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HomeMy WebLinkAboutNCS000209_Permit Issuance_20180502-___---- STORMWATER-DIVISION-CODING-SHEET -- PERMIT NO. DOC TYPE N FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ 2 (� 12 6S 01 YYYYM M D D Central Files: APS - SWP 5/2/2018 Permit Number NCS000209 Permit Tracking Slip Program Category Status Project Type NPDES SW Active Renewal Permit Type Version Permit Classification Stormwater Discharge, Individual RI__CLIVEW 3.00 Individual Primary Reviewer MAY 0 2 2018 Permit Contact Affiliation bradley.bennett Angela Beck CEN I KAL FILES Coastal SWRule DWR SECTION PO Box 677 Mountain Home NC 28758 Permitted Flow 0 Facility Facility Name Major/Minor Region Haynes International, DSA Haynes Wire Company Minor Asheville Location Address County 158 N Egerton Rd Henderson PO Box 677 Facility Contact Affiliation Mountain Home NC 28758 Angela Beck Owner PO Box 677 Mountain Home NC 28758 Owner Name Owner Type Haynes International Inc Non -Government Owner Affiliation Greg Spalding Products Tube VP Wre and PO Box 677 DateslEvents Mountain Home NC 28758 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 8/31/1994 11/15/2013 3/6/2018 3/14/2018 5/1/2018 5/1/2018 4130/2023 Regulated Activities Requested !Received Events Metal products manufacture Region comments on draft requested 318118 Stormwater (activities not covered) Region comments on draft received 511/18 Outfall 001 Waterbody Name Streamindex Number Current Class Subbasin Mud Creek 6-55 C 04-03-02 Outfall 002 Waterbody Name Streamindex Number Current Class Subbasin Mud Creek 6-55 C 04-03-02 J Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY May 1, 2018 Ms. Angela Beck Haynes International, Inc. PO Box 677 158 N. Egerton Rd Mountain Home, NC 28758 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: Final NPDES Stormwater Permit Permit No. NCS000209 Haynes International, Inc. dba Haynes Wire Co. Henderson Count), Dear Ms. Beck: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000209, the Division of Energy, Mineral and Land Resources is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes no major changes from the draft permit sent to you on March 9, 2018. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. If any parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, then you have the right to file a petition for a contested case with the Office of Administrative Hearings within thirty (30) days following receipt of this Ietter. This petition must conform to the requirements of Chapter 150B of the North Carolina General Statutes. Petitions must be filed in a timely manner with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. If you do not file a petition within the required time, the agency decision shall be final and binding. State of North Carolina I Environmental Quality' Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T Final Permit—NCS000209 Page 2 Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by this Division, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions or comments concerning this permit, please contact Bradley Bennett at (919) 807-6392 or at brad Iey.bennett(cDncdenr.gou. Sincerely, for William E. (Toby) Vinson, Jr., P.E., CPESC, CPM Interim Director cc: Sam Sampath, Ph.D., EPA Rcgion IV61 Forsyth Street, Atianta, GA 303U3, Stan Aiken, DEMLR Asheville Regional Office Stormwater Program DWR Central Files Attachments Permit No. NCS000209 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Haynes International, Inc. dba Haynes Wire Company is hereby authorized to discharge stormwater from a facility located at Haynes Wire Company 158 N. Egerton Road Mountain Home, NC Henderson County to receiving waters designated as UT to Mud Creek a class C stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and IV hereof. This permit shall become effective May 1, 2018. This permit and the authorization to discharge shall expire at midnight on April 30, 2023. Signed this day May 1, 2018. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NC9900209` TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 1I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: On -Site Vehicle Maintenance Monitoring Requirements Section D: Qualitative Monitoring Requirements Section E: Special Conditions PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7, Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply 0 It Permit No. NCS000209 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges S. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS It Permit No. NCS000209' PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NO[) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP ' +. Permit No. NCS000209 Latitude: 35' 22' 25" N NCS000209 Longitude: 82' 29' 09" \C' Facility Haynes International, Inc. Location R County: Henderson dba Haynes Wire Company Stream Class: C Receiving Stream: UT to ,Mud Creek Sub -basin: 04-03-02 (French Broad River Basin) 0yottAl F Not to Scale Part I Page 2 of 2 Permit No. NCS000209 ` PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part I1I, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 13 Permit No. NCS000209 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part 111, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 31.3 of Title Ill of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit.. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part II Page 2 of 13 Permit No. NCS000209 shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BM P Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part 11 Page 3 of 13 Permit No. NCS000209 personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list ofsignificant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for theYresence of;:c 1-storm vater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See: https: f /deq.nc.gov/about/divisions/energy- mineral-land-resources/npdes-stormwater-ind ivi dual). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of A Permit No. NCS000209' SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements Parameter Code Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 C0530 Total Suspended Solids TSS m L semi-annual Grab SDO 400 pH standard semi-annual Grab SDO 46529 Total Rainfall4 inches I semi-annual Rain Gauge I- 1067 Nickel (Ni), Total Recoverable - add to otherparameters in year 4 mg/L semi-annual 4th year only Grab SDO Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes Part 11 Page 5 of 13 m Permit No. NCS000209 of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Semi -Annual Monitoring Eventsi,Z Start Date (All Years)3 End Date (All Years)3 Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified timnc period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 Nickel (Ni), Total Recoverable mg/L 0.335 pH standard 6-9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part If Page 6 of 13 Permit No. NCS000209' Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at _ a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analvtical results: Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Part II Page 7 of 13 Permit No. NCS000209 This site discharges to impaired waters experiencing problems with biological integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of Mud Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the Stormwater Pollution Prevention Plan. SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle ,maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Parameter Code Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 S52 Non -Polar Oil & Grease by EPA Method1664 SGT-HEM mg/L semi-annual Grab SDO C0530 Total Suspended Solids m L semi-annual Grab SDO 46529 Total Rainfa114 inches semi-annual Rain gauge - --1 New Motor Oil Usage I gallons/month I semi-annual I Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain . gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted for an on -site reading. Part II Page 8 of 13 Permit No. NCS000209 ' Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part II Section B. Monitoring results shall be compared to the benchmark values in Table S. