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HomeMy WebLinkAboutGeneral Comments from US FWS QPP�MENT OF lye' FTs sc�� tip United States Department of the Interior o 9 ' FISH AND WILDLIFE SERVICE �9RCH 3 Asheville Field Office 160 Zillicoa Street Suite B Asheville,North Carolina 28801 April28, 2021 Ms. Alaina Morman North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh,North Carolina 27699 Dear Ms. Morman: Subject: Comments on National Pollution Discharge Elimination System Program(NPDES) General Industrial Stormwater Permit Draft Renewals for NCG02,NCG03,NCG06, NCG08,NCG09,NCG10,NCG12, and NCG19 by the North Carolina Stormwater Program. On April 1, 2021, we received (via email) your information requesting our comments on the subject permit renewals. We have reviewed the information that you presented and the following comments are provided in accordance with the provisions of the National Environmental Policy Act(42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended(16 U.S.C. 661 - 667e); and section 7 of the Endangered Species Act of 1973, as amended(16 U.S.C. 1531 - 1543) (Act). Proiect Description According to the information provided,North Carolina(NC) has 21 General Industrial Permits (GIPs) that address industrial stormwater point-source discharge from facilities to waters of the U.S. Industries that are eligible for one of the GIPs are issued a Certificate of Coverage (COC). Each facility's COC contains the same requirements as other facilities covered under the same permit. GIPs are renewed every 5 years and the NC Stormwater Program has the following GIPs up for renewal in 2021: NCG02 (mining),NCG03 (metal fabrication),NCG06 (food and kindred),NCG08 (transit and transportation),NCG09 (paints and varnishes),NCG10 (used motor vehicles),NCG12 (landfills), and NCG19 (marinas and shipbuilding). Federally Listed Species The permit renewals proposed are associate with stormwater discharges in multiple NC counties that have occurrence records of federally listed and at-risk species. Of special interest are waterbodies receiving stormwater discharge that support listed aquatic species and their habitat. Below is a list of the federally endangered and threatened species, and at-risk species known from the U.S. Fish and Wildlife Service's (Service)Asheville Ecological Services Field Office (Asheville ES) work area for which we have concern. Ms. Morman—DEQ 2 Species Status' Appalachian elktoe Alasmidonta raveneliana E Atlantic pigtoe Fusconaia masoni PT Carolina heels litter Lasmi ona decorata E Cumberland bean Villosa trabalis E Green floater Lasmi ona subviridis ARS James s in mussel Pleurobema collina E Little-wing pearlymussel Pe ias abula E Oran efin madtom Noturus gilberti ARS Roanoke logperch Percina rex E S otfin chub Erimonax monachus T Tan riffleshell E ioblasma orentina walkeri E Tennessee heels litter I Lasmi ona holstonia ARS ' E=endangered, T=threatened, PT=proposed threatened, and ARS = at-risk species. Designated critical habitats for Appalachian elktoe, Carolina heelsplitter, and spotfin chub also occur in the Asheville ES work area. Under the Clean Water Act, the Environmental Protection Agency authorizes the NPDES permit program to state governments, enabling them to perform many of the permitting, administrative, and enforcement aspects of the NPDES program. In accordance with section 7(a)(2) of the Act and 50 CFR Part 402.01, before any federal authorization/permits or funding can be issued, it is the responsibility of the appropriate federal regulatory/permitting and/or funding agency(ies) to determine whether the project may affect any federally endangered or threatened species (listed species) or designated critical habitat. We are concerned about potential direct, indirect, and cumulative impacts to the species listed above and their designated critical habitats should the GIN be renewed as proposed. The proposed NPDES permit renewals could result in take and adverse modification of designated critical habitat by allowing stormwater discharges into waterways that support the species. Activities causing take and/or adverse modification would require an incidental take permit under the Act. Adverse modification is any"direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species." Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features. We recommend that prior to issuance of a COC, the NC Stormwater Program review projects for potential impacts to federally listed species and critical habitat. Official lists identifying species and critical habitats present in the county where a COC would be issued can be accessed at the Service's Information for Planning and Consultation(IPaQ website: https:llecos f vs.govlipacl. Ms. Morman—DEQ 3 If it is determined that this project may affect any listed species or designated critical habitat, you and the federal action agency must initiate section 7 consultation with this office. General Comments and Recommendations If allowable limits of pollutants, in the permit renewals, are higher than the EPA's recommended aquatic life criteria,we request that the permits be amended to comply with the EPA's published criteria(https:llwww.epa.govlwgclnational-recommended-water-quality-criteria-aquatic-life- criteria-table). In some cases, the EPA-recommended limits are higher than concentrations where negative effects to aquatic species have been demonstrated, and allowable limits lower than the EPA standard would be preferable. The Service is also concerned about the proposed quarterly monitoring schedule outlined in the draft permits, especially draft permits with discharge characteristics that have daily maximum limits. Several of the draft permits state: "Note that for a quarterly sampling schedule, the sample result counts as both the Daily Maximum and Monthly Average value." We are concerned that the proposed quarterly monitoring schedule for discharge characteristics is not frequent enough to determine a monthly average or accurately characterize a daily limitation and may overlook departures from daily maximum limits that are biologically significant for the survival of federally listed species. We request that,where endangered, threatened and at risk species are present, the permit conditions provide for more frequent monitoring of discharge to ensure that daily limits are not exceeded. "Measurable storm event" is defined in the GIPS as "a storm event that results in an actual discharge from the permitted site outfall". However, permits place the following condition on the definition: a measurable storm event "occurs at least 72 hours after the previous measurable storm event unless the permittee can document shorter intervals that may be representative for local storm events". This places the decision for increased monitoring on the permittee and not the regulator. The Service recommends that monitoring occur whenever a measurable storm event meets the unconditioned definition outlined in GIPS regardless of interval and number of hours passed. The GIP fact sheets note: "Total Toxic Organics (TTO) has been removed. Review of several of the facilities with NCG10 permits indicated that only about seven percent of the facilities are conducting TTO monitoring. The others certify that they implement a Solvent Management Plan and this allows the TTO monitoring requirement to be waived. Implementation of the Solvent Management Plan is now required." TTO results offer a summation of values and this along with pH and any metal alloy provide early results for potential violation. The lack of participation in facilities conducting TTO monitoring should not be reasoning to remove this monitoring effort. Despite Chemical Oxygen Demand being added to monitoring requirements, the Service recommends retaining TTO requirements. The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of our staff at rebekah_reid@fws.gov, if you have any questions. In any future correspondence concerning this project,please reference our Log Number 4-2-21-199. Ms. Morman—DEQ 4 Sincerely, J �� M I ZZ I Digitally signed by JANET MIZZI Date:2021.04.28 10:3 9:53 -04'00' Janet A. Mizzi Field Supervisor