegetated areas; lent (IV) areas of concentrated development are located in upland areas and ule; away, to the maximum extent practicable, from surface waters and ;es, drainageways; ater (V) remainder of tract to remain in vegetated or natural state; the (VI) area in the vegetated or natural state may be conveyed to a property lew owners association, a local government for preservation as a park or .tire greenway, a conservation organization or placed in a permanent the conservation or farmland preservation easement; :ing (VII) a maintenance agreement for the vegetated or natural area shall be Iles filed with the Register of Deeds; and yof (VIII) cluster development that meets the applicable low density option llity requirements shall transport Stormwater runoff from the development .ies. by vegetated conveyances to the maximum extent practicable; side (E) A maximum -of 10 percent of each jurisdiction's portion of the watershed the outside of the critical area as delineated on July 1, 1993 may be developed with lion new development projects and expansions of existing development of up to 70 ,hen percent built -upon surface area in addition to the new development approved in compliance with the appropriate requirements of Sub -Item (3)(b)(1)(A) or Sub -Item (3)(b)(i)(B) of this Rule. For expansions to existing development, the wed existing built -upon surface area is not counted toward the allowed 70 percent 1 be built -upon surface area. A local government having jurisdiction within the the watershed may transfer, in whole or in part, its right to the 10 percent/70 percent of land area to another local government within the watershed upon submittal of 29 NORTH CAROLINAADMINISTRATIVE CODE Eft: Mav 7, 2007 Pace 30 (c) (d) (e) (0 (g) (h) joint resolution and review by the Commission. When the water watershed is composed of public lands, such as National Forest lar governments may count the public land acreage within the watershed of the critical area in figuring the acreage allowed under this provision, F governments that do not choose to use the high density option in that watershed, each project must, to the maximum extent practicable, n built -upon surface area, direct stormwater runoff away from surface wa incorporate best management practices to minimize water quality imF the local government selects the high density development option wil WS-11I watershed, then engineered stormwater controls must be empJ+ the new development; (F) If local governments choose the high density development option which engineered stormwater controls, then they shall assume ultimate respo for operation and maintenance of the required controls as outlined in Rt of this Subchapter; (G) Minimum 100 foot vegetative buffer is required for all new deve activities that exceed the low density requirements as specified in S (3)(b)(i)(A) and Sub -item (3)(b)(ii)(A) of this Rule, otherwise a mini foot vegetative buffer for development is required along all perennia indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minus topographic maps or as determined by local government studies. Nothit Rule shall stand as a bar to artificial streambank or shoreline stabiliza (H) No new development is allowed in the buffer; water dependent struci other structures such as flag poles, signs and security lights, which resul de minitus increases in impervious area and public projects such crossings and greenways may be allowed where no practicable alternati� These activities shall minimize built -upon surface area, direct runoff av surface waters and maximize the utilization of BMPs; (1) No NPDES permits shall be issued for landfills that discharge treated 1 (ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria: (A) - Low Density Option: new development limited to either no more t dwelling unit of single family detached residential development per 40,000 square foot lot excluding roadway right-of-way) or 12 percent bt area for all other residential and non-residential development; stormwati from the development shall be transported by vegetated conveyance maximum extent practicable; (B) High Density Option: if new development exceeds the low density requ specified in Sub -Item (3)(b)(ii)(A) of this