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HomeMy WebLinkAboutNCS000520_Permit issuance_20180509-STORM WATER -DIVISION CODING -SHEET PERMIT NO. NC,S p S DOC TYPE P�' FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ v YYYYM M DD- ♦'. - 89035 Affidavit of Publication 15490406 Jacksonville Daily News Page 1 of 2 Jacksonville, NC Personally appeared before me, a Notary Public of the County of Onslow, State of North Carolina, on this the 7th day of May, 2018 f of The Daily News, who being duly sworn, states that the advertisement entitled PCS PHOSPHATE NCS000520 a true copy of which is printed herewith, appeared in The Daily News, a newspaper published in the City of Jacksonville, NC, County of Onslow, State of North Carolina, 1 day on the following dates: May 7, 2018 NORTH CAROLINA ONSLOW COUNTY NC DIV. OF ENERGY, MINERAL AND LAND RESOURCESC 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 June 6, 2018 will be considered in the final determination regarding permit issuance and permit provisions. Application: PCS Phosphate is Bulk Handling Facility, 113 Arendell St, Morehead City, NC 28557 has applied for an NPDES permit renewalto discharge stormwater from an industrial facility at this address in Carteret County. The facility discharges to Newport River in the White Oak River Basin. Permit NCS000520. Stormwater Program Contact: Bradley Bennett (919) 807-6392 brad ley. 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 May 7, 2018 (adv) RECEIVED MAY 092018 DENR-LAND OUAUTY STORMWATER PERMITTING 89035 15490406 Page 2 of 2 Affidavit of Publication Jacksonville Daily News Jacksonville, NC Subscribed and sworn to this 7th day of May, 2018 X �1S Notary Public Central Files: APS _ SWP 7/5/2018 Permit Number NCS000520 Permit Tracking Slip Program Category Status Project Type NPDES SW Active Renewal Permit Type Version Permit Classification Stormwater Discharge, Individual 2.00 Individual Primary Reviewer RECEIVED Permit Contact Affiliation Bethany.Georgoulias JUL 10ZOI8 Danny Daniel Winstead Coastal SWRuIe CENTRAL ALES 1530 NC Highway 306 South ❑`JIfR SECTION Aurora NC 27806924E Permitted Flow Facility Facility Name Major/Minor Region Morehead City Sulk Handling Facility Minor Wilmington Location Address County 113 Arendell St Carteret Facility Contact Affiliation Morehead City NC 28557 D Daniel Winstead III PE 1530 NC Highway 306 South Owner Aurora NC 27806924; Owner Name Owner Type PCS Phosphate Company Inc Non -Government Owner Affiliation Mark D. Johnson General Manager 1530 NC Hwy 306 S DatesiEvents Aurora NC 27806924 Scheduled Orig Issue App Received Draft In Mated issuance Public Notice Issue Effective Expiration 6/16/2008 3/28/2013 4/13/2018 7/5/2018 7/512018 6/30/2023 Regulated Activities Requested /Received Events Fertilizer production Region comments on draft requested 511118 ^ Stormwater collection Region comments on draft received 712118 Outfall 100 Waterbody Name Streamindex Number Current Class Subbasin Newport River Restricted Area (Morehead City Harbor) 21-31 SC 03-05-03 Outfall 200 Waterbody Name Streamindex Number Current Class Subbasin Newport River Restricted Area (Morehead City Harbor) 21-31 SC 03-05-03 Energy, Mineral and Land Resources ENVIRONMENTAL OVALITY July 5, 2018 Mr. Danny Winstead PSC Phosphate Company, Inc. 1530 NC Hwy 306S Aurora, NC 27806 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. lnlerim Dimcror Subject: Final NPDES Stormwater Permit Permit No. NCS000520 PCS Phosphate - Morehead City Bulk Handling Facility Carteret County Dear Mr. Winstead: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000520, 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). This final permit includes no major changes from the draft permit sent to you on May 1, 2018. Brian Lamb with our Wilmington Regional Office conducted a site visit at your facility on June 29, 2018. As part of this site visit Mr. Lamb reviewed your request for representative outfall status for outfall 100. The Division approves your use of outfall 100 as representative of outfall 200 on your site. Please remember that representative outfall status only applies to your analytical monitoring efforts and qualitative monitoring is still required for all outfall locations. The Division understands that you have some concerns about your monitoring results and your prolonged efforts in the tiered system. Given the nature of your industrial activity and the fact that these activities can directly contribute to the parameters of interest, we feel that monitoring is still required to help guide onsite BMPs to help in reducing pollutants that may leave your site. The permit has included some changes in tier three response to allow our staff to work with you on monitoring efforts. As part of this renewed permit, you can begin the permit cycle with your benchmark exceedances reset and monitoring on a quarterly basis (as outlined in the permit). If benchmark exceedances occur then you should follow the tiered response in your permit. 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 Final Permit — NCS000520 Page 2 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 letter. 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. 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, state 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 bradley.bennett(@ncdenr.eov. Sincerely, for William E. (Toby) Vinson, Jr., P.E., CPESC, CPM Interim Director cc: Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303, Dan Sams, DEMLR Wilmington Regional Office Stormwater Permitting Program DWR Central Files Attachments Permit No. NC50o0520 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, PCS Phosphate Company, Inc. is hereby authorized to discharge stormwater from a facility located at PCS Phosphate - Morehead City Bulk Handling Facility 113 Arendell Avenue Morehead City, NC Carteret County to receiving waters designated as Newport River, a class SC stream in the White Oak River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111, and IV hereof. This permit shall become effective July 5, 2018. This permit and the authorization to discharge shall expire at midnight on June 30, 2023. Signed this day July 5, 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 r. Permit No. NC5000520 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: On -Site Vehicle and Equipment 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 5. 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 i Permit No. NCS000520 Section B: General Conditions 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 Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. 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. Nan-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 ii 10 Permit No. NCSOOOS20 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 (N0I) 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 1 Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000520 Latitude: 34' 43' 13" N NCS000520 Longitude: 76' 41' 43" W Facility PC5 Phosphate Co. Inc. - County: Carteret Morehead City Hulk Handling Location Stream Class: SC Facility Receiving Stream: Newport River Restricted Area/ Morehead City Harbor Sub -basin: 03-05-03 {White Oak River Basin) rotth Not to Scale Part 1 Page 2 of 2 Permit No. NCS000520 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 III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 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 agraphic 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 fI Page 1 of 13 Permit No. NCS000520 (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 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 [I Page 2 of 13 Permit No. NCS000520 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. 5. 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 Il 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 II Page 3 of 13 Permit No. NCS000520 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 BMPs (BMP Summary 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: httl2s:/Ideq..nc.gov/about/divisions/energy- mineral-land-resources/npdes-stormwater-individual). 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 I11, 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 11 Page 4 of 13 Permit No. NCS000520 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 T . e2 Sample Location3 340 Chemical Oxygen Demand (COD m L Quarterly Grab SDO C0530 Total Suspended Solids (TSS) mg /L Quarterly Grab SDO C0665 Total Phosphorous (TP) m L Quarterly Grab SDO C0610 Total Ammonia as Nitrogen TAN m L Quarterly Grab SDO 400 H standard Quarterly Grab SDO 46529 Total Rainfall¢ inches Quarterly Rain Gauge - Footnotes: 1 Measurement Frequency: Four times 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. 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 kept on site. For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain € is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge readin 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 collectior. (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 30 days must separate Period 1 and Period sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be document Part 11 Page 5 of 13 Permit No. NCSOOOS20 in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part 11I, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid i 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 March 31 Period 2 April 1 June 30 Period 3 July 1 September 30 Period 4 October 1 December 31 Footnotes: 1 Maintain quarterly 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 quarterly 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 Chemical Oxygen Demand (COD) mg/L 120 Total Phosphorous (TP) mg/L 2 Total Ammonia as Nitrogen (TAN) mg/L N/A PH standard 6-9 Part 11 Page 6 of 13 Permit No. NCS000520 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. 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 shalt: 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 exceedance, 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 QEMLR 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. Part H Page 7 of 13 Permit No. NCS000520 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 analytical 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; • allow the permittee to reset their number of benchmark exceedances and monitor in accordance with the original conditions of the permit; • 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; • require the permittee to implement site modifications to qualify for a No Exposure Exclusion; or • require the permittee to continue Tier Three obligations through the permit renewal process. This site discharges to impaired waters experiencing problems with fecal coliform bacteria. If a Total Maximum Daily Load (TMDL) is approved for this segment of Newport River, 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 AND EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil and/or hydraulic 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). Part I I Page B of 13 Permit No. NCS000520 Table 4. Analytical Monitoring Requirements for On -Site Vehicle and Equipment Maintenance Parameter Code Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 552 Non -Polar Oil & Grease by EPA Method1664 SGT-HEM mg/L semi-annual Grab SDO 530 Total Suspended Solids m L semi-annual Grab SDO 46529 Total Rainfall4 inches semi-annual Rain gauge - -- New Motor Oil Usa e 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. 