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in response to a tiered program. See description of tiers and required response in Part II Section B. Table S. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark Non -Polar Oil & Grease by EPA Method1664 (5GT-HEM) mg/L 15 Total Suspended Solids mg/L 100 TSS (HQW, ORW, Tr, and PNA) mg/L 50 SECTION D: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with Industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Part II Page 9 of 13 Permit No. NCS000209 Table 6. Qualitative Monitoring Re uirements Discharge Characteristics Frequencyl Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. if the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters [analytical or qualitative] • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part 11 Page 10 of 13 Permit No. NCS000209 SECTION E: SPECIAL CONDITIONS A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirements (Supplements Section E. (1.) and Supersedes Section E. L" Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater monitoring data. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Part 11 Page 11 of 13 Permit No. NCS000209 Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. How to Request a Waiver from Electronic Reportine The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed S years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: fittl2:././deq..nc.gov/about./divisions/water-resout-ces/edmr 3. Signatory Requirements (Supplements Section B. (3.) (b) and Supersedes Section B. (3.L(d1� All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part Ill, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part III, Section B. (3.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: httl2:././deq.nc.gov/about./divisioiis/water-resoui-ces.ledmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: '7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly, Part II Page 12 of 13 Permit No. NCS000209 ` responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of f nes and imprisonment for knowing violations. " 4. Records Retention [Supplements Section D. 6. The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at anytime [40 CFR 122.41]. Part II Page 13 of 13 Permit No. NCS000209 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The stormwater Pollution Prevention Plan shall he developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Duty to Comp The permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 40S of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part I I1 Page 1 of 9 Permit No. NCS000209 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class 1 violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class II violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liabili Except as provided in Part Ill, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. PartIll Page 2 of 9 .1 Permit No. NCS000209 Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1506-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for _Tam erina The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any rernrd or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore onst This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part III Page 3 of 9 Permit No. NCS000209 Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.611 or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part Il I Page 4 of 9 .11 Permit No. NCS000209 d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygother and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penaltiesforsubmitting false information, including the possibility offines and imprisonmentfor knowing violations." 4. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. S. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(I)]. u. Annuai Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part III Page 5 of 9 Permit No. NCS000209 ' c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Part III Page 6 of 9 Permit No. NCS000209 Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DM Rs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Inspection and EntU The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, nr where r ecor ds muSt be kept under tine conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS Discharge Monitorine Report Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (https:/Ideq.nc.gov/about/divisions/energy-mineral- land-resources/nudes-stormwater-individual). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213 .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Part lIl Page 7 of 9 Permit No. NCS000209 The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharees If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. S. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. B. Bypass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass . b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part III Page 8 of 9 Permit No. NCS000209 9. Twenty-four Hour Renortin a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(l)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part Il I Page 9 of 9 Permit No. NCS000209 PART IV DEFINITIONS Act See Clean Water Act. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPs Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: htt www.e a. ov n des nati nal-menu-best-niana ement ractices-bm s-stormwater#edu. S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. Part IV Page 1 of 4 Permit No. NCS000209 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies cf this i ,forimation and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16, Municipal Separate Storm Sewer System (MS4] A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000209 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Prioritv Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Pronertv Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge OutfallLSO1 The point of departure of Stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages Permit No. NCS000209 30. Stormwater Associated with Industrial Activi The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce Stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at https: (f deq.nc.gQv/abut/divisions f water-resotirccs/plannin_g/mo-deling- assessor ent/tmdls/dra ft-and-app roved-tmd Is. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle Maintenance Activitv Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 2S-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages NC Division of Energy, Mineral and Land Resources Review of Permit Renewal — NCS000209 Haynes International, Inc. — dba Haynes Wire Company SIC 3315 — Primary Metals Industry -> Metal Wire Manufacturing. Monitoring — The facility has been monitoring for TSS, Ni and pH. Previous permit did have tier system (2 tiers). o Data reviewed from 2009 through 2017. Over this time pH results at both outfalls have at times been below 6 on many occasions. These results should have lead to monthly monitoring but data don't indicate that the facility followed this requirement. Discussions with staff (Angela Beck) indicated that the facility may have been monitoring incorrectly and follow different protocol now. Only one exceedance since 2013. o TSS values have only exceeded the benchmark on two separate occasions, one at each outfall. Nickle results appear to be reported in mg/L and sometimes in ug/L. Taking this into account there do not appear to be exceedances. o Maintain all parameters in the permit, pH due to the exceedances, TSS as a baseline parameter and Ni due to use of the material in the process and wire exposure. For Ni since the values were low, only require semi-annually during the 4th year of the permit. o Tier structure adjusted to have the three levels as in current permits. o VM monitoring changed to be consistent with current permits. o Parameter codes added to permit. Facility drains to a UT to Mud Creek 6-55 in the French Broad River Basin, class C stream. 