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HomeMy WebLinkAboutNC0003760_Permit (Modification)_20101112NPDES DOCUHENT SCANNING COVER SHEET NPDES Permit: NC0003760 DuPont Kinston facility Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) ' Permit Modification ,_ _ - Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Technical Correction Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: November 12, 2010 This document is printed on reuse paper - ignore any content on the rei erne side ArA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 12, 2010 Mr. Harold Thomas Plant Manager E. I. DuPont - Kinston Plant P. O. Box 800 Kinston, NC 26502-0800 Subject: Issuance of NPDES Permit Modification Permit NC0003760 DuPont - Kinston WWTP Lenoir County Dear Mr. Thomas: In consideration of the Contentnea MSD and DuPont -Kinston s July 1, 2010, joint request for permit modifications, the Division is forwarding herewith the revised NPDES permit for the DuPont - Kinston WWTP. The enclosed pages should be inserted in your permit and the corresponding pages from the previous version discarded. This permit modification 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. The Division received no public comments on the draft permit. The final permit includes the following changes, as proposed in the September 15 draft: • Total Nitrogen (TN) Limits. The facility's nitrogen discharge limit in Condition A.(1.) is decreased from 30,493 lb/yr to 25,493 lb/yr, reflecting the transfer of 5,000 Ib/yr of discharge allocation (3,500 lb/yr as estuary allocation) from the Kinston Plant to the MSD. The new TN limit becomes effective on January 1, 2011. • TN Allocation. Condition A.(7.), Total Nitrogen Allocations, is also revised to reflect the transfer of allocation. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal opportunity \ Affirmative Action Employer NorthCarolina !atiirallJ Mr. Harold Thomas NPDES Permit Modification November 12, 2010 Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. This permit is not transferable except after notice to the Division of Water Quality. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit, please contact Mike Templeton at (919) 807-6402 or at mike.templeton@ncdenr.gov. Sincerely, / Coleen H. Sullins SO( Enclosure: Final permit modification, NC0003760 (cover page through Part I, Page 19) Copies: Mr. Larry Baldwin, Neuse Riverkeeper (via email) Ms. Alissa Bierma, Neuse Riverkeeper (via email) Mr. Haywood Phthisic, Executive Officer, NRCA (via email) Chief, NPDES and Biosolids Permits Section, Region IV, EPA Washington Regional Office, Surface Water Protection Aquatic Toxicology Unit NPDES Files Central Files Permit NC0003760 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER 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, E. I. DUPONT DE NEMOURS AND CO., INC. is hereby authorized to discharge wastewater and stormwater from a facility located at E. I. DUPONT - Kinston Facility 4693 Hwy 11 North Lenoir County to receiving waters designated as Neuse River in the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, ll, III, IV, V, VI, VII, and VIII hereof. The permit shall become effective December 1, 2010. This permit and the authorization to discharge shall expire at midnight on January 31, 2013. Signed this day November 15, 2010. oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission • I� Permit N00003760 • SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. E. I. DUPONT DE NEMOURS AND CO., INC. is hereby authorized to: 1. Continue to operate the existing 3.6 MGD wastewater treatment facility located on NC Highway 11, northeast of Kinston, in Lenoir County; and consisting of: G influent catch basin with "Muffin Monster" solids grinder, n two (2) - one million gallon retention ponds; ▪ one (1) - 3.6 million gallon aeration basin with two (2) 45HP aerators and thirteen (13) 25HP floating aerators, O two (2) - 90 ft. diameter secondary clarifiers, o two (2) sludge return lift stations, • chlorine contact basin (no chlorination), c effluent flow measurement with recorder, o effluent composite sampler n six (6) sand drying beds. 2. Discharge from Outfall 001 said treatment facility treated wastewater, remediated