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 he 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. 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 lI Section B. Table 5. Benchmark Values for Vehicle and Equipment 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 Part II Page 9 of 13 Permit No. NCS000S20 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 quarterly 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. Table b. Qualitative Monitoring Re uirements Discharge Characteristics 1<requencyl Monitoring Location2 Color quarterly SDO Odor quarterly SDO Clarity quarterly SDO Floating Solids quarterly SDO Suspended Solids quarterly SDO Foam quarterly SDO Oil Sheen quarterly SDO Erosion or deposition at the outfall quarterly SDO Other obvious indicators of stormwater pollution quarterly SDO Footnotes: 1 Monitoring Frequency: quarterly 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 30 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. Part II Page 10 of 13 Permit No. NCS000520 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 Monitorins 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. 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. 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. Part If Page 11 of 13 Permit No. NCS000520 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. 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: http:.I-/deq.nc.gov/about.1divisions/water-resources/edmr Part 11 Page 12 of 13 Permit No. NCS000520 3. SignatoEy Requirements [Supplements Section B. (3.) (b) and Supersedes Section B. (3.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 111, Section B. (3.)(a) or by a duly authorized representative of that person as described in Part 111, 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/about/divisions/water-resources/edmr 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 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 far submitting false information, including the possibility of fines 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 any time [40 CFR 122.411. Part 11 Page 13 of 13 Permit No. NCS000520 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 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 II, 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 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. 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 122.41]. 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 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,S00 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 $S0,000 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 III Page 1 of 9 Permit No. NCS000520 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 inure 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. 1n 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 1 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 II 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)]. Civil and Criminal Liability Except as provided in Part III, 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. 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 III Page 2 of 9 Permit No. NCS000520 7. 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 1SOB-231. 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)]. 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 Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record 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 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. Part I II Page 3 of 9 Permit No. NCS000520 2. Tran5fers 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. 3. 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 122.221. 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 122,221, Part III Page 4 of 9 Permit No. NCS000520 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 orsupervision 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 forsubmitting false information, including the possibility of fines and imprisonment for 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. 5. 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(f)]. 6. 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 1. 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)]. 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. NCS000520 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)]. 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. 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. Part I II Page 6 of 9 Permit No. NCS000520 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 any time [40 CFR 122.41]. Inspection and Entry 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, 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 Discharge Monitorine Reports 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.Z4d-qq.nc.gov./about/divisions/energy-mineral- I and- resources /npdes-stormwater- i nd ivid ual). 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 III Page 7 of 9 Permit No. NCS000520 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 143-215.68 or in Section 309 of the Federal Act. 4, Non-Stormwater 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. 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. a. 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. NCSOOOS20 9. Twenty-four Hour Reriortin 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(1)(6)1. 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 l Page 9 of 9 Permit No. NCS000520 PART IV DEFINITIONS 1. Act See Clean Water Act. 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. 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 fleshings, 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 fBMPs 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: http: //www.ei)a.gov/npdes/national-menu-best-management-practices-brnps-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. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part IV Page 1 of 4 Permit No. NCSOOOS20 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. 1S. 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 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 (M541 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 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. NCS000520 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 Priority Chemical A chemical or chemical category which: a. is listed in 40 CFR 372.65 pursuant to Section 313 of Title ill 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 I1 (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 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. S ignificant 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. Part IV Page 3 of 4 Pages Permit No. NCS000520 30. Stormwater Associated with Industrial Activity 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:// eeq..nc.gov/abou�ipns/water-resource.�,/nlanning/modeling- assessment/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_Activ t Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. For the purposes of this permit, vehicle maintenance includes equipment maintenance that uses hydraulic oil and that is sored or used outside or otherwise exposed to stormwater. 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 ear 24 hour StorM Even 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 — NCS000520 PCS Phosphate Company, Inc. — Morehead City Bulk Handling Facility SIC 2874 —Phosphatic Fertilizers — part of Chemical and Allied Products Category Monitoring —The facility has been monitoring for TSS, TP, TN, TKN, TAN, COD, Fluoride, Temperature and pH. Previous permit did have tier system (2 tiers). o Data reviewed from 2009 through 2017. Focused most review on last five years of data. Over this time TP has consistently exceeded benchmark values and lead to monthly monitoring over much of the permit cycle. COD numbers have also exceeded benchmarks consistently over the permit cycle. Fluoride has not exceeded benchmarks. TN was exceeding regularly as well, but not over the last few years. o Fluoride — benchmark set at 75mg/L for saltwaters and the facility never exceeded 7. Over the last five years values never more than 1.4. Appears reasonable to remove this parameter. o pH values consistent between around 6.5 and 8. This is a baseline parameter and also could effect the impact of ammonia so maintain in the permit. o TSS values have only exceeded the benchmark on a few occasions, and none within the last two years. Given the nature of the site and materials exposed it seems reasonable to maintain TSS as a baseline parameter in the permit. o COD —Around 40% of all COD values exceed the benchmark value. The permittee indicates that over time they worked with the WiRO and developed and implemented various BMPs but still have issues. They suspect the problems are due to the fact that the highway spans part of their site and drainage from the highway goes to this outfall location. COD values are no longer in the thousands so some progress has been made. Maintain this parameter. o TP — The facility deals in phosphate fertilizers and has had consistent problems with meeting the benchmark number. Around 80% of TP values exceed the benchmark, but values have been lower over the last year. The permitee indicated that over the last few years they have done a lot less with the dry fertilizer material which has most likely decreased the TP values. Liquid material (phosphoric acid) is inside a berm and drains to holding pond. They usually let the water evaporate. If there is too much they test and pH is okay they release on grassed are to infiltrate. Maintain TP in the permit. o Nitrogen Parameters (TN, TKN and TAN) — In the first few years of the permit the TN benchmark was exceeded frequently. Over the last five years, however there has only been one exceedance indicating facility BMPs and practices have influenced this parameter. There is still some room for concern about the potential for impact from ammonia sources and this was the reason for the TKN, TAN (Ammonia as Total Nitrogen) sampling. Temp and pH also were used to help evaluate these parameters. All of these values track very well in the data and it seems that sampling just for TAN will give a good indication of any potential problem with Ammonia while also giving an indication of TN and