2014 Assessment Report shows section 6-55c2 as impaired for Biological Integrety with parameters of interst being metals, pH, DO). Basin plans and other info indicate a number of project ongoing in the watersheds to try and improve. Since this facility has potential parameters of concern the impaired waters language has been maintained in Part II Section B. • NC National Heritage review — No threatened or endangered species noted but there are a number of significantly rare species noted in the letter in the file. The accuracy noted for information on the location of most of these is low. In addition, a number of the elements appear to have been noted within the county but no specific information is available to the exact location. • ARO — Draft permit and other info sent to region 3/9/18 for comments within 30 days. Email to Shawna on 4/29/18 to see if they have any input. CITIZEN TIMES NC DIV. OF ENERGY MINERAL AND LAND RESOURCES' INTEIYr To ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMrr Public -comment or abjection to the draft permit is invited. Submit written com- ments to DEMLR at the address below. All comments received through April 13, 20is will be considered in the final determina- rron regarding permit issuance and permit provisions. Application: Haynes Wire Company 158 N. Egerton Rd, Mountain Home, NC r28758 has apglied for an NPOES permit renewal to disc arge stormwater from an industri- al facility at this address in Henderson County. The facility discharges to a UT to Mud Creek in the French Broad River Ba- sin. Permit NCS000209. Stormwater Program Contact: Bradley Bennett (919)807-6392 o, doiey.uennettt7ncoenr.gov A copy of the draft permit A available at: http:lldeq. nc� goy1a boutldivisionslenergy- mineral-,and-resourceslevents. Additional permit documents are available for the re- production cost at: DEMLR Stormwater Program 512 N. Salisbury Street 1612ggMail Service Center'I Ralei? if6 C 27699-iW2 RECEIVED MAR 2 3 2018 DENR-LAND QUALITY STORMWATER PERMITTING RARTOFTHE USA TODAY NETWORK AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned,a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Kelly Loveland, who, being first duly sworn, deposes and says: that she is the Legal Clerk of The Asheville Citizen -Times, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as first class mail in the City of Asheville. in said Countv and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hen: to, was published in The Asheville Citizen -Times on the following date(s) 03114118. And that the said newspaper in which said notice, paper, document or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. Si ned this 15th of March 201 B. (Signature of peAon making a avlt) Sworri to and subscribed before tjle 15th of March 2018 Public) My Commissi6n expires the 5th day of October, 2018 (828)-232-5830 1 (828) 253-5092 FAX 14 O. HENRY AVE. I P.O. BOX 2090' I ASHEVILL'E, NC 28802 1 (800) 800-4204 `'.�`����NPt ~� Notary At? Buncombe n _= County — My Comm. Ex , S s-1 o�ry CARD�,��`• f ir111111100 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY March 9, 2018 Ms. Angela Beck Haynes International, Inc. PO Box 677 158 N. Egerton Rd Mountain Home, NC 28758 ROY COOPER Govemor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: Draft NPDES Stormwater Permit Permit No. NCS000209 Haynes internationai, Inc. dba Haynes Wire Co. Henderson County Dear Ms. Beck: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from the facility's current permit: 1. You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part li, Section B. This term is different from the "representative storm event" in earlier permits. 2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II, Section A. 3. Monitoring requirements remain very similar in the permit with required annual monitoring for TSS and pH and monitoring for Ni in the 4Fh year of the permit. Stormwater benchmarks remain in the permit with the Ni benchmark updated. Keep in mind that benchmarks are not permit limits, but rather guidelines for implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark exceedance is not a permit violation; however, the permittee must respond to exceedances. The draft permit has modified the tiered response process for benchmark exceedances consistent with other permits in our program. Please become familiar with the tiered process as proper response under the tiers may be enforceable items under your permit. Response to the tiered process may State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T NCS000209 Draft Permit Page 2 include review of onsite conditions, installation of BMPs or requirements for more frequent monitoring. 4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease (EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. The benchmark for Non -polar Oil & Grease using this method is 15 mg/L. This requirement appears in all individual stormwater permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. Also, pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. 5. Language has been added under Part II Section D to address potential responses to qualitative monitoring issues. 6. A new section on Special Conditions has been added in Part II, Section E to comply with federal regulations requiring electronic submittal of discharge monitoring reports. Our electronic submittal process is not available for use at this time, but we will continue to provide feedback on when this process will be available. 7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part III, Section A, 2(b) and (g). Please review the draft permit and submit any comments to me no later than 30 days following your receipt of the draft. Comments maybe emailed tome at bradley.bennett@ncdenr.gov or mailed to my attention at NC DEMLR, Stormwater Permitting Program, 1612 Mail Service Center, Raleigh, NC 27699-1612. With this notification the Division will solicit comment on this draft by publishing a notice in a local newspaper. Following the 30 day public comment period, the Division will review comments and take appropriate action prior to issuance of the final permit. If you have any questions, please email me or call me at (919) 807-6392. Sincerely, Bradley Bennett Stormwater Permitting Program Attachment: Draft Permit NCS000209 cc: Stan Aiken, DEMLR Asheville Regional Office — via email Stormwater Permitting Program Files NCS000209 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted bythe North Carolina Environmental Management Commission, and the'Federal Water Pollution Control Act, as amended, Haynes It te" national, Inc. db`a.Haynes�Wii e Company is hereby authorized to discharge stormwater from a facility located at !� - "Haynes Wire Company -�` 158 N. Egerton Road Mountain Horne, NC Henderson County to receiving waters designated as UT to Mud Creek a class C stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, Ili, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [May 1, 2018]. This permit and the authorization to discharge shall expire at midnight on [April 30, 2023]. Signed this day [April 30, 2018]. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000209 DRAFT TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section 13: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS, FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan' Section 13, Analytical Monitoring Requirements,, Section C: On -Site Vehicle Maintenance Monitoring Requirements Section D: Qualitative Monit6ri.n'g Requ�irements Section E: Special Conditions PART Ill STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10, Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Permit No. NCS000209 DRAFT Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Nota Defense 4 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records., i. Representative Sampling. 2. Recording Results_, 3. Flow Measurement`s 4. Test, -Procedures^ 5. Repr`esentative Outfall 6. Records Retention 7. inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS It Permit No. NCS000209 DRAFT PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NO[) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000209 DRAFT Latitude: 35" 22' 25" N NCS000209 y Facilit: Longitude: 82' 29' 09" \�� g Haynes International, Inc. r County: IIenderson Location dba Haynes Wire Company Loca Stream Class: C Receiving Stream: UT to -Mild Creek Sub -basin: 04-03-02 (French Broad River Basin) �fJ oletC R Not to Scale Part I Page 2 of 2 Permit No. NCS000209 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part Ill, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview, The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part I[ Page 1 of 13 Permit No. NCS000209 DRAFT (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priories chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any Stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part 11 Page 2 of 13 Permit No. NCS000209 DRAFT shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part II B, C, and D of this permit. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part II Page 3 of 13 Permit No. NCS000209 DRAFT personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BM Ps (BMPSummary element of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here: littp://deq.nc.g_ov�about/divisions/energy-mineral-land-resources/energy- mineral-land-permits/stormwater-permits/npdes-industria]-sw). The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BM Ps consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 13 Permit No. NCS000209 DRAFT SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requirements Parameter Code Discharge Characteristics Units Measurement Frequency! Sample Type2 Sample Location3 530 Total Suspended Solids (TSS) m L semi-annual Grab SDO 400 pH standard semi-annual Grab SDO 46529 Total Rainfa114 inches semi-annual Rain Gauge - 1067 Nickel (Ni), Total Recoverable mg/L semi-annual 4th year on Grab SDO F ot�note5: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes Part If Page 5 of 13 Permit No. NCS000209 DRAFT of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Semi -Annual Monitoring Events1,2 Start Date (All Years)3 End Date (All Years)3 Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. [May consider adding comment if permit is issued with little time to conduct monitoring during one of the listed periods.) Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 Nickel (Ni), Total Recoverable mg/L 0.335 pH standard 6-9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part 11 Page 6 of 13 Permit No. NCS000209 DRAFT Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. Tier Two If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then. The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 34 days of receipt of the fourth analvtical results: Then. The Division may but is not limited to. • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Part 11 Page 7 of 13 Permit No. NCS000209 DRAFT This site discharges to impaired waters experiencing problems with biological integrity. if a 'Total Maximum Daily Load ('TMDL) is approved for this segment of Mud Creek, the permittee may be required to monitor for the pollutants) of concern in the future and submit results to the Division. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the Stormwater Pollution Prevention Plan. SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle raintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Parameter Code Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 552 Non -Polar Oil &Grease by EPA Methodl664 SGT HEM mg/L semi-annual Grab SDO 530 Total Suspended Solids m L semi-annual Grab SDO 46529 Total Rainfall¢ inches semi-annual Rain gauge - -- New Motor Oil Usage gallons/month semi-annual Estimate - Footnotes- 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. lfthe facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted for an on -site reading. Part 11 Page 8 of 13 Permit No. NCS000209 DRAFT Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part II Section B. Monitoring results shall be compared to the benchmark values in Table S. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmarkvalues require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in response to a tired program. See description of tiers and required response in Part 11 Section B. Table 5. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 TSS (HQW, ORW, Tr, and PNA) mg/L 50 SECTION D. QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of Stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging Stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a Stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Part 11 Page 9 of 13 Permit No. NCS000209 DRAFT Table 6. Qualitative Monitoring Requirements Discharge Characteristics Frequency; Monitoring Location2 Color semi-annual SDO Odor semi-annual SDO Clari semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitorinE periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. itative Monitori Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. Part 11 Page 10 of 13 Permit No. NCS000209 DRAFT SECTION E: SPECIAL CONDITIONS A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit (Standard Conditions far NPDES Permits): • Section B. (3.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirements [SupRlements Section E. (1.) and Supersedes Section E. LL. H Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when eDMR is ready to accept stormwater monitoring data. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Part 11 Page 11 of 13 Permit No. NCS000209 DRAFT Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: htt de .nc. ov about divisions water -resources edmr 3. Signatory Requirements [Supplements Section B. (3.)(b) and Supersedes Section 13. (3.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part I11, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part I11, Section B. (3.) (b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: //deq.nc.gov jabout/divisions/water-resources jedmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those per sons directly Part 11 Page 12 of 13 Permit No. NCs000209 DRAFT responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonmentfor knowing violations." 4. Records Retention [Supplements Section D. (Q] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part 11 Page 13 of 13 Permit No. NCS000209 DRAIN PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance -Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part ll, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time; The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.411. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.411. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 40S of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part Ill Page 1 of 9 Permit No. NCS000209 DRAFT d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f, Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $20,628 per violation, with the maximum amount of any Class I penalty assessed not to exceed $51,570. Penalties for Class 11 violations are not to exceed $20,628 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. S. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part Ill Page 2 of 9 Permit No. NCS000209 DRAFT Severabilitx The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. B. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Fal5ifigajipja gf Reports The Clean Water Act provides that any person who knowingly makes any false statement, rep es Ontati0n, Or ccrtiiic.7iio n in a ny record or athcr dacum crt s.ub^.:.d maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any Onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit (40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Par -till Page 3 of 9 Permit No. NCS000209 DRAFT Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(I)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part III Page 4 of 9 Permit No. NCS000209 DRAFT d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offrnesand imprisonmentfor knowing violations." 4. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. S. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 ffll. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. ]Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part Ill Page 5 of 9 Permit No. NCS000209 DRAFT c. The permittee submitted notices as required under, Part 111, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and €. The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. PartIll Page 6 of 9 Permit No. NCS000209 DRAFT 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at anytime [40 CFR 122.41]. Insp"lion and Entev The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the perinittee's preen;ses where a regulated facility or 1Ciivit; is !0c3tcd Or conductcd, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitorinaeports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (http://deq.nc.gov/about/divisions/energy-mineral- land-resources/energy-mineral-land-permits/storniwater-permits/nodes-industrial-sw). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Part Ill Page 7 of 9 Permit No. NCS000209 DRAFT The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.66 or in Section 309 of the Federal Act. 4. Non-Stor water Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(l)(2)]. 7. Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bvoass Notice [40 CFR 122.41(m)(3)1: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass . b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part Ill Page 8 of 9 Permit No. NC5000209 DRAFT Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(l)(6)]. b. The Director may waive the written report on a case-hy-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11, Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part [iI Page 9 of 9 PART IV DEFINITIONS 1. Act See Clean Water Act. NCS000209 DRAFT PERMIT 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weather.does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant.DMR. 3. Allowable Non-Stormwater Discharges , This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are autborized,by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, aif-conditioner condensate without added chemicals, springs, discharges of uncoritariiinated potable water, waterline and fire hydrant flushings, water from footing drains; flows'from'riparian habitats and wetlands. c. Discharges resulting from`fire-fighting or fire' -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPs3 Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity;or physical structure. More information on BMPs can be found at: 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. Director Part IV Page 1 of 4 Permit No. NCS000209 DRAFT The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Subktance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15, Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written regnast letter shall be cent to the !oca! DEMLR Rcgi ,.,al Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MW A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure, A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit IssuingAuthority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000209 DRAFT 22. Relresentative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title Il I, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122 on Table if (organic priority pollutants}, Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Property Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title IH of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. 5ignificant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with Industrial Activity Part 1V Page 3 of 4 Pages Permit No. NCS000209 DRAFT The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDLI TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at https://deg.nc.gov/about/divisions/`water-resources/pl�ling/mQdeling- ase sment/tmdls/draft-and-approved-tmdls. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act. 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages • (� I� SOS1D: 0748371 Date Filed: 11/21/2016 5*40.00 PSI Elaine F. Marshall North Carolina Secretary of State C11116 322 00207 Delaware. Page I The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: "HAYNES WIRE COMPANY", A DELAWARE CORPORATION, WITH AND INTO "BAYNES INTERNATIONAL, INC." UNDER THE NAME OF "HAYNES INTERNATIONAL, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE. AS RECEIVED AND FILED IN THIS OFFICE ON THE SECOND DAY OF MAY, A.D. 2016, AT 4:38 O'CLOCK P.M. 3859422 8100M r"�"' SR# 20166663825 `�"' You may verify this certificate online at corp.delaware.gov/authvershtml Jvm.�rwre�sc;s.aw,ryot:sen� Authentication: 203348371 Date: 11-16-16 ap State of 'Delaware' Secretary of State Dlvislon of Corporations Delivered 04:38 P110510212016 FILED 04:38 PM 05I0212016 SR 20162733556 - FlleNumber 2109284 CERTIFICATE OF O"ERSHIP AND MERGER MERGING HAYNES WIRE COMPANY WITH AND INTO HAYNES INTERNATIONAL, INC. Pursuant to Section 253 of the Delaware General Corporation Law (the "DGCL"), HAYNES INTERNATIONAL, INC. (the "Corporation"), a ,Delaware corporation, does hereby certify -to the foilowing.inforniation (elating to'the merger (tire "Merger") of HAYNES WIRE COMPANY, a Delaware corporation (the "Subsldtary"), with and into the Corporation, with the Corporation remaining as. the surviving corporation: 1. The. Corporation owns all of the outstanding shares of each class of capital stock of. the Subsidiary. 2. The Board of Directors of the Corporation, by resolutions duly adapted at a meeting - held on April 28, 2616 and. attached .hereto as Exhibit A, determined. to merge the Subsidiary with and .into the Corporation pursuant to Section 253 of the DGCL. 3. The Corporation shall be the tufviving corporation of the Merger. 