ground water, non -contact cooling water, and stormwater runoff through an effluent diffuser into the Neuse River, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 3: Discharge from Outfall 002 non -contact cooling water, steam condensate, and stormwater.runoff into an unnamed tributary to the Neuse River, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 4. Discharge from Outfall 003 non -contact cooling water, steam condensate, and stormwater runoff into Beaverdam Branch, Class C, NSW waters in the Neuse River Basin, at the location specified on the attached map. 5. Discharge from stormwater Outfall 004 stormwater runoff into an unnamed tributary to Beaverdam Branch, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 6. Discharge from stormwater Outfall 005 stormwater runoff into an unnamed tributary to the Neuse River, Class C, NSW water in the Neuse River Basin, at the location specified on the attached map. 7. .Discharge from stormwater Outfall 006 stormwater runoff, including coal pile stormwater runoff, into an unnamed tributary to the Neuse River, Class C, NSW waters in the Neuse River Basin, at the location specified on the attached map. Discharge Point Outf all 003 Lat. 35° 20' 2.8" N Long. 77° 28' 51.2" W Treatment Facility Lat. 35° 19' 30" N Long. 77° 28' 13.7" W Discharge Point Outfall 002 Lat. 35° 19' 14.9" N Long. 77° 28' 49.3" W Receiving Stream: Stream Classification: River Basin: Sub -Basin: Discharge Point OutfaII001 (Diffuser) Lat. 35° 19? 28.4? N Long. 77° 27? 57.6? W Permit NC0003760 ' A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — OUTFALL 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process wastewater, treated sanitary wastewater, treated cooling water, remediated groundwater, treated steam condensate, treated landfill leachate, stormwater, and non -contact cooling water from Outfall 001 subject to the effluent limitations and monitoring requirements below and in Condition A.(2.) of this permit: fEFFLUE-tiga n t; NS, + MONITORING IR OV RE IIENT r fEFRL�U, ENTV ARA�CTERIS+ !ICS ' - - �- � � � .:-,.--:, � j -� � � ' l 1Dl4Mnr�um`I i ;arent� ' to � � -7--T � :Sampl.�;• - 3 Samp�'e�llnthlyAveg l , `. • �.� r 1 { Flow 3.6 MGD Continuous Recording Effluent Total Monthly Flow (TMF) 1 Monitor & Report, MG Monthly Calculated Effluent BOD, 5-day, 20°C 102.0 lb/day 271.4 lb/day Weekly Composite Effluent Total Suspended Solids (TSS) 169.6 lb/day 550.5 lb/day Weekly Composite Effluent Fecal coliform, #I 100 ml (Geometric mean) Weekly Grab Effluent Fecal coliform, #I100 ml (Geometric mean) (June 1— September 30) 3IWeek Grab Upstream &' Downstream Fecal coliform, #I100 ml (Geometric mean) (October 1 — May 31) Weekly Upstream & Downstream' pH Not more than 9.0 s.u. nor less than 6.0 s.u. Weekly Grab Effluent Dissolved Oxygen (DO) Not less than 2.5 mg/L at approved sampling point Weekly Grab S1 Dissolved Oxygen, mg/L (DO) (June 1— September 30) 3/Week Grab Upstream & Downstream 1 Dissolved Oxygen, mg/L (DO) (October 1 — May 31) Weekly Grab Upstream & Downstream 1 Temperature, °C Weekly Grab Effluent Temperature, °C (June 1— September 30) 3/Week Grab Upstream & Downstream 1 Temperature, °C (October 1 — May 21) Weekly Grab Upstream & Downstream 1 TKN Monitor & Report, mg/L Weekly Composite Effluent NO3-N + NO2-N Monitor & Report, mg/L Weekly Composite Effluent Total Nitrogen, TN 2 Monitor & Report, mg/L Weekly Calculated Effluent TN Load 3'4 Monitor & Report, Ibs/month 30,493 Ib/yr (effective thru 12/31/10) 25,493 Ib/yr (effective 1/1/11) Monthly Annually Annually Calculated Effluent Total Phosphorus (TP) 2.0 mg/L (quarterly average) 5 Weekly Composite Effluent Ammonia Nitrogen, mg/L (NH3-N) Monthly Composite Effluent Acrolein 6 3.80 Ibs/day 3.80 Ibs/day Monthly Composite Effluent Chronic Toxicity 7 Quarterly Composite Effluent See footnotes, next page. Part I, Page 1 of 19 • Permit NC0003760 A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — OUTFALL 001 (Continued) Footnotes: 1) Sample locations: I - Influent, E — Effluent, S1 - Chlorine contact chamber or other approved location, U — Upstream, 100 yard above outfall, D — Downstream, 1 mile below outfall. 