TKN. Data shows that TAN values on average are 64% of TKN value and 50% of TN values. Values for pH will also help indicate potential ammonia concerns. Sources reviewed indicate that at higher pH levels (9.24 and above) the form of ammonia is more unionized ammonia which is more toxic. Maintain TAN in permit. o Parameters in permit —TSS, TP, TAN, COD, pH o Tier structure adjusted to have the three levels as in current permits. Tier three — added language to allow Regional Office to rest the monitoring to original quarterly level. o VM monitoring changed to be consistent with current permits and to include references to equipment maintenance other than vehicle. o Parameter codes added to permit. Discussions with permitee indicated that they had worked with the WiRO in the past to develop a list of possible BMPs and management changes to try and minimize pollutants leaving the site. They implemented a number of these practices over time — scrubbers on conveyors, street sweepers, etc. Also treied the possibility of collecting runoff for treatment, but cost of land for treatment and for the structural measures was very high. Even though some parameters still exceed benchmarks, it does appear that the reduction in values indicates that some positives have come from the permitee's actions. Talked with Cindy Moore — DWQ Aquaitc Tox — about ammonia issues. They generally work in freshwater areas where they see no issues with values below 5 mg/L. Not much work in saltwaters. Given the values we are getting (most between 0 & 3) she felt the facility was okay. She also noted the dilution with their discharge location as minimizing any issues. She did indicate that monitoring should continue to keep them looking at the issues. • Facility drains to the New Port River 21-31 in the White Oak River Basin, a class SC stream. 2014 Assessment Report shows no impairment, but the harbor is closed to fishing due to fecal levels which do not seem to be an issue from this facility. • NC National Heritage review — No aquatic species threatened or endangered in the project area. One reptile {Diamondback Terrapin} listed as federal species of concern, but was given a global rank as being secure. Within one mile of the site federal and state endangered species Atlantic Sturgeon and West Indian Manatee are noted. The accuracy of the mapping of these is listed as low and very low. Appears that the manatee has now been moved to threatened instead of endangered. There don't appear to be management plans in place through the US Fish and Wildlife Service for this area. • WiRO — Draft permit and other info sent to region 5/02/18 for comments within 30 days. Brian Lamb visited the site 6/29/2018. Site was clean and in good condition. Brian noted high TP and COD numbers and that the facility asked for relief from tier process. Brian also noted that SD01 is representative and status should be granted for them. Permit has included provisions to monitor quarterly with ability in tier 3 to ask region to reset the benchmark numbers if appropriate so no other changes will be made to the permit. Given the TP issues and the fact that this facility handles phosphate materials it is appropriate to maintain a level of monitoring that will encourage continued review of BMPs for better control. 89035 15490406 Page 1 of 2 Affidavit of Publication Jacksonville Daily News Jacksonville, NC Personally appeared before me, a Notary Public of the County of Onslow, State of North Carolina, on this the 7th day of May, 2018 1✓ z: � 1 - of The Daily News, who being duly sworn, states that the advertisement entitled PCS PHOSPHATE NCS000520 a true copy of which is printed herewith, appeared in The Daily News, a newspaper published in the City of Jacksonville, NC, County of Onslow, State of North Carolina, 1 day on the following dates: May 7, 2018 NORTH CAROLINA ONSLOW COUNTY NC DIV. OF ENERGY, MINERAL AND LAND RESOURCESC 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 June 6, 2018 will be considered in the final determination regarding permit issuance and permit provisions. Application: PCS Phosphate u Bulk Handling Facility, 113 Arendell St, Morehead City, NC 28557 has applied for an NPDES permit renewalto discharge stormwater from an industrial facility at this address in Carteret County. The facility discharges to Newport River in the White Oak River Basin. Permit NCS000520. 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 May 7, 2018 (adv) RECEIVED DENR-LAND QUALITY STORMWATER PERMITTING _ 1 89035 15490406 Page 2 of 2 Affidavit of Publication Jacksonville Daily News Jacksonville, NC Subscribed and sworn to this 7th day of May, 2018 x1�SL I ku-sncmz:� Notary Public Compliance Inspection Report Permit: NCS000520 Effective: 07/01/08 Expiration: 06130/13 owner: PCS Phosphate Company Inc SOC: Effective: Expiration: Facility: Morehead City Bulk Handling Facility County: Carteret 113 ArendelI St Region: Wilmington Morehead City NC 28557 Contact Person: D Daniel Winstead Title: Sr. Environmental Engineer Phone: 252.322-8283 Directions to Facility: The port facility gate is on Arendell St., approx. 5.30 miles east of the intersection of US 70 and NC 24. System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 06/2912018 Entry Time: 10:30AM Exit Time: 11:30AM Primary Inspector: Brian P Lambe Phone: Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type; Stormwater Discharge, Individual Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Inspection Type: Compliance Evaluation Page: 1 Permit: NCS000520 Owner - Facility: PCS Phosphate Company Inc Inspection Date: 06/29/2018 Inspection Type :Compliance Evaluation Reason for Visit: Routine Inspection Summary: Met with Danny Winstead of Nutrien (formerly PCS Phosphate) to review site conditions. The site was very clean and well maintained. Possible sources of polllution are the conveyor belts and transfer of product. Use of the facility has greatly diminished in the last few years. The warehouse is mostly empty. Winstead estimated one ship a month. The tank storage across the water is used more. SDO1 between the bridge and the railway bridge is affected by the conveyor belts. The belts are sprayed with a food grade lignen sulfonate, a common dust control BMP. The samples are often high in COD and Total Phosphorus. Refer to sampling results summary 2013-2018. There were no obvious visual clues to why the samples are high, no residual dust. Winstead inquired of relief of Tier two status. The bridge may contribute to high COD sampling. No process affects SD02, Representative outfall status should be given. Page: 2 r' _. Permit: NCS000520 Owner - FaclI4: PCS Phosphate Company Inc Inspection Date: 0612912018 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? 0 ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? 0 ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? 0 ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? E ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? E ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? E ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? 0 ❑ ❑ ❑ # Does the Plan include a BMP summary? 0 ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? 0 ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? N ❑ ❑ ❑ # Does the facility provide and document Employee Training? 0 ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? 0 ❑ ❑ ❑ # Is the Plan reviewed and updated annually? 0 ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? E ❑ ❑ ❑ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? N ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? E ❑ ❑ ❑ Comment: Permit and Qutfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? E ❑ ❑ ❑ # Were all outfalls observed during the inspection? 0 ❑ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? 110011 # Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑ Comment: Page: 3 Energy, Mineral and Land Resources ENVIRONMENTAL 00AUTY May 1, 2018 Danny Winstead PCS Phosphate Company, Inc. 1530 NC Hwy 306S Aurora, NC 27806 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Director Subject: Draft NPDES Stormwater Permit Permit No. NC5000520 PCS Phosphate - Morehead City Bulk Handling Facility Carteret County Dear Mr. Winstead: 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 11, 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 in the draft permit have changed slightly from the previous permit. Monitoring is proposed for Chemical Oxygen Demand (COD), Total Suspended Solids (TSS), Total Phosphorous (TP), Total Ammonia as Nitrogen (TAN), and pH on a quarterly schedule. Monitoring data reported as part of your renewal process showed results for fluoride below the benchmark value. In addition, data for nitrogen parameters indicate that monitoring for TAN should be sufficient to characterize the potential contributions from your stormwater discharge. The draft permit proposes to remove Total Nitrogen, Total Kjeldahi Nitrogen, Fluoride and Temperature as required monitoring parameters. Comments from our regional staff or other information may result in maintaining these parameters if it is apparent that your activities in some way have the potential to release them. Stormwater benchmarks remain in the permit as before. 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. State of North Carolina 1 Envirorimcntal Quality I Energy, Mineral and 1,aod Resources 1612 Mail Service Center 1 512 North Salisbury Street J Raleigh, NC 27699.1612 919 707 9200 T NCS000520 Draft Permit Page 2 Response to the tiered process may include review of onsite conditions, installation of BMPs or requirements for more frequent monitoring. For your permit, language has been added in Tier 3 that would allow the Regional Office to review benchmark exceedances and reset your monitoring process to the original quarterly requirements. 4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)3 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 will apply. Also, pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. The vehicle maintenance language in the permit has also been modified to clarify that these activities include not just vehicles, but also other similar equipment maintenance activities that may be exposed to stormwater. This has always been the Division's implementation of this requirement, but hopefully the adjusted language is a little clearer about this process. S. Language has been added under Part li 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 may be emailed to me at brad ley. bennettPncdenr.