4, The Certificate of Ownership and Merger and the Merger shall become effective immediately upon filing of this Certificate. IN WITNESS WHEREOF, the Corporation bas caused this Certificate of Ownership and Merger .to be -signed by an authorized officer, the:2e day of: April, 2016. HAYNES TERNA3'I AL, INC. By: anise W. Gunst, Vice President General Counsel `4' EXHIBIT A BOARD RESOLUTIONS WHEREAS, HAYNES 1NTERNATIONAL, INC., a Delaware corporation (the '.'Corporation"), owns all of the issued and outstanding shares of each class of capital stock of HAYNES WIRE COMPANY, a Delaware corporation (the "Subsidiary"); and WHEREAS, it is deemed advisable and in the best interest of the Corporation that the Corporation merge the Subsidiary with and into the Corporation; NOW, THEREFORE, BE 1T: - RESOLVED_ , that the .Subsidiary be merged with and into the Corporation pursuant to Section 253 of the Delaware General Corporation Law (the "Merger"), so that the separate existence of the Subsidiary shall cease as soon as the Merger shall become effective, and the Corporation shall continue as the surviving corporation; and RESOLVED FURTHER, that the President, any Vice President, the Secretary and any other officer of the Corporation (each such person, an "Authorized Officer") be, and each of them hereby is, authorized to prepare and execute a Certificate of Ownership and Merger setting forth a copy of these resolutions, and to file the Certificate of Ownership and Merger with the Secretary of State of Delaware and pay any fees related to such filing; and RESOLVED FURTHER; that each of the Authorized Officers be, and each of them hereby is, authorized and empowered to take all such further action and to execute, deliver and file all such further agreements, certificates, instruments and documents, in the name and on behalf of the Corporation, and if requested or required, under its corporate seal duly attested by the Secretary or Assistant Secretary; to pay or cause to be paid all expenses; to take all such other actions as they or any one of them shall deem necessary, desirable, advisable or appropriate to consummate, effectuate, carry out or further the transactions contemplated by and the intent and purposes of the foregoing resolutions. NC Division of Energy, Mineral and Land Resources NPDES Stormwater Permit Contacts Summary NC DEMI,R has the rallowine contact information in our Permit Vatahaw. for your permit_as of3/612018. Permit Number: NCS000209 Permit Type: St—wAter bischarneindi 1 Facility Name: a n rrt� m }{ ��,�� $ �ker n Q r Q 1, D H ay nt? C o m p a n -,/ ✓ Facflity Addresst: 158 N Egerton Rd Facility Address2: 0 %o y (41- City, State a Zip: Mountain Hartle. NC 28758 Owner Information Details: MUST submit a-oa ye afAiame%Ownershrpfarm ta: DEMLR':to make `any Ehiarig es.bo tl't s Owner irtfbi aiion. Sec "Miscellaneous Forms" at:L�/taorlal.ntttenr.�sr9IMbllrin2dg water Owner Name: Haynes 4!iCQ' moanv 140.yne S Z'aern4%.5f1A1 �r ZriCI ..-I Owner Type: Non:QgQ rnmg" Owner Type Group: 0manization 4**Legally Respansible for P'nit s** ry VS-' �. - _. �,-tillQt�f�lt9�?'ll�i7�!�3t%�kitlrg iRiKG�' '�ir�MFet+a��.k!il�uu�T:W(�r�i �u•vssa Qi i�CLIXf '{ �. ";' � '� v _ .. ...err ar�Y oEracsr�paas,F�a �ri'ut da�iepas:+#S-sncsu}ry_a�tiRrayiY n'o€%� pza•�ai�Y�re�or Nerni • � _ .. ,� ':`. � ' -. Own l 1re i i erAffiliation. Qmg %}€�� Tide: V.T)r �L1ae Q+nO� �QfaC vG! S ✓ Addresst- ep Box 677 Address2: City, State & Zip: Mountain Home, NC 28758 work Phone: 828-592-5791 Fax: Email Address: 9friLd!R9Sa%hayj3esinii gm PeriiiitAnnual:Fee Billing ***� Billing Month: A_ugusi Invol umber Invoice Date Invoice D,ye Date Invoice Amount Invoice Status - n x�'r`- �,�'g t; `c .�. it-�f;s,•r ,*�" r,-�.x�rF^s--, w�. - •-. 'F,c -K.;�s �; pzy.rc�z^:�- -. QWR�r COfl�siCt PersDlt(S},• �'^y� •a, "��'r„ `� r�,-�: �-.Y�-��,y'�._�'�4.��,;: '�'w .'^ a. _�; . �s *a � �y Contact Name Title dress Phone Fax Email Facility Contact Persons) y 1r�Ce t A Pew s Conoct Name Title Angela Laureen r: • LA • S' Address N ana e r ge lt 1.004 Locust St, F4awitaia i laws, NC Phone Fax 5-L442 abeck@haynesind,c o . Beck govJe_fuIso' 2is"142 Sr• 1 to1)Am Permit Contact Pelson(s) _ . Contact Name Title Address :uHendersonville,, Ph" e it Angela Laureen 1004 NC 828-393-125B abeck@haynesind.co Beck 28792 m Permit Silgn 'Contact Contact Name Title Address Phone Fax Email An 8758 PO Box 677, fountain Home, NC 2 8z ,, ^ r1 4 ri6eLKQ `jlt s'�C1� • Ate 'cn r�r � ,� r rht�'�' To Haynes Wire Company March 6, 2018 Permit NCS 000209 MountainlHome, NC 28758 The following tables are summarized analytical monitoring data for the outfalls at Haynes Wire Company. Parameter: pH Date Sampled Rainfall Outfall 1 Outfall 2 2/5/2014 0.25" 7 6.6 9/8/2014 2.37" 7.45 6.13 2/27/2015 0.53" Snow 7.89 Dry 6/9/2015 0.40" 6.12 6.14 2/3/2016 2.5" 7.6 7.1 7/12/2016 0.41" 6.1 Dry 1/3/2017 0.51" 5.87 4.42 8/7/2017 0.22" Dry 7.23 Parameter: TSS in mg/L Date sampled Rainfall Outfall 1 Outfall 2 2/5/2014 0.25" <4.14me/L <4.39mg/L 9/8/2014 2.37" <7.81mg/L 113mg/L r]� 2/27/2015 0.53" Snow 15.6 Dry 6/9/2015 0.40" 17 <9.26 2/3/2016 2.5" <4.90mg/L 9.30mg/L 7/12/2016 0.41" 12.4mg/L Dry 1/3/2017 0.51" 47.17 Not enough water for the sample 8/7/2017 0.22" Dry <2.94 rn�1� ws Parameter: Nickel inc/� Date Sampled Rainfall Outfall 1 Outfall 2 2/5/2014 0.25" <0.015 <0.015 9/8/2014 2.37" 0.016 0.016 2/27/2015 0.53" snow 14.2 MIL Dry 6/9/2015 0.40" <5 5 Dfnfz s,.,w 5 2/3/2016 2.5" 0.012 0.007 ]L 7/12/2016 0.41" <0.005 Dry wy]�- 1/3/2017 0.51" 0.014 <0.005 8/7/2017 0.22" Dry 0.018 HAYNES Wire Company November 5, 2013 NPDF.S Permit. Renewal Haynes Wire Company Permit Nunibcr NCS000209 U,s-r MANAGEMENT PLAN PO Box 677 158 N. Egerton Road Mountain Home, NC 28758 Phone: (828) 692-5791 Fax: (828) 697-9818 These management practices are implemented to prevent pollution of stoma water due to [lie activities at our facility. Good Housekeeping a. Good housekeeping practices are stressed throughout the Haynes Wire facility. Department Supenisors arc responsible for addressing any deficiencies or problems with housekeeping. It is conveyed to all employees the importance to maintain a clean and orderly work area in order to prevent. incidents and accidental spills. 2. Storage Pl:actices a. All materials are stored In designated storage areas with adcquatc .lisle space to allow sale handling and inspections. Chemicals arc not. stored outside. Materials and equipment may be stored outside only on a temporary basis. Rod coil, scrap wire, and wood pallets are stored oiltsidc. 3. Sediment and Erosion Control a. Sediment and erosion control is provided, as necessary, through various means at. Haynes Wire. Vegetative cover is maintained in cslablislied areas of the facility. 4. Loading quid Unloading a. Loading and unloading takes place at the designated loading docks. The loading (locks are part of routine inspections. The loading and unloading of bulk liquids is monitored by the maintenance department. SIGNIFICANT CHANGES There have been no significant changes to the iiulustrial activities at Haynes Wire. At Otis time lfierc are no plans to make ;uiy changes to our work processes, material handling practices, storage practices or raw materials used. Permit Coverage A, Renewal Application Form NCDENR National Pollutant Discharge Elimination System Stormwater Discharge Permit The following is the information currently in our database for your facility. Please i corrections/additions as necessary in the space provided to the right of the current 1/s.�1ri;N 4I01s HI+Sil3 Permit Number NCS000209 NOV 1 5 2013 Owner Affiliation Information *Reissued Permit will be mailed to the owner address DENR•WAiTRQUALP ORI4kWATER Owner /Organization Name: Haynes Wire Company "ETLFIMDS AND STBRANCH Owner Contact: Greg Spalding Mailing Address: PO Box 677 Mountain Home, NC 28758 Phone Number: 1�42 Fax Number: (%at) j E-mail address: make all EaciliWPermit Contact Information Facility Name: Haynes Wire Company Facility Physical Address: 158 N Egerton Rd Mountain Home, NC 28758 Facility Contact: Ang I✓ a be.c Mailing Address: Phone Number: W) 39 3 - } a519 Fax Number: E-mail address: Gi 6 GG K a VNO-\t nes ! V)f C 0 M Discharge Information Receiving Stream Mud Creek Stream Class: C Basin: French Broad River Basin Sub -Basin: 04-03-02 Number of Outfalls: Impaired Waters/TMDL, Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes ❑ No Don't Know ( for information on these waters refer to http://h2o.enr.state.nc.us/su/Impaired Waters TMDL/ ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Date 0. _ Re.c.IC Environmenjotl.48al�� -1 Sa..k�y Print or type name of person signing above Title s v?" Jis oc' Stormwater Permitting Program Please return this completed renewal application form Individual Permit Renewal and other required supplemental information to: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 EA aTORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT -AND IMPLEMENTATION CERTIFICATION North Carolina Division of Energy, Mineral, and Land Resources - 5tormwater Permitting Facility Name: Haynes Wire Company Permit Number: NCS000209 Location Address: 158 N Egerton Rd Mountain Home, NC 28758 County: Henderson I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature Print or type name of person signing above Date /V12 ll � 13 Title SPPP Certification 10/13 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials Q1. A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. CA �2. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H 3. A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. �4. A summary of the Best Management'Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. A 5. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. 6. Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) FeLOr DA64 Drawing Name: J1CAD1193938l0000 Dwg Size: 0.05 Mb Attarlad Xmfs' Operator Name: CROCKER, DAVID Plot Date: — AttKhed Images: Drawing Plot Scale: 0.386863 Plot Time: 4:47 PM Layout: Model TO MUD1 CREEK J q y SDGya 1 F 4s GRAVEL T W Q MANUFACTURING WAREHOUSE o BUILDING 2 O b'A ROOF DRAINS M PAVING I N I N F 4-WM M I R I I N I kil o ik�- t11 T if I N II 4� C Soo & I ` • ^N CT r' N rN r L E � c I N I rLLN p BUILDING 1 — a f R LAB 1 N L 0 CT I t>• 4� I OFFICE PAVING EGERTON ROAD TO MUD CREEK OR jr NON-REGUw eD �r OUTFALL (NOEXPOSUFE) { jr WASTEWATER PRETREATMENT DRAINSROOF �3 00 P � � RAVING GRAVEL to CT % op ] P- J ; 1 r — I IA SEPARATE STORAGE B FACILITY ASSOCUEDVN TTH HAYNa RE PAVING Op 4FF % lL� � •7 PROJECT: 30 Patewood Drive, Suite 100 lSC 2 /\/ ur'�2— Phone:864.28f.0030 sNEETTmERC Fax: W.281.0288 �g� COUNTY RD. 1832 i HAYNES WIRE COMPANY MOUNTAIN HOME, NORTH CAROLINA FIGURE 5-.2 SITE LAYOUT DRAWING SPCC LEGEND STORM DRAIN PIPING a STORM DRAIN INLET - STORM WATER DITCH STORM WATER SHEET FLOW - - - OIL TRANSFER PIPING SOO STORM WATER DISCHARGE OUTFALL CT COOLING TOWER A WIRE DRAWING I OIL 8 ANNEALING C CLEANING IANNEAUNG D WIRE DRAWtNG I WATER E CLEANING I WIRE DRAVNING F ORE DRAYNNG G CLEANING LINE I HOUSE H OLL I LUBRICANTS, MISCELLANEOUS CHEMICALS I HAZARDOUS WASTE. OILS, CLEANERS I ACIDS J DRAWING FLUIDS l OILS K BOILER I BOILER CHEMICALS L BACKUP BORER I BOILER CHEMICALS M PALLETS, TRASH, PLASTIC SPOOLS N RACKS. PIPING, USED EQUIPMENT, SCRAP METAL 0 ARGON I OXYGEN CYLINDERS P WASTEWATER TREATMENT 0 WASTEWATER TREATMENT CHEMICALS (ACIDS I BASES) R STEEL COOL STORAGE S HYDROGEN. NITROGEN. PROPANE T SHIPPING I RECEIVING a rw 7ao SCAM r-ice DRAWN BY: D.Cmdw APPROVED BY: JAM PROL NO. 193938.0000 jfrJ3d119393&100= FILE N0. DATE: AUGUST2012 '...1193936100001site layout.plt 8/14/2012 3:30:20 PM Rod 4.4 If x , A :It Islet _f A • ILI V13 � C: 1.7 7-t'vt'r" �2.a V —I- .!i; 1 (4'. 0aynesMi Compa - iloo, q•z o, VA • Y 'or 4 to. _0 tit" - I- �'N. --x . G f 0" of to A. r t 41 o 4 At p 6 '3•'4.'AL S % - V f7 0e.40', 44 v 7t zn ot'. .'44 'T, U to 7 n ls. 24 ."1 U2:6 rf ?6) rf- j ILI) q;;r-, cr Vill M Scale 1:24000 0 1000 2000 3000 4000 5000 6000 FT. @ EarthTech A tVCO International Ltd. Comparry Figure 2-1 Site Location Map SPPP Haynes Wire Facility Mountian Home, North Carolina No.93234 Mav 2006 93234%..kAF 2-1 SLm= Haynes Wire Comapny November 7, 2013 NPDES Permit Renewal 158 N.•ifgerton Road Permit Number NC S0002209 Mountain Home, NC 28758 The following tables are summarized analytical monitoring data for the outfalls at Haynes Wire Company. Parameter: pH Date Sampled Rainfall Outfall 1 Outfall 2 6/15/2009 .52" 6.5 6.9 10/28/2009 1.02" 7.3 6 6/30/2010 .44" 5.18 3.91 2/25/2011 .22" 5.68 5.26 9/6/2011 1.53" 8.4 9 1/12/2012 .93" 6.36 4.79 7/13/2012 .96" 6.62 3.86 1/31/2013 2.85" 5.72 5.66 6/18/2013 .63" 5.4 15.53 Parameter: TSS in mg/L Date sampled Rainfall Outfall 1 Outfall 2 6/15/2009 .52" 108 1.8 10/28/2009 1.02" 378 7.97 6/30/2010 .44" 14.3 9.45 2/25/2011 .22" 12.8 7.58 9/6/2011 1.53" 5.68 3.97 1/12/2012 .93" 12.9 13.8 7/13/2012 .96" 7.58 8.93 1/31/2013 2.85" 7.35 7.14 6/18/2013 .63" 7.81 8.97 Parameter: Nickel in mg/L Date Sampled Rainfall Outfall 1 Outfall 2 6/15/2009 .52" <.0005 <.0005 10/28/2009 1.02" <.0005 <.0005 6/30/2010 .44" <.0005 <.0005 2/25/2011 .22" <.0005 <.0005 9/6/2011 1.53" <.0005 <.0005 1/12/2012 .93" 0.006 <.0005 7/13/2012 .96" 0.013 <.0005 1/31/2013 2.85" 0.08 <0.010 6/18/2013 .63" <.0005 <0.009 Haynes Wlre Company 158 N. Egerton Road Mountain Home, NC 28758 November 7, 2013 The following tables are summaries of the visual monitoring data for the outfalls at Haynes Wire Company. NPDES Permit Renewal Permit Number NCS000209 Outfall #1 Date Sampled Rainfall Color Odor Clarity Floatine Solids Suspended Solids Foam Oil Sheen Other Observations 6/15/2009 .52" golden none cloudy none none none none none 10/28/2009 1.02" yellowish none slightly cloudy none none none none none 6/30/2010 .44" clear none slightly cloudy none none none none none 2/25/2011 .22" yellowish gray none cloudy none none none none none 9/6/2011 1.53" light yellow none cloudy some bugs none none none none 1/12/2012 .93" clear none slightly cloudy none none none none none 7/13/2012 .96" clear none slightly cloudy none none none none none 1/31/2013 2.85" clear none none none none none none none 6/18/2013 .63" clear none clear none none Inone none Inone Outfall #2 Date Sampled Rainfall Color Odor Claritv Floating Solids Suspended Solids Foam Oil Sheen Other Observations 6/15/2009 .52" clear none clear none none none none none 10/28/2009 1.02" clear none clear none none none none none 6/30/2010 .44" clear light vegetation clear none none none none none 2/25/2011 .22" clear none clear none none none none none 9/6/2011 1.53" clear none clear none none none none none 1/12/2012 .93" clear none slightly cloudy none none none none none 7/13/2012 .96" clear none clear light none none none none 1/31/2013 2.85" clear none slightly cloudy none none none none none 6/18/2013 .63" Iyellowish Islight Iclear light Inone none none Inone NGENR North Carolina Departmentof Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Sicvarfa, Hf Governor Acting Director Secretary July 31, 2013 Ms. Angela Beck Haynes Wire Company 158 North Edgerton Rd Mountain Home, NC 28758 SUBJECT: NPDES Stormwater Permit Compliance Inspection Haynes Wire Company Permit No: NCS000209 Henderson County Dear Ms. Beck: This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on July 2, 2013. The facility was 'found to be ih donnpliance*vhth permit NCS000209. Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and cotiiments for your reference. As we discussed during the inspection (and as outlined in the summary section of the report), Haynes Wire is only required to monitor at stormwater discharge outfalls 01 and 02. These are currently the only outfaRs exposed to industrial activity. For your future reference, all storm,water regulatory activities will be conducted under the Division of Energy, Land, and Mining Resources (DEMLR) as of August 1, 2013. You may contact them at the same number listed be] ow if you have any questions about your permit or compliance. Please contact me at (828) 296-4665 or Susan. A. WiIsonoa ncdenr gov, if I can be of any further assistande. . Sincerely ,Susan A. Wilson Environmental Engineer Surface Water Protection Enclosure cc: Central Fil s _ . - Asheville Files" 3:1sWPl endersonlstortnwaterl2-lndividuallHeynes Wire NCS00026910EI Ltr.Haynes Wire.7 2013.doe Location: 2090 U.S. Hiignway 70. Swannanoa. !North Carortna 28778 Phone: 828 296A5001 FAX: 828-299-7043 � Internet e : ; . ' ` No�thCarojrna mvw.nrarraterquartiy,org .