Rule, then engineered sto; controls must be used to control runoff from the first inch of development shall not exceed 30 percent built -upon area; (C) No new permitted sites for land application of residuals or pe contaminated soils are allowed; (D) No new landfills are allowed; MBAS (Methylene -Blue Active Substances): not greater than 0.5 mg/1 to protect the qualities of water supplies and to prevent foaming; Odor producing substances contained in sewage, industrial wastes, or other wastes: of amounts, whether alone or in combination with other substances or wastes, as shall not cal and odor difficulties in water supplies which cannot be corrected by treatment, im palatability of fish, or have a deleterious effect upon any best usage established for water class; Chlorinated phenolic compounds: not greater than 1.0 ug/l to protect water supplies fri and odor problems from chlorinated phenols; Total hardness: not greater than 100 mgll as calcium carbonate; Total dissolved solids: not greater than 500 mg/l; Toxic and other deleterious substances: NORTH CAROLINA ADMINISTRATIVE CODE EL. May 1, 2007 „ Pau 31. 1iy (i) Water quality standards (maximum permissible concentrations) to protect human health ;al through water consumption and fish tissue consumption for non -carcinogens in Class of WS-II1 waters: :al (A) Barium: 1.0 mg/1; III (B) Chloride: 250 mg/l; Vze (C) Manganese: 200 ug/l; .nd (D) Nickel: 25 ug/l; If (E) Nitrate nitrogen: 10 mg/1; .iat (F) 2,4-1): 100 ug/l; for (G) 2,4,5-TP (Silvex): 10 ugll; (H) Sulfates: 250 mg/1; res (ii) Water quality, standards (maximum permissible concentrations) to protect human health ity through water consumption and fish tissue consumption for carcinogens in Class WS-III 04 waters: (A) Aldrin: 0.05 ng/l; ent (B) Arsenic: 10 ug/l; em (C) Benzene: 1.19 ug/1; 30 (D) Carbon tetrachloride: 0.254 ug/l; ers (13) Chlordane; 0.8 ng/l; ale (F) Chlorinated benzenes: 488 ug/l; his (G) DDT: 0,2 ng/l; (H) Dieldrin: 0.05 ng/l; or (I) Dioxin: 0.000005 ngll; my (J) Heptachlor: 0.08 ng/l; )ad (K) Hexachlorobutadiene: 0.44 ug/l; sts. (L) . Polynuciear aromatic hydrocarbons (total of all PAHs): 2.8 ng/l; om (M) Tetrachloroethane (1,1,2,2): 0.17 ug/l; (N) Tetrachloroethylene: 0.7 ug/l; ite; (0) Trichioroethylene: 2.5 ugll; (P) Vinyl Chloride: 0.025 ug/l. one (or History Note: Authority G.S. 143-214.1; 143-215.3(a)(1),- w Eff. September 9, 1979; toff Amended Eff. May 1, 2007; April 1, 2003; January 1, 1996; October 1, 1995; October 1, 1989. the ;nts Ater ;all; :um etic uch aste the this aste 3l NORTH CAROLINAADMINISTRATIVE CODE _ Eff Mil, 2007 Pave 32 WAr�;o Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 6/26/2003 CERTIFIED MAIL -- - RETURN RECEIPT REQUESTED I Bill Vanness 2 2003 I Citation Corp P 0 Box 748 I --- Biscoe NC 27209Ti SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT PERMIT NUMBER NCS000255 Citation Corp -Foundry Service Montgomery COUNTY Dear Permittee: Payment of the required annual administering and compliance monitoring fee of $716.00 for this year has not been received for the subject permit. This tee is required by Title 15 North Carolina Administrative Code 2H.0105, under the authority of'North Carolina General Statutes 143-215.3(a)(1), (ta) and (1b). Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k) (4), and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the enforcement authority of the Division of Water Quality. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, NC 27699-1617 If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30) days following recipt of this notice, Identifying the specific issues to be contended. This request must be in the form of a written petition conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or payments received, revocation shall be final and binding. If you have any questions, please contact: Mr. Paul Rawls, Fayetteville Water Quality Regional Supervisor, (910) 486-1541. cc: Supevisor, Water Quality Permits and Engineering Unit Fayetteville Regional Office County health Department Sincerely, wto-4, ��t Alan W. Klimek, P.E. 1617 Mail Service Center, Raleigh, NC 27699-1617 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-733-9919 50%, recycled / 10% post -consumer paper