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 NCS000520 cc: Dan Sams, DEMLR Wilmington Regional Office —via email Stormwater Permitting Program Files NCS000520 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE rn 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, PCS Phosphate.Company, Inc. ,�_ < f is hereby authorized to discharge stormwater from a facility located at - ,. PCS Phosphate - Mo"rehead City Bulk Handling Facility r' r :113 Arendell Avenue Morehead City, NC Carteret County to receiving waters designated as Newport River, a class SC stream in the White Oak River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, Ill, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [July 1, 2018]. This permit and the authorization to discharge shall expire at midnight on [June 30, 2023]. Signed this day [June 30, 201$1. 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. NCSOOOS20 DRAFT TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan'-, Section B: Analytical Monitoring Requirements,, Section C: On -Site Vehicle and Equipment 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 Permit No. NCS000520 DRAFT 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 f, Section C: Operation and Maintenance of Pollutibn Controls .; 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Nota,Defense 3. Bypassing of Stormwater Controffacilities Section D: Monitoring and Records,,,,-: I. RepresentativeS�m pling-- 2. Recording Results""� 3. Flow Measurements 4. %r Test'Procedures 5. Representative Outfall 6. Record s'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 R. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS Permit No. NCS000520 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 (NOI) 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. NCS000520 DRAFT IWV A�, +O 444 A �- PCS Phosphate Co.�'' Inc. - Morehead City 4 .,• {� . i `' Bulk Handling Facility — , t'r` t q` ."� r 4R14- " t7 Fe �«E5S SO U N gti ry �' "t�3�auforit �a9;c�a;D ombstarte Pt. rs�' rz Bay 11 (Y1p iS^- rir".caJ"SEt'�n: Latitude: 34" 43' 13" N NCS000520 „ Longitude: 76" 41' 43" ��- Facility County.PCS Phosphate Co. Inc. - Carteret Morehead City Bulk Handling Location Stream Class: SC Facility Receiving Stream: Newport River Restricted Area/ �orehcad Oak I [ar or Basin) —�%O-Zd� Not to Scale Sub -basin: 03-03-03 White Oak River $asut (fQ L 1L_ Part I Page 2 of 2 Permit No. NCS000520 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 III, 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. NCS000520 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 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 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priori1y 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. NC5000520 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. 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 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. NCS000520 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 BMPs (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 : https,:/Zdeq.nc-govlabotit/divisions f energy- mineral-land-resources/npdes-stormwater-individual). 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 Ill, 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 11 Page 4 of 13 Permit No. NCS000520 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 Fre uenc Sample __Type2 Sample Locations 340 Chemical Oxygen Demand COD m L Quarterly Grab SDO C0530 Total Suspended Solids (TSS) Quarterly Grab SDO C0665 Total Phosphorous TP m L Quarterly Grab SDO j C0610 Total Ammonia as Nitrogen TAN m L Quarterly Grab SDO 400 jpH standard Quarterly Grab SDO 46529 1 Total Rainfa114 inches Quarterly Rain Gauge - Footnotes: 1 Measurement Frequency: Four times 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 30 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 Part 11 Page 5 of 13 Permit No. NCS000520 DRAFT 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 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 March 31 Period 2 April 1 June 30 Period 3 July 1 September 30 Period 4 October 1 December 31 Footnotes: 1 Maintain quarterly 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 quarterly 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 [Revise Parameters] Discharge Characteristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 Chemical Oxygen Demand (COD) mg/L 120 Total Phosphorous (TP) mg/L 2 Total Ammonia as Nitrogen (TAN) mg/L N/A PH standard 6-9 Part 11 Page 6 of 13 Permit No. NCS000520 DRAFT 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. 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. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedance, 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. Part 11 Page 7 of 13 Permit No. NCS000520 DRAFT 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 outfah on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth anal ical 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; • allow the permittee to reset their number of benchmark exceedances and monitor in accordance with the original conditions of the permit; • 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; • require the permittee to implement site modifications to qualify for a No Exposure Exclusion; or • require the permittee to continue Tier Three obligations through the permit renewal process. This site discharges to impaired waters experiencing problems with fecal col iform bacteria. If a Total Maximum Daily Load (TMDL) is approved for this segment of Newport River, 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 AND EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil and/or hydraulic 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). Part 11 Page 8 of 13 Permit No. NCS000520 DRAFT Table 4. Analytical Monitoring Requirements for On -Site Vehicle and Equipment Maintenance Parameter Code Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 552 Non -Polar Oil & Grease by EPA Method1664 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. 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 begu n 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. 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 5. 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 5. Benchmark Values for Vehicle and Equipment 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 Part I I Page 9 of 13 Permit No. NCS000520 DRAFT 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 quarterly 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. Table G. Qualitative Monitoring Requirements Discharge Characteristics Frequency) Monitoring Locationz Color quarterly SDO Odor quarterly SDO Clarity quarterly SDO Floating Solids quarterly SDO Suspended Solids quarterly SDO Foam quarterly SDO Oil Sheen quarterly SDO Erosion or de osition at the outfall quarterly SDO Other obvious indicators of stormwater pollution quarterly SDO Footnotes: 1 Monitoring Frequency: quarterly 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 30 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. Part lI Page 10 of 13 Permit No. NCS000520 DRAFT 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. 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. L1 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. Part 11 Page 11 of 13 Permit No. NCS000520 DRAFT 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. 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- httl2:./.Ideq.nc.gov/about/divisions/water-resources/edmr Part 11 Page 12 of 13 Permit No. NCS000520 DRAFT 3. Signatory Requirements Bupplements Section B. (3.) (b) and Supersedes Section B. (3.) (dll All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part III, 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: littl2://dcq.nc.gov/about/divisions/water-resources/edrnr 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 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 of fines and imprisonmentfor knowing violations." 4. Records Retention LSupplements 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 any time [40 CFR 122.41]. Part 11 Page 13 of 13 Permit No. NCS000520 DRAFT PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 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 11, 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 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. 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 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)1. 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 III Page 1 of 9 Permit No. NCS000520 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)]. 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 Liability Except as provided in Part III, 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. 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. 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 III Page 2 of 9 Permit No. NCS000520 DRAFT 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 150B-23]. 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 Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record 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 vioiation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Constructi4M 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(h)]. 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. NCS000520 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(t)(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 122.221. 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 122.221. 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 Ill Page 4 of 9 Permit No. NCS000520 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 forsubmitting false information, including the possibilityoffrnes and imprisonmentfor knowing violations." 4. Permit Modif cltion. 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. 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(f)]. 6. 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(h)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. 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)]. 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 111 Page 5 of 9 Permit No. NCS000520 DRAFT c. The permittee submitted notices as required under, Part 1II, 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 Sam 1>� in 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 122.411: 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. 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. S. 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. NCS000520 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 any time [40 CFR 122.41]. Inspection 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 permittee's premises where a regulated facility or activity is located or conducted, 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 Monitoring Reports 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: (f deq.nc.gov/about/divisionJenergy-mineral- land-resources/nodes-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 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. NCS000520 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. 