� ,, - ....... y , An EquEd Opportunity 5 AffirmaM Action Empbyer Compliance Inspection Report Permit: NCS000209 Effective: 03/01/09 Expiration: 02/28/14 Owner Haynes Wire Company SOC: Effective: Expiration: Facility: Haynes Wire Company . County: Henderson 158 N I=gerton Rd . Region: Ashevilie Mountain Home NC 28758 Contact Person: Angela Beck Title: Phone: 828-393-1258 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Repr•esentative(s): Related Permits: inspection. Date: 07102/2013 Entry Time: 01:i0 PM Primary Inspector: Susan A Wilson Secondary Inspectors): Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ® Storm Water (See attachment summary) Exit Time: 02.44 PM Phone: 828-2964500 Inspection Type: Compliance Evaluation Page: 1 ,r) Permit: NCS000209 Owner - Facility: Haynes ware Company Inspection Date: 0710212013 :. Inspection Type: Compliance Evaluation....... _. Reason for Visit: Routine , Inspection :summary: ,,.-, Susan Wilson met with Angela Beck to conduct a stormwater inspection_.and_tp.offer technical assistance. Haynes Wire was having an issue with elevated pH values from some of their outfalls. The facility is well maintained and all records are in place. The company extrudes mainly Nickel wire of different guage size for industrial/medical applications. Some raw materials are stored behind the facility near drop inlets (which eventually go to Outfalls SDO 01 and SDO 02). - These outtalk should continue to be monitored. Outfalls SDO - 03, 04, 05, and 06.are not exposed to any industrial activity and do not have to be monitored (mostly from roof drains and non -exposed areas). If you continue to have low pH values - you may wish to contact this office so that we can bring a calibrated meter and directly test your stormwater outfalls. Page_ 2 Compliance Inspection Report Permit: NCS000209 Effective: 03/01/09 Expiration: 02/28/14 Owner: Haynes Wire Company SOC: Effective: Expiration: Facility: Haynes Wire Company . County: Henderson 158 N Egerton Rd Region: Asheville Mountain Home NC 28758 Contact Person: Angela Beck Title: Phone: 828-393-1258 Directions to Facility; System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Gate: 0710212D13 EntryTime: 01:10 PM Primary Inspector: Susan A Wilson Secondary Inspector(s): Reason for inspection. Routine Permit inspection Type: Stormwater Discharge, Individual Facility Status: i Compliant Q Not Compliant Question Areas: ■ Storm Water (See attachment summary) Exit Time: 02:44 PM Phone: 828-296-4500 Inspection Type: Compliance Evaluation Page: 1 Permit. NCS000209 Owner - Facility: Haynes Wire Company Inspection Date: ' 07/02/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes;-. No,-.NA:i'NE:::':;:.:::.'..'.'' Does the site Have a'Stamtwater Pollution Prevention PIBn? " " ` ' ®❑ Q" Q`' # Does the Plan include a General Location (USGS) map? ® Q 0.0 # Does the Plan include a -Narrative Description of Practices"? MOOD # Does the Plan include a detailed site map including outfali locations and drainage areas? ■ ❑ O Q # 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? ® n ❑ ❑ # 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? ■ n ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ Q ❑ Comment: 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? ■ O ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ■ ❑ ❑ ❑ Comment: 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? ■ ❑ Q ❑ # If the facility has representative outfali status, is it property documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges?. ❑ ❑ ❑ ■ Comment: See summary re. outfalis. Page: 3 ROY COOPER ,.. rE'ntrr 'G NUCHAE'L S. REGAN crc tgrl+ WII,I.IANd I'. (I Olit') VINSON. JR. Energy, h9iaer€�� rR:er.^:o;r cror FN\'Id?:'V!`ENT'd Cif -t..€Tr DATE: March 9, 2018 TO: [Times -News (Hendersonville)] EMAIL: [E-MAIL] FROM: Bradley Bennett, DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) attached, ONETIME in the legal section of your paper by Wednesday, March 14, 2018. Please fax a copy of the proof to Laura Alexander at (919) 807-6368 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Laura Alexander NCDEQ/DEMLR 512 N. Salisbury St. 1612 Mail Service Center Raleigh, NC 27699-1612 INC DIV. OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permit is invited. Submit written comments to DEMLR at the address below. All comments received through April 13, 2018 will be considered in the final determination regarding permit issuance and permit provisions. Application: Haynes Wire Company, 158 N. Egerton Rd, Mountain Home, NC 28738 has applied for an NPDES permit renewal to discharge stormwater from an industrial facility at this address in Henderson County. The facility discharges to a UT to Mud Creek in the French Broad River Basin. Permit NCS000209. Stormwater Program Contact: Bradley Bennett (919) 807-6392 bradley.bennett@ncdenr.gov A copy of the draft permit is available at: http://deq.nc.gov/about/divisions/energy-mineral-land- resources/events. Additional permit documents are available for the reproduction cost at: DEMLR Stormwater Program 512 N. Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 State of North Carolina I Environmental Quality I Energy. N incrd, and Land Resources 1612 Mail Senice Center 1 512 N. Salisbury St_ I Raleigh, NC 27699 919 707 9200 T CITIZEI NC ENV. Of ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE 'FOLLOWING STORMWATER DISCHARGE RERMrr Public -comment a objection to the draft permit is invited, Submit mitten com- ments to DEMLR at the address below. All comments received through April 13, 2018 will be considered in the final determina- tion regarding permit issuance and permit provisions. A6plication: Haynes Wire Compan 15a N. Egerton Rd, Mountain Home, NCysm has ap lied for an NPDE5 permit renewal to drge stormwater from an Industri- al facility at this address in Henderson Courriv. The facility discharges to a VT to Mud Creek in the French Broad River Ba- sin. Permit NC5000209. Stormwater Program Contatt: Bradiey , Bennett (9,9I 807-6392 h radl ey, be n nett®ncd e n r. g ov. A copy of the -draft permit is available at ht D. deq.nc.goclaboutldivisionsfenergy- mineral-land-resourceNevents. Additional perma documents are available for the m- pradudion cost at DEMLR-SSonnwater. Program 5, 2 N. Sarisbury Street 1612 Mail Sernce Center 0002g6�66a 27699_76T2' -- RECEIVED MAR 2 3 2018 DENR-LAND QUALITY STORMWATER PERMITTING T1__\4ES PARTOFTHE USATODAY.NETWORK AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned,a Notary Public of said County and Slate, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Kelly Loveland, who, being first duty sworn, deposes and says: that she is the Legal Clerk of The Asheville Cltizen-Times, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as first class mail in the City of Asheville, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy.of which is attached here to, was published in The Asheville Citizen -Times on the following date(s) 03114118. And that the said newspaper in which said notice, paper, docdi rent or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a .qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. Si ned this 15th of March 2018, (Signature of pe4on making ag avit) Swom to and subscribed before the 15th of March 2018 4(NotWar,yPub1,c1 My Commiss)n expires the 51h day of October, 2018 (828) 232-5830 1 (828) 253-5092 FAX 14 0. HENRY AVE. I P.O. BOX 2090 1 ASHEVILLE, NC 28802 J (800) 800-4204 . .. `111t11111!!11///� Notary Public �9�r y Ae Buncombe[ County — �_ My Comm. Ex 2p s Q- .,���,��y �` " fCAR o�,tl�p