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 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 143-215.68 or in Section 309 of the Federal Act. 4. Nqn-Stoxmwater 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 ance 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. Sgilla 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. Bypass 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 I I I Page 8 of 9 Permit No. NCS000520 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(1) (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)]. PartIll Page 9 of 9 PART IV DEFINITIONS Act See Clean Water Act. NCS000520 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. Al 3. Allowable Nan-Stormwater Discharges l`. 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 anon 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. )3Q.5t Management Practice§ (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 an BMPs can be found at: http LJJwww,epa. gv/Apd6.s/national-menu-best-management-practices-bmps-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. a. 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 The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part IV Page 1 of 4 Permit No. NCSOOOS20 DRAFT 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 outfali. 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 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 (M54] A stormwater collection system within an incorporated area of local self-government such as a city or town. 17, No Expgsurg 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 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. NCS000520 DRAFT 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 out€alls. 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 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 HI (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 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 Outfall CSDO) 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. NCS000520 DRAFT 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 (TMDU 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 htti2s;(/deci.nC.gov/about/divisions/water-resources/planning/modeling- assessment/turd is/d ra ft-an d-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. For the purposes of this permit, vehicle maintenance includes equipment maintenance that uses hydraulic oil and that is sored or used outside or otherwise exposed to stormwater. 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 Energy, Mineral tend Land Resources ENVIPaNMENTAL OUALIT, DATE: May 2, 2018 TO: [The Daily News - Jacksonville] EMAIL: [E-MAIL] ROY COOPER Nll(A-IAL , S. RFGAN Secrets , WILLIAaM i_. croi3Y) VINSON. JR. _re: i:n err^ucr FROM: Bradley Bennett, DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by Monday, May 7, 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 NC 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 June 6, 2018 will be considered in the final determination regarding permit issuance and permit provisions. Application: PCS Phosphate — Bulk Handling Facility, 113 Arendell St, Morehead City, NC 28557 has applied for an NPDES permit renewal to discharge stormwater from an industrial facility at this address in Carteret County. The facility discharges to Newport River in the White Oak River Basin, Permit NCS000520. 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 Stale of North Carolina I Environmental Quality I Energy, Mineral, and Land Resources 1612 Mail Smice Center 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T ►� � �c 5swT�a trw North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Secretary Susi H. Hamilton N CN H DE-5621 March 21, 2018 Bradley Bennett NCDEQ 512 N. Salisbury Street Raleigh, NC 27604 RE: Resources Near PCS Phosphate Morehead City Bulk Handling Facility; NCS000520 Dear Bradley Bennett: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at Mdney.butlerQncd� cr.aoy or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: (919) 707-8107 LOCATION: 1651 Mail Service Center tiwrvr.ncnhp.org 121 West Jones Street Raleigh, NC 27699-1651 Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Resources Near PCS Phosphate Morehead City Bulk Handling Facility Project No. NCS000520 March 21, 2018 NCNHDE-5621 Element Occurrences Documented Within Project Area 3axonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Reptile 15254 Malaclemys terrapin Diamondback Terrapin 2008-05-01 E 3-Medium Species of Special G4 S3 Concern Concern No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name Owner Owner Type _ 1 Port of Morehead City NC State Ports Authority State NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at fps•//ncnhde.natureserve.oralcontent/heln. Data query generated on March 21, 2018; source: NCNHP, Q1 January 2018, Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 7 .e Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Resources Near PCS Phosphate Morehead City Bulk Handling Facility Project No. NCS000520 March 21, 2018 NCNHDE-5621 Animal 7770 Waterbird Colony --- 2004 0 3-Medium --- --- GNR S3 Assemblage Animal 6586 Waterbird Colony --- 1983-05-22 F 3-Medium --- --- GNR S3 Assemblage Animal 36379 Waterbird Colony --- 2011 D 3-Medium --- -- GNR S3 Assemblage Animal 4151 Waterbird Colony --- 1997-07-07 F 3-Medium --- --- GNR S3 Assemblage Animal 541 Waterbird Colony -- 1991-05-30 F 3-Medium --- --- GNR S3 Assemblage Animal 2551 Waterbird Colony -- 2011-05-31 D 3-Medium --- --- GNR S3 Assemblage Animal 36380 Waterbird Colony -- 1976-05-19 X 2-High -- --- GNR S3 Assemblage Bird 27197 Charadrius wilsonia Wilson's Plover 2007 CD 4-Low -- Special G5 S2B Concern Bird 27210 Charadrius wilsonia Wilson's Plover 2007 D 3-Medium -- Special G5 S2B Concern Bird 14954 Egretta caerulea Little Blue Heron 1991-05-16 F 3-Medium --- Special G5 S3B,S3 Concern N Bird 15951 Egretta lhula Snowy Egret 1991-05-16 F 3-Medium --- Special G5 S2S3B, Concern S3N Bird 16723 Egretta tricolor Tricolored Heron 1991-05-16 F 3-Medium --- Special G5 S3B,S3 Concern N Bird 2416 Gelochelidon nilotica Gull -billed Tern 1988 H 3-Medium --- Threatened G5 S1S26 Bird 36411 Gelochelidon nilotica Gull -billed Tern 1991-05-30 F 3-Medium -- Threatened G5 S1S2B Bird 27228 Haematopus palliatus American Oystercatcher 2067 BC 4-Low -- Special G5 S2S3B, Concern S3N Bird 27342 Haematopus palliatus American Oystercatcher 2007 B 3-Medium --- Special G5 S2S3B, Concern S3N Page 3 of 7 Element Occurrences Documented Within a One -mile Radius of the Proiect Area Bird 26020 Haematopus palliatus American Oystercatcher 2007 B 3-Medium --- Special G5 S2S3B, Concern SM Bird 7119 Himantopus mexicanus Black -necked Stilt 1983-07 F 4-Low --- Significantly G5 S1B Rare Bird 36705 Nyctanassa violacea Yellow -crowned Night- 1976-07-16 D 6-Unknow --- Significantly G5 S2B Heron n Rare Bird 16257 Passerina ciris Painted Bunting 2005 B 3-Medium Species of Special G5 S3B Concern Concern Bird 522 Passerina tins Painted Bunting 1994-Pre E 4-Low Species of Special G5 S3B Concern Concern Bird 16216 Rynchops niger Black Skimmer 1988 H 3-Medium -- Special G5 S2B,S3 Concern N Bird 36408 Rynchops niger Black Skimmer 2005-05-20 F 3-Medium -- Special G5 S2B,S3 Concern N Bird 12917 Rynchops niger Black Skimmer 1997-06-09 F 4-Low -- Special G5 S2B,S3 Concern N Bird 36412 Rynchops niger Black Skimmer 1991-05-30 F 3-Medium -- Special G5 S2B,S3 Concern N Bird 23960 Rynchops niger Black Skimmer 2004-06-22 F 3-Medium --- Special G5 S2B,S3 Concern N Bird 36409 Sterna hirundo Common Tern 2007-05-22 F 3-Medium -- Special G5 S2B Concern Bird 36413 Sterna hirundo Common Tern 1991-05-30 F 3-Medium --- Special G5 S2B Concern Bird 23961 Sterna hirundo Common Tern 2011-05-31 F 3-Medium --- Special G5 S2B Concern Bird 23765 Sternula antillarum Least Tern 2004-06-22 D 4-Low --- Special G4 S313 Concern Bird 35772 Sternula antillarum Least Tern 1983-05-22 F 3-Medium --- Special G4 S3B Concern Bird 35773 Sternula antillarum Least Tern 1997-07-07 D 3-Medium --- Special G4 S3B Concern Bird 35774 Sternula antillarum Least Tern 1991-05-30 H 3-Medium --- Special G4 S3B Concern Bird 33042 Sternula antillarum Least Tern 2011-06-08 C 2-High --- Special G4 S3B Concern Page 4 of 7 Element Occurrences Documented Within a One -mile Radius of the Area Butterfly 14658 Atrytonopsis quinteri Crystal Skipper 2015-04-21 B? 2-High Species of Significantly G10 S1 Concern Rare Dragonfly or 32036 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? Damselfly Low Rare Dragonfly or 33787 Triacanthagyna trifida Phantom Darner 2004-Pre H? 5-Very --- Significantly G5 S1? Damselfly Low Rare Freshwater Fish 32417 Acipenser oxyrinchus Atlantic Sturgeon 2012-04-04 E 4-Low Endangered Endangered G3 S2 Mammal 9806 Trichechus manatus West Indian Manatee 2008-06-13 E 5-Very Endangered Endangered 62 S1N Low Natural 16844 Salt Flat --- NR 4-Low --- --- G5 S4 Community Natural 10811 Salt Marsh (Carolinian --- NR 4-Low --- --- G5 S4 Community Subtype) Natural 16404 Salt Shrub (Low Subtype)--- NR 4-Law -- --- G4 S4? Community Reptile 15254 Malaclemys terrapin Diamondback Terrapin 2008-05-01 E 3-Medium Species of Special G4 S3 Concern Concern_ Reptile 13517 Malaclemys terrapin Diamondback Terrapin 2013-04-11 E 3-Medium Species of Special G4 S3 Concern Concern Vascular Plant 16095 Polygonum glaucum Seabeach Knotweed 1967-07-29 H 3-Medium --- Endangered G3 S1 Vascular Plant 35161 Sesuvium portulacastrum Shoreline Sea -purslane 1993-07-16 E 4-Low --- Significantly G5 S1 Rare Peripheral Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational. Rating Collective Rating I Radio Island R3 (High) C4 (Moderate) Phillips and Annex Islands R5 (General) C4 (Moderate) Fort Macon State Park/Brandt Island R1 (Exceptional) C1 (Exceptional) Mana ed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name11MI I IOwner Qwner Type ,� NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund Carteret County Open Space Carteret County: multiple local government Local Government Port of Morehead City NC Stale Ports Authority State Fort Macon State Park NC DNCR, Division of Parks and Recreation State Page 5 of 7 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Brant Island Registered Heritage Area NC Wildlife Resources Commission Slate US Army Reserve Center US Department of Defense Federal Definitions and an explanation of status designations and codes can be found at httns:!lncnhde.natureserye.orolcnntentlheln, Data query generated on March 21, 2018; source: NCNHP, Q1 January 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 6 of 7 ni NCNHDE-5621: Resources Near PCS Phosphate Morehead City Bulk Handling Facility Date Total Suspended Solids (TSS) mg/L Total Phosphorus (TP) mg/L Total Nitrogen (TN) mg/L Total Kjeldahl Nitrogen (TKN) mg/L Total Ammonia as Nitrogen mg/L Chemical Oxygen Demand (COD) mg/L Fluoride mg/L pH STD units Benchmark 100 2 30 n/a n/a 120 75 6-9 Jan-13 22 3 2 1 1 56 <1 6.9 Feb-13 30 9 10 7 3 100 <1 6.4 Mar-13 43 15 7 4 4 27 <1 6.4 Apr-13 12 21 12 10 11 38 0 7.7 May-13 181 5 3 2 1 39 1 6,9- Jun-131 87 3 5 4 1 334 0 6.6 Jul-13 19 68 47 45 37 26 2 6.0 Aug-13 27 10 5 3 3 35 0 6.8 Sep-13 157 8 3 2 1 53 1 7.0 Oct-13 9 18 11 9 8 <20 1 6.8 Nov-13 26 1 1 1 1 458 1 7.0 Dec-13 36 i 1 1 1 2050 1 7.8 Jan-14 121 20 6 6 2 <20 1 7.2 Feb-14 31 6 8 6 3 55 0 7.2 Mar-14 41 9 6 5 4 32 0 6.6 Apr-14 15 2 2 2 1 40 0 7.1 May-14 Jun-14 75 11 6 3 2 37 0 7.4 Jul-14 139 18 5 4 4 33 1 6.6 Aug-14 27 7 2 2 1 24 <0.1 6.5 Sep-14 28 7 3 2 1 30 0.3 7.5 Oct-14 67 6 2 1 1 28 0.1 7.4 Nov-14 19 7 4 3 3 <20 0.3 6.9 Dec-14 22 1 1 1 1 783 0.8 7.7 Jan-15 27 3 7 6 0 26 0.1 7.1 Feb-15 21 1 1 1 0 3580 0.8 7.0 Mar-15 57 6 3 3 1 120 0.2 7.6 Apr-15 12 1 2 1 0 2258 0.6 7.4 May-15 57 5 1 1 1 1277 0.8 7.2 Jun-15 40 10 4 3 2 35 0.3 7.0 Jul-15 80 5 3 3 3 3717 0.9 7.2 Aug-15 43 3 1 1 1 2200 1.0 7.5 Sep-15 36 19 10 9 10 104 0.8 6.9 Oct-15 70 6 1 1 1 190 0.6 7.6 Nov-15 10 1 4 2 1 68 0.6 7.0 Dec-15 21 6 2 1 1 <20 0.8 7.5 Jan-16 14 16 13 10 11 25 0.5 7.1 Feb-16 17 7 3 2 2 <20 1.0 7.4 Mar-16 47 2 1 1 0 243 0.9 7.1 Apr-16 107 63 54 53 45 27 2.8 772 May-16 37 16 8 6 3 27 0.6 6.6 Jun-16 5 3 1 1 1 <20 0.2 7.0 Jul-16 22 12 8 7 6 35 0A 7.0 Aug-16 29 2 1 1 0 120 0.8 1 7.2 Sep-16 18 10 7 4 4 36 0.4 6.9 Oct-16 <20 <1 Nov-16 29 7 2 2 1 26 0.3 7.0 Dec-16 34 11 7 6 6 28 0.6 6.8 Jan-17 12 0 0 0 0 146 0.6 7.4 Feb-17 24 36 7 6 5 208 1.4 6.5 Mar-17 29 1 1 1 0 221 0.8 7.4 Apr-j7L 59 3 1 1 0 132 0.6 7.4 May-17 9 1 0 0 0 288 0.8 8.1 Jun-17 14 1 1 1 0 166 0.9 7.7 Jul-17 10 2 1 1 0 203 0.9 7.5 Aug-17 29 3 1 1 1 272 0.7 7.9 Sep-17 14 2 1 1 1 79 0.2 7.1 Oct-17 6 3 2 1 1 134 0.1 7.5 Nov-17 19 0 1 1 0 398 0.8 7.7 Dec-17 26 5 4 1 1 26 0.1 7.3 Jan-18 17 3 3 2 1 56 0.2 7.5 Feb-18 7 0 0 0 0 228 0.8 8.0 Mar-181 15 4 2 1 1 23 0.2 7.3 White Oak River Basin 2014 AU Number: AU Name: AU Length Area: AU Units: Classification: I ! JAU Description: 21-(17)e1 Newport River 19.7 S Acres SA;HQW DEH closed area north of Morehead City Harbor restricted area including Crap Point Thorofare and Calico Creek Marsh to Hwy 70 Bridge. RCategory: ACS: Parameter Of Interest: Collection Year: 303(d) yr: 5 EC Shellfish Growing Area -Conditionally Approved Open (Fecal, SH, SA) 2010 2002 4t EC Fish Tissue Mercury (Nar, FC, NC) 2012 2008 21-(17)dia Newport River 3,194.0 S Acres SA;HQW From DEH conditionally approved open line extending from Penn Point to the west shore of Core Creek to the Atlantic Ocean excluding closed areas around Morehead City and Beaufort IRCategory: ACS: Parameter Of Interest: Collection Year: 303(d) yr: 5 EC Shellfish Growing Area -Conditionally Approved Open (Fecal, SH, SA) 2010 2008 if MC Fish Tissue Non Mercury (none exceeding criteria, FC, NC) 2012 4t EC Fish Tissue Mercury (Nar, FC, NC) 2012 2008 21-(17)e2 Newport River 671.1 S Acres SA;HQW From DEH conditionally approved open line extending from Penn Point to the west shore of Core Creek to the Atlantic Ocean excluding closed areas around Morehead City and Beaufort IRCategory: ACS: Parameter Of Interest: Collection Year: 303(d) yr: 5 EC Shellfish Growing Area -Prohibited (Fecal, SH, SA) 2010 2002 1 MC Enterrococcus (GM 35, REC, SW) Asmnt Period 2012 4t EC Fish Tissue Mercury (Nar, FC, NC) 2012 2008 21-31 Newport River Restricted Area (Morehead City Har 126.0 S Acres SC All waters within a line beginning at a point of land near the south end of 11th street in Morehead City at Lat. 34 43' 08"Long. 76 43' 04"; thence in straight line to the west RCategory: ACS: Parameter Of Interest: Collection Year: 303(d) yr: 1f MC Fish Tissue Non Mercury (none exceeding criteria, FC, NC) 2012 4t EC Fish Tissue Mercury (Nar, FC, NC) 2012 2008 21-35-1-7-2a North Leopard Creek 10.8 S Acres SA;HQW From source to Ward Creek RCategory: ACS: Parameter Of Interest: Collection Year: 303(d) yr: 5 EC Shellfish Growing Area -Conditionally Approved Closed (Fecal, SH, SA) 2010 2002 at EC Fish Tissue Mercury (Nar, FC, NC) 2012 2008 21-35-1-7-2b North Leopard Creek 86.6 S Acres SA;HQW From source to Ward Creek RCategory: ACS: Parameter Of Interest: Collection Year: '303(d) yr: 5 EC Shellfish Growing Area -Conditionally Approved Open (Fecal, SH, SA) 2010 2002 4t EC Fish Tissue Mercury (Nar, FC, NC) 2012 2008 2014 NC Water Quality Assessment -for 305(b) Page 921 of 1069 411312018 RE: [External) RE: Stormwater Permit Renewal - NCS000520 - Bennett, Bradley RE: [External] RE: Stormwater Permit Renewal - NCS000520 Danny Winstead <Danny.Winstead@nutrien.com> Fri 4/13/201.8 1:53 PM Ta:Bennett, Bradley <bradley.bennett@ncdenr.gov>; b 1 attachments 113 KG) Summary 2013-2018.xdsx; CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Bradley, Scroll down for answers to most of your questions until we can talk in real time. Danny From: Bennett, Bradley[mailto:bradley.bennett@ncdenr.gov] Sent: Thursday, March 22, 2018 10:26 AM To: Danny Winstead <Danny.Winstead@nutrien.com> Subject: [EXT SENDER] Re: [External] RE: Stormwater Permit Renewal - NCS000520 Okay. tet me know the best number for you and I'll call you. 613 Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.bennett@ncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws From: Danny Winstead <Danny.Winstead@nutrien.com> Sent: Thursday, March 22, 2018 10:16 AM To: Bennett, Bradley Subject: RE: [External] RE: Stormwater Permit Renewal - NCS000520 CAUTION: External email. Do not click links or open attachments unless verified, send all suspicious email as an attachment to Report Spam. Thank works for me. https:tloutlook.office365.comlowal?viewmodel=ReadMessageltem&ltemlD=AAMkADg1 YjdhZmlxLTMzMGYtNGU3Ni1 h NG U4LTY3M2E1 ODhmOGQxYgBGAAAAAAC 4/13/2018 RE: [External] RE: Stormwater Permit Renewal - NCS000520 - Bennett, Bradley From: Bennett, Bradley [mailto:bradley.bennett@ncdenrgov] Sent: Thursday, March 22, 2018 10:14 AM To: Danny Winstead <Danny.Winstead@nutrien.com> Subject: [EXT SENDER] Re: [External] RE: Stormwater Permit Renewal - NC5000520 How about 2:00 on Tuesday? BB Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben net @ncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records taws From: Danny Winstead <Danny.Winstead @nutrien,com> Sent: Thursday, March 22, 2018 10:05 AM To: Bennett, Bradley Subject: RE: [External] RE: Stormwater Permit Renewal - NCS000520 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Since my e-mail my schedule has changed and I have a meeting with the General Manager at 9:30 on Tuesday. Later Tuesday is still open. My office number is 252-322-8283. DW From: Bennett, Bradley [mailto:bradley.bennett@ncdenr.gov] Sent: Wednesday, March 21, 2018 4:57 PM To: Danny Winstead <Danny.Winstead@nutrien.com> Subject: [EXT SENDER] Re: [External] RE: Stormwater Permit Renewal - NCS000520 Thanks Danny. How does Tuesday at 9:00work for a call? Just let me know the number to call you at. Below are some things I'd like to discuss. • General update on the facility and activities, especially things that may have changed since the permit renewal application was submitted in 2013. The site plan from 2013 seemed to indicate there was some additional potential lease area. Have additional activities been added here? This did not materialize. Lease area the same. • Update on monitoring efforts since the renewal application. It would be helpful if you could provide a summary of the data from since 2013. I'd also like to discuss management measures that you may have implemented since the monitoring I've looked at seems to continue to shw some benchmark excrescences. Summary data attached. https:/Ioutlook.office365.comlowar?viewmodel=ReadMessageltem&ltemlD=AAMkAD91 YjdhZmlxLTMzMGYtNGU3Ni1 hNGU4LTY3M2E1 GDhmOGQxYg BGAAAAAAC -.I 4/13/2018 RE: [External) RE: Stormwater Permit Renewal - NCS000520 - Bennett, Bradley Are there other or different materials on site now that should be accounted for as potential parameters in the monitoring? The products are the same. We are not shipping solid fertilizer oversees at the rate we once did. With recent changes to federal regs we will be moving toward electronic reporting of data. Our system can't handle the data right now, but in preparing for this we need to get accurate location info (lat/long) for all of your Stormwater outfall points. We sample from one of the drop -in prior to the discharge location so we would need to know if you want the sample location or the discharge point. Also Out -fall 002 the sample location is below sea level and prevents a representative sample. • I have attached a print out of information we currently have in our database for your facility. Can you review this and let me know if there are any changes/additions we need to make. • We can discuss the renewal process and time frames from here. • Any other issues, areas that you want to discuss. Thanks BB Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.ben nett@ncdenr,gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws From: Danny Winstead <Danny.Winstead@nutrien.com> Sent: Wednesday, March 21, 2018 9:44 AM To: Bennett, Bradley Subject: [External] RE: Stormwater Permit Renewal - NCS000520 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Bradley, I'm still the right person for this. My e-mail has changed to Danny.Winstead@Nutrien.com. We can work around your schedule. Also if you want to meet in person I will be glad to come to Raleigh. My schedule is clear on Tuesday 3/27 except 1:00 to 2:00. On Wednesday 3/28 it is clear except 3:00 to 4:00. Thursday 3/29 is currently open. Danny From: Bennett, Bradley[mailto:bradley.bennett@ncdenr.gov1 Sent: Wednesday, March 21, 2018 9:28 AM To: dwinstead@pcsphosphate.com Subject: [EXT SENDER] Stormwater Permit Renewal - NCS000520 httpsaloutlook.ofrice365.comlowa/?viewmodel=ReadMessageltem&ltem{D=AAMkADgl YjdhZmlxLTMzMGYtNGU3Nil hNGU4♦ TY3M2E1 ODhmOGQxYgBGAAAAAAc 4/13/2018 RE: [External] RE: Stormwater Permit Renewal - NCS000520 - Bennett, Bradley ****This email was addressed to an old legacy email address. To continue receiving email from this external sender. Please notify the sender of your @nutrien.com email address**** Hello, and first let me apologize for how long it has taken us to get going on your permit renewal. A number of issues over the last few years have led to a backlog on renewal of our Individual permits. I would like to set up a time where I can call and talk with you or another appropriate contact about the renewal. I will be working on this process. Since the previous renewal application came in back in 2013 1 �N guessing there may be some changes that we should discuss and possibly have documented for the renewal. I work part time so 1131 not in the office every day. In general I'm in the office Tuesday through Thursday but I can be available other days for a call if needed. Please let me know when we may be able to talk. Thanks Bradley Bennett Stormwater Program Phone: (919) 807-6392 NC Division of Energy, Mineral & Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.bennett@Dcdenr.ggv Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws For more information on Nutrien's email policy or to unsubscribe, click here: https://www.nutrien.com/important-notice Pour plus de renseignements sur la politique de courrier electronique d'Nutrien ou pour vous desabonnez, cliquez ici https:/Iwww. nutrien.comlavis-im portant For more information on Nutrien's email policy or to unsubscribe, click here: https://www.nutrien.com/important-notice Pour plus de renseignements sur la politique de courrier electronique d'Nutrien ou pour vous desabonnez, cliquez ici https://www.nutrien,com/avis-important For more information on Nutrien's email policy or to unsubscribe, click here: https://www.nutrien.com/important-notice Pour plus de renseignements sur la politique de courrier electronique d'Nutrien ou pour vous desabonnez, cliquez ici https://www.nutrien.com/avis-important For more information on Nutrien's email policy or to unsubscribe, click here: https:/,Iwnvvi.nutrien.com/important-notice Pour pfus de renseignements sur la politique de courrier electronique d'Nutrien ou pour vous desabonnez, cliquez ici : https://wwkv.nutrien.com/avis- important https:!!outlook.office365.comlowa/?viewmodel=ReadMessageltem&ItemID=AAMkADg 1 YjdhZmlxLTMzMGYtNGU3Ni 1 hNGU4LTY3M2El0DhmOGQxYg BGAAAAAAC O'W 4113 PotashCorp Helping Nature Provide March 21, 2013 CERTIFIED MAIL NCDENR-Division of Water Quality Stormwater Permitting Unit Individual Permit Renewal 1617 Mail Service Center Raleigh, N. C. 27699-1617 Permit Renewal NPDES Permit NCS000520 PCS Phosphate Bulk Handling Facility Morehead City Terminal Carteret County The following is the renewal package for NCS000520. Included in this package are the following items: • Permit Coverage Renewal Application Form • March 1, 2013 memo from Bradley Bennett NCDENR • Signatory Authority memo from Brent Heimann PCS Phosphate • E-mail establishing Mark Johnson as Steve Beckel's Designee. • Supplemental Information Form • Figure 1: Morehead City Facility Existing Drainage Areas & SW Site Plan • Analytical Monitoring results summary Outfall 100 • Analytical Monitoring results summary Outfall 200 • Visual Monitoring results summary Outfall 100 • Visual Monitoring results summary Outfall 200 • Best Management Practices summary • SP3 Development and Implementation Certification • Outfall 100 and 200 Drainage Areas MAR 2 8 20113 IVR - WATM QUAUTY 1530 NC Hwy 306 South, Aurora, NC USA 27806 T (252) 322-4111 HANC Port120131Perttit Renewal Package.doc£CS Phosphate I www.potashcorp.com Outfall 200 is sampled from Drop Inlet #201 (see Outfall 100 and 200 Drainage Areas Drawing). Please note that the invert of this Drop Inlet is -2.4. At this elevation seawater will be present resulting in a non -representative sample of the discharge. This drop inlet is the only one in which stormwater from the north and south sides of the western end of the Phosphate Storage Warehouse are combined prior to discharge. Due to these physical conditions a representative sample of the discharge is not possible and we therefore request that the requirement to sample Outfall 200 be removed from the permit. Please do not hesitate to call me at 252-322-8283 should you have any questions concerning this. Sincerel , p. D. Daniel Winstead III Environmental Engineer PCS Phosphate Pc: R. M. Smith / 12-01-013 (w/ attachments) WiRO Mike Brom HANC Port�20131Permit Renewal Package.docx Permit Coverage Permit Number .Of,I�Ff9 Renewal Application Form NCS000520 p�oY National Pollutant Discharge Elimination System Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information * Reissued Permit will be mailed to the owner address Owner / Organization Name Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: PCS Phosphate Company Inc Brent Heimann 1530 NC Highway 306 South Aurora, NC 27806 (252)382-66 Facility Permit Contact Information Facility Name: Morehead City Bulk Handling Facility Sulfur Facility Physical Address: 113 Arendell St Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: Morehead City, NC 28557 Newport River Restricted Area (Morehead City Harbor) Sc White Oak River Basin 03-05-03 / 7o1ZCHeAo C, 7V a � � a ►� a L i!. ..1 a20i I • ' ` 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.uslsu/Impaired Waters TMDL/ ) RI N'A Y 13 [IT.% r 16101 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 Print or type name of person signing above Date -2,17-L1 Zo�3 OL-Aa Title Stormwater Permitting Unit Please return this completed renewal application form to: Individual Permit Renewal 1617 Mail Service Center Raleigh, North Carolina 27699-1617 North Carolina Pat McCrory Governor . Brent Heimann PCS Phosphate Company Inc 1530 NC Highway 306 South Aurora, NC 27806 Dear Permittee: ..,VirA NCDENR Department of Environment and Division of Water Quality Charles Wakild, PE Director March 1, 2013 Natural Resou (0 �_ E I 1 MM Ni;?442013 John E. Skvarla, III Secretary Subject: NPDES Stormwater Permit Coverage Renewal Morehead City Bulk Handling Facility Sulfur Project Permit Number NCS000520 Carteret County Your facility is currently covered for stormwater discharge under NPDES Permit NCS000520. This permit expires on 6/30/2013. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. Please conilete and return the application and supplemental information to DWQ by April 5, 2013. Failure to request renewal within this time period may result in delay of your permit renewal. Discharge of stormwater from your facility without coverage under a valid Stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Bradley Bennett of the Stormwater Permitting Unit at (919)-807-6378 or brad ley.bennett@ncdenr.gov. Sincerely,, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: SPU Files Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807­83001 FAX: 91M07-6492 Internet: www,ncwaterquality.org One NorthCarohna Naturally An Equal Opportunity 4 Affirmative Action Employer PotashCorp Helping Nature Provide April 28. 2011 NCDENR - Division of Water Quality 512 N Salisbury Street Raleigh, N. C. 27604 Brent Heimann President, PCS Phosphate and PCS Nitrogen Subject: Signatory Authority for Water Quality Permits As required in 15A NCAC 2T .0106(b) (c), I hereby authorize any individual occupying the following positions as having signatory authority for all reports and correspondence relating to PCS Phosphate Company Inc.'s water quality permits. The named positions are the General Manager and his Designee at the following address and phone number: PCS Phosphate Company, Inc., Aurora Hwy 306 South Aurora. North Carolina 27806 Phone (252) 322-8283 Sincerely, Brent Heimann President Phosphate/Nitrogen Operations Potash Corp 1101 Skokie Boulevard, Suite 400, P.O. Box 3320, Northbrook, IL USA 60062 T (847) 849-4471 F (847) 849-4691 Toll Free (800) 241-6908 PCS Administration (USA), Inc. ! www.potashcorp.com Danny To Ross Smith/EnvA/Aurora/Phosphate/PCS@PCS fxt� �T ..: Winstead/EnvA/Aurora/Phosp cc hate/PCS - 03/21/2013 12:52 PM bcc Subject Fw: Steve Beckel -Absence from the Site -- Forwarded by Ross Smith/EnvA/AuroralPhosphate/PCS on 03/21/2013 12:07 PM — From: Rosemary Williamson/Admin/Aurora/Phosphate/PCS To: AuroraMgrSupt, Scott S Brown/CMNT/Aurora/Phosphate/PCS@PCS Date: 03/1812013 03:45 PM Subject: Steve Beckel - Absence from the Site Steve will be away from the site March 19 - March 28. Mark Johnson will act on Steve's behalf during his absence. Thanks, Rosemary Mark D. Johnson Steven A. Beckel Manager General Manager Chemical Plants Operations PCS Phosphate PCS Phosphate PotashCorp® Aurora PotashCorp0 Aurora 1530 NC Hwy 306 S. 1530 NC Hwy 306 S. Helping Nature Provide Aurora, NC Helping Nature Provide Aurora, NC USA 27806 USA 27806 T (252) 322-8195 www.potashcorp.ccm www.pc)tashcorp•com F (252) 322-8061 T (252) 322-8266 C (252) 943-4764 F (252) 322-8061 mjohnson@potashcorp.com sbeckel@pcsphosphate.com 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 �Dtinl 1. 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. �.I 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 -Dj J 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. i)pW 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. N 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. 7bbv\l 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) LEGEND t STORMWATER COLLECTION (GRAVITY) — EX. DRAINAGE BOUNDARY CONTAINMENT AREA NEWPORT RIVER DRAINAGE AREA = 4.03 ACRES --- ADDITIONAL AREA LEASE BOUNDARY (APPROX.) IMPERVIOUS AREA = 4.03 ACRES K % IMPERVIOUS = 100% I � 1 EX. FISH MEAL I � BUILDING ` EX. OVERHEA CONVEYOR ©j - - - - - - PROPOSED LEASE AREA "A" 267,994 SOFT I 1 6.15 ACRES _ PROPOSED LEASE AREA "B" I - C , 1 EX. LEASE AREA 1 EX, STORAGE 103,045 SOFT I 1,005,652 SOFT TANKS 2.37 ACRE now Boom23.09 ACRES 000goo I I ❑\ EX. EX. OUTFALL 100 GE OUTFALL TANKS DRAINAGE AREA = 17.8 ACRES I 200 ' EX. PHOSPHATE IMPERVIOUS AREA = 11.5 ACRES r STORAGE BUILDING % IMPERVIOUS = 65% ' EX. PHOSPHATE Q STORAGE BUILDING �❑ EX. OUTFALL 100— US 70 � � + US 70 Mown Nowr � own � NC PORT FACILITY RAIL YARD EX. LEASE AREA 2 ` 58,765 SQFT Zi 1.35 ACRES 1 / EX. OUTFALL 200 1 / F FORY�BL�lx DRAINAGE AREA = 3.5 ACRES IMPERVIOUS AREA = 3.5 ACRES o SEAMAN'S °cF % IMPERVIOUS = 100% �CEN TER 1 O C�WA TER EX. LEASE AREA 3 6,574 SOFT TOWER 0.15 ACRES � • \� 1 0 oN� PORT OF MOREHEAD CITY HIFW on.:e.y Mn iY_C}II�YJ Outfall 100 Date TSS (mg/1) Total P (mg/1) Total N (mg/1) TKN (mg/1) Total Ammonia as Nitrogen (mg/1) COD (mg/1) Flouride Temparature ('C) pH (standard) Rainfall (in.) 100 2 30 N/A N/A 120 75 N/A 6-9 2/7/2013 30 9 10 7 3 100 <1 12.7 6.4 2.48 1/11/2013 22 3 2 1 1 56 <1 17.7 6.9 0.12 12/7/2012 33 2 5 4 1 51 <1 17.4 8.0 0.19 11/6/2012 12 2 3 2 1 205 <1 13.7 7,4 0.2 10/1/2012 <5.6 7 5 4 3 26 1 21.5 6.2 0.14 9/16/2012 32 4 6 3 2 34 1 22.8 6.4 D.16 8/19/2012 27 10 11 7 6 30 1 23.1 6.4 1,59 7/20/2012 17 19 14 12 12 592 1 25.3 6.7 0.22 6/25/2012 11 15 13 8 9 32 <1 25.1 6.8 0.83 5/17/2012 16 7 7 5 3 43 <1 22.5 6.5 0.2 4/22/2012 22 13 11 8 7 122 1 23.1 6.8 0.28 March No Flow No Flow I No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 2/16/2012 18 61 9 6 4 44 0.461 14.4 6.3 0.16 1/19/2012 68 21 8 4 14 36 1 12.8 6.6 0.19 December No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 11/29/2011 44 26 17 15 15 23 1 19.7 6.6 0.14 10/19/2011 115 34 20 18 17 33 2 21.4 6.7 0.24 9/7/2011 93 72 68 65 51 57 3 25.6 6.7 0.3 8/5/2011 69 115 130 125 100 35 3 26.3 6.7 0.5 July No Flaw No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 6/29/2011 491 77 45 43 22 23SI 3 23.3 6.4 0.92 May No Flow No Flow No Flow No Flow No Flow No Flow I No Flow No Flow No Flow No Flow 4/26/2011 52 32 27 23 22 54 <1 22.8 6.9 0.4 3/6/2011 119 7 3 2 2 27 <1 18.6 6.9 0.34 February No Flaw No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 1/25/2011 9 12 9 9 12 22 1 12.8 7.0 0.38 12/18/2010 36 29 66 62 49 30 3 10.6 6.8 0.32 November No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 10/25/2010 59 203 252 245 199 42 7 24.1 6.7 0.3 9/26/2010 42 37 26 23 23 27 2 25.3 6.7 0.38 8/20/2010 129 85 101 94 71 37 3 24.8 6.0 0.33 7/14/2010 80 43 37 36 26 60 21 24.6 6.8 0.44 6/14/2010 33 82 68 63 69 70 3 26.6 6.6 0.28 5/24/2010 16 17 17 14 12 39 1 21.2 6.9 0.30 April No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 3/11/2010 55 16 13 11 15 26 1 18.8 6.9 0,24 2/5/2010 42 25 27 24 21 16 1 18.6 7.0 0.33 1/25/2010 131 51 35 34 23 21 1 18.3 6.6 0.36 12/2/2009 75 71 69 68 50 35 3 17.8 6.9 0.28 11/11/2009 38 105 97 94 77 36 3 20.2 6.9 0.27 10/14/2009 10 15 13 10 12 20 1 19.4 6.8 0.36 9/18/2009 35 131 127 121 81 57 4 25.1 6.3 0.36 8/12/2009 16 174. 198 188 154 25 4 24.8 6.6 0.56 7/6/2009 69 53 46 40 31 58 3 26.5 6.2 0.36 June No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow S/16/2009 49 80 56 52 51 63 2 20.4 7.2 0.32 4/14/2009 20 151 193 188 159 43 4 16.5 7.1 0.20 3/16/2009 34 94 85 84 69 25 5 12.2 7.2 0.44 2/18/2009 81 611 70 66 49 28 2 11.1 7.3 0.44 1/13/2009 65 73 70 67 57 29 3 9.3 7.21 0.46 December No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 11/13/2008 37 29 21 18 19 101 2 17.7 6.9 1.60 Average 59.3 48.2 48.6 45.9 37.8 63.0 4.3 19.9 6.8 0.4 Peak 491.0 203.0 252.0 245.0 199.0 592.0 75.01 26.6 8.0 2.5 Low 9.0 2.0 2.0 l OF 1.0 10,0 0.51 9.3 6.0 0.1 Outfall 200 Date TSS (mg/1( Total P (mg/1) Tota€ N (mg/I) TKN (mg/1) Total Ammonia as i Nitrogen (mg/1) COD (mg/1) Flouride Temparature (°C) pH (standard) Rainfall (in.) Note Sample location invert allows seawater to equalize in the basin which prevents obtaining a representative sample. June Unable to obtain a representative sample at Outfall 200 (Drain Inlet 201) due to the no flow during rain events and high tides. May I Unable to obtain a representative sample at Outfall 200 (Drain inlet 201) due to the no flow during rain events. April Unable to obtain a representative sample at Outfall 200 (Drain Inlet 201) due to the no flow during rain events and high tides. March Unable to obtain a representative sample at Outfall 200 (Drain $nlet 201) due to the no flow during rain events. February Unable to obtain a representative sample at Outfall 200 (Drain Inlet 201) due to the no flow during rain events and high tides. January Unable to obtain a representative sample at Outfall 200 (Drain Inlet 201) due to the no flow during rain events and high tides. December /1/10 - 12/31/10 Unable tD obtain a representative sample at Outfall 200 (Drain Inlet 201) due to the timing of rain events and high tides November October September River water was backed into drain 201 each time sampling was attempted. August July June 1/1/10 - 6/30/10 Unable to obtain a representative sample at Outfall 200 {Drain Inlet 201) due to the timing of rain events and high tides. May April March River water was backed into drain 201 each time sampling was attempted. February January December 11/11/2009 59.0 3.0 2.0 2.0 1.0 19 1.0 20.7 7.3 0.48 October September August July June May April March February 1/13/2009 16.0 2.0 2.0 1.0 1.0 62 <1 13.5 7.7 0.46 December 11/13/2008 30.0 1.3 1.3 1.1 0.2 805 0.5 19.7 8.2 1.60 Average 1 35.0 2.1 1.8 1.4 0.7 295.3 0.7 18.0 7.7 0.8 Peak 59.0 3.0 2.0 2.0 1.0 805.0 1.0 20.7 8.2 1.6 Low 1 16.0 1.3 1.3 1.0 0.2 19.0 0.5 13.5 7.3 0.5 Outfall 100 Date 2. Color 3. Odor 4. Clarity 5. Floating Solids 6. Suspended Solids 7. Foam 8.Oil Sheen 9. Erosion or Deposition 10. 5tormwater Pollution 2/7/2013 Light Brown None 3 2 2 No No No None 1/11/2013 Light Brown None 2 1 1 No No No None 12/7/2012 Light Brown None 2 1 1 No No No None 11/6/2012 Light Brown None 2 1 1 No No No None 10/1/2012 Light Brown None 2 1 1 No No No None 9/16/2012 Light Brown None 2 1 1 No No No None 8/19/2012 Light Brown None 2 1 1 No No No None 7/2012012 Light Brown None 2 1 1 No No No None 6/25/2012 Light Brown None 2 1 1 No No No None 5/17/2012 Light Brown None 2 1 1 No No No _ None 4/22/2012 Light Brown None 2 1 1 No No No None March No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Row 2/16/2012 Light Brown None 2 1 1 1 No No No None 1/19/2012 Light Brown None 2 1 1 No No No None December No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 11/29/2011 Light Brown None 2 1 1 No No No None 10/19/2011 Light Brown None 1 1 1 No No No None 9/7/2011 Light Brown None 1 1 1 No No No None 8/5/2011 Light Brown None 1 1 1 No No No None July No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 6/29/2011 Light Brown None 1 1 1 No No No None May No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 4/26/2011 Light Brown None 1 1 1 No No No None 3/6/2011 Light Brown None 1 1 1 No No No None February No Flow No Flow No Flow No Flaw No Flow No Flow No Flow No Flow No Flow 1/25/2011 Light Brown None 1 1 1 No No No None 12/18/2010 tight Brown None 1 1 1 No No No None November No Flow No Flow No Flow No Flaw No Flow No Flow No Flow No Flow No Flow 10/25/2010 Light Brown None 1 i 1 No No No None 9/26/2010 Light Brown None 1 1 1 No No No None 8/20/2010 Light Brown None 1 1 1 No No No None 7/14/2010 Light Brown None 1 1 1 No No No None 6/14/2010 tight Brown None 2 2 2 No No No None 5/24/2010 Light grown None 1 1 1 No No No None April No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 3/11/2010 Light Brown None 2 2 2 No No No None 2/5/2010 Light Brown None 1 1 1 No No No None 1/25/2010 Light Brown None 1 1 1 No No No None 12/2/2009 Light Brown None 1 1 1 No No No None 11/11/2009 Light Brown None 1 1 1 No No No None 10/14/2009 Light Brown None 1 1 1 No No No None 9/18/2009 Light Brown None 3 1 2 No No No None 8/12/2009 Light Brown None 1 1 1 No No No None 7/6/2009 Brownish None 2 2 2 No No No None June No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 5/16/2009 None None 2 2 1 No No No None 4/14/2009 None None 1 1 1 No No No None 3/16/2009 Light Gray None 2 1 1 No No No None 2/18/2009 Light Gray None 2 1 1 No No No None 1/13/2009 Light Gray None 2 1 1 No No No None December No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 11/13/2008 Light Gray None 2 1 2 No No No None Average 1.6 1.1 1.1 Peak 3.0 2.0 2.0 Low 1.0 1.01 1.0 R Outfall 200 Date 2. Color 3. Odor 4. Clarity 5. Floating Solids 6. Suspended Solids 7. Foam B. Oil Sheen 9. Erosion or Deposition 10. Storrnwater Pollution 2/7/2013 1/11/2013 12/7/2012 11/6/2012 10/1/2012 9/16/2012 8/19/2012 7/20/2012 6/25/2012 5/17/2012 4/22/2012 March No Flow No Flow No Flaw No flow No Flow No Flow No Flow No Flow No Flow 2/16/2012 1/19/2012 December No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 11/29/2011 10/19/2011 9/7/2011 8/5/2011 July No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 6/29/2011 May No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 4/26/2011 3/6/2011 February No Flow No Flow No Row No Flow No Flow No Flow No Flow No Flow No Flow 1/25/2011 12/18/2010 November No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 10/25/2010 9/26/2010 8/20/2010 7/14/2010 6/14/2010 5/24/2010 April No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 3/11/2010 2/5/2010 1/25/201Q 12/2/2009 11/11/2009 Light Brown None 1 1 1 No No No None 10/14/2009 9/18/2009 8/12/2009 7/6/2009 June No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 5/16/2009 4/14/2009 3/16/2009 2/18/2009 1/13/2009 None None 1 2 1 No No 1 No None December No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow No Flow 11/13/2008 None None 1 1 1 No No No None Average 1.0 1.3 1.0 Peak 0.0 0.0 1.0 2.0 1.0 0.0 0.0 0.0 0.0 Low 0.01 0.0 1.0 1.0 1.0 0.0 0.0 0.0 0.0 MHC Port - Bulk Handling Stormwater Management Action Items Adjusted belt wipers/Swept barge dock and roads 06/29/11 No Flow May Swept all paved surfaces 04-06-11 SPCC and SPPP training to raise awareness of best practices and 03-06-11 Housekeeping issues to improve runoff results No Flow February Swept all paved surfaces Bulk Handling area 01-25-1 1 Clean debris and growth around all drop -ins to outfall 100 12-29-10 No Flow November Cleaned around sample point OF 200 and added brick to keep debris out 10-25-10 Cleaned around all drop -ins grass growth and debris from gratings 09-30-10 Replaced 30 belt covers conveyer #3 (5111 & 61h set) 08-27-11 Replaced 15 belt covers conveyer #3 (0 set) 07-21-10 Replaced 15 belt covers conveyer #3 (3'd set) 06-23-10 Replaced 15 belt covers conveyer #3 (2"d set) 05-28-10 No Flow April Replaced 15 belt covers conveyer #3 (I" set) 03-29-11 Replaced 20 belt covers conveyer #7 02-15-10 Repair gutters on DAP warehouse and concrete drainage along building 01-25-10 Completed cleaning last 8 drop -ins to outfall 100 (GARCO) 12/22/09 Cleaned 8 drop ins and lines to out faII 100 (GARC0) 11/18/09 Replaced Several Belt Covers Conveyer #1 1 10/23/09 Replace conveyer belt 48 conveyer 09/30/09 Adjust belt wipers transfer house 3 08/20/09 Increase frequency of road cleaning & extend to larger area 07/21/09 Clean debris around storm drain covers Adjust belt wipers to prevent spillage 3, 7. & 8 06/17/09 Add belt wipers to #3 conveyer 05/04/09 Replace Conveyer Belt # 3 04/06/09 Replace belt wipers on conveyer 4, 5 & 6 03/09/09 Replace belt wipers on conveyer 2, 7, & 8 02/ 11 /09 Outfall 200 to resample Outfall 100 Rubber Mats cut for storm drains under conveyer # 3 (6 covers) 1 1 /26/08 Monthly Belt Wiper Inspection and Adjustment SCP Company Monthly Storm Drain and Outfall Inspections PCS and NCSPA Monthly Stormwater Improvement Meetings PCS and NCSPA MHC Port- Bulk Handling Stormwater Management Action Items: No Flow July 2011 Cleanup around storm drain mats and OF 100 8/25/11 Clean out storm drain for OF 100 9/12/11 Due to high solids, drop -ins inspected and cleaned 10/20/11 Cleaned around drop -ins and reinstalled covers (November sample) 11/01/12 High Tide- No sample taken Dec. 2011 Repaired gutters on A -frame and cleaned 1/21/12 Swept roads 2/21/12 No Flow March 2012 Hired EnviroVac to clean underground drain @OF 200 & part of OF 100 5/16/12 Reattached belt covers on conveyor # 11 5/24/12 Cleaned storm drains 7/04/12 Swept paved surfaces 8/22/12 Repaired broken gutter on concrete A -frame 9/06/12 Hired Roberts Co. to replace conveyer covers and tighten loose covers 9/28/12 Cleaned excess debris from drop -ins and OF 100 10/25/12 Swept paved roads around bulk handling 11/30/12 Sample results within parameters of Benchmark (slack month for shipping) Dec. 2012 Cleaned transfer house #5, adjusted belt wiper, covered one drop -in (NE corner/A-frame) 1/25/13 Uncovered drop -in from prev. month/covered drop -in in front of A -frame entrance 2/22/13 STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Water Quality - Stormwater Permitting Unit Facility Name: Morehead City Bulk Handling Facility Sulfur Project Permit Number: NCS000520 Location Address: 113 Arendell St Morehead City, NC 28557 County: Carteret " 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 "1 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 31 Zt, 1201 -Z.[{ .1y - . K,L- U C,AkSk &k aw,(L e-I Title SPPP Certification 5/09