2) For a given wastewater sample, TN = TKN + (NO3-N + NO2-N), where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and (NO3-N + NO2-N) are Nitrate and Nitrite Nitrogen, respectively. 3) TN Load is the mass quantity of TN discharged in a given period of time. See Special Condition A.(5.), Calculation of Total Nitrogen Loads. 4) Compliance with this limit shall be determined in accordance with Special Condition A.(6.) of this permit, Annual Limits for Total Nitrogen. 5) The quarterly average for total phosphorus shall be the average of composite samples collected weekly during the calendar quarter (January -March, April -June, July -September, October -December). 6) Monthly monitoring/reporting shall continue with limits taking effect September 1, 2013; see Condition A.(21.). 7) Chronic Toxicity (Ceriodaphnia) P/F at 1.9%; January, April, July, and October; see Condition A.(8.), Chronic Toxicity Permit Limit. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(9.). Part I, Page 2 of 19 Permit NC0003760 A.(2.) ADDITIONAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process wastewater, treated sanitary wastewater, treated cooling water, remediated groundwater, and non -contact cooling water from Ouffall 001 subject to the effluent limitations and monitoring requirements below and in Condition A.(1.) of this permit: ;Pararineter• EFFLLUENTILIMFi A1iIQNS . ; 7MONITORING�REQUIR�EMENi ts. ... ;Mo i-ii Average :(Ibs/day)_ i Wry } 1 `.Nlaxir ytni }, I `�` ? . (fbsldaj}...�_..:... } Valk -ham. ..,-� ., a� axrmum: u i � )� _ r , ; !lVl�easurement 'Frequency c�i iii '....... _j �$ mpleF r s Type; l W `Sam ple ; c t� Locatlon , 4� Bis(2-ethylhexyl) phthalate 0.44 1.18 Quarterly Grab E Methyl Chloride 0.36 0.80 Quarterly Grab E Acenaphthene 0.09 0.25 Annually Grab E Acenaphthylene 0.09 0.25 Annually Grab E Acrylonitrile 0.41 1.02 Annually Grab E Anthracene 0.08 0.25 Annually Grab E Benzene 0.16 0.58 Annually Grab E Carbon Tetrachloride 0.08 0.16 Annually Grab E Chlorobenzene 0.06 0.12 Annually Grab E Chloroethane 0.44 1.13 Annually Grab E Chloroform 0.09 0.20 Annually Grab E 2-Chlorophenol 0.13 0.41 Annually Grab E Di-n-butyl phthalate 0.11 0.24 Annually Grab E 1,2-Dichlorobenzene 0.33 0.69 Annually Grab E 1,3-Dichlorobenzene 0.13 0.19 Annually Grab E 1,4-Dichlorobenzene 0.06 0.12 Annually Grab E 1,1-Dichloroethane 0.09 0.25 Annually Grab E 1,2-Dichloroethane 0.29 0.89 Annually Grab E 1,1-Dichloroethylene 0.07 0.11 Annually Grab E 1,2-trans-Dichloroethylene 0.09 0.23 Annually Grab E 2,4-Dichlorophenol 0.17 0.47 Annually Grab E 1,2-Dichloropropane 0.65 0.97 Annually Grab E 1,3-Dichloropropylene 0.12 0.19 Annually Grab E Diethyl phthalate 0.34 0.86 Annually Grab E 2,4-Dimethylphenol 0.08 0.15 Annually Grab E Dimethyl phthalate 0.08 0.20 Annually Grab E 4,6-Dinitro-o-cresol 0.33 1.17 Annually Grab E 2,4-Dinitrophenol 0.30 0.52 Annually Grab E 2,4-Dinitrotoluene 0.48 1.21 Annually Grab E 2,6-Dinitrotoluene 1.08 2.71 Annually Grab E Ethylbenzene 0.14 0.46 Annually Grab E Fluoranthene 0.11 0.29 Annually Grab E Fluorene 0.09 0.25 Annually Grab E Hexachlorobenzene 0.02 0.12 Annually Grab E Hexachlorobutadiene 0.09 0.21 Annually Grab E Hexachloroethane 0.09 0.23 Annually Grab E Methylene Chloride 0.17 0.38 Annually Grab E Naphthalene 0.09 0.25 Annually Grab E Nitrobenzene 0.11 0.29 Annually Grab E 2-Nitrophenol 0.17 0.29 Annually Grab E 4-Nitrophenol 0.30 0.52 Annually Grab E Phenanthrene 0.09 0.25 Annually Grab E Phenol 0.06 0.11 Annually Grab E Part I, Page 3 of 19 Permit NC0003760 ' ' 'Parameter .. _ _ -.. .,...,.__.. ..r .___ _ .M,,. ' . ' 4 FLUEiitifITATIONS '� I�Tr ,it ` i ' 1MO{ ITORING REQUIREMENVO Monthly ' AYerage0• 1 l.P. 00 -. ._ . .,_ ... tl J!.�i:r. . ' 1Dallyj .. iMa�nmumr Y (lbslda )�. ... S.. . .. tP 11°15' 'Maxi um -,1. }1 i , OVA .... .' i....'�9.. /-. r w Measuer�ent at �regtjency f t L__.�«....�.... . ..�..........-. ...-.._.f :may.: '� tali)) s }--- , iliy�pe ,...i-.+J.....s.-t..-X.-I . ` i , 'Sample: 'Location-li 1 _ ..�1� .-. .....-i Pyrene 0.11 0.28 Annually Grab E Tetrachloroethylene 0.09 0.24 Annually Grab E Toluene 0.11 0.34 Annually Grab E 1,2,4-Trichlorobenzene 0.29 0.59 Annually Grab E 1,1,1-Trichloroethane 0.09 0.23 Annually Grab E 1,1,2-Trichloroethane 0.09 0.23 Annually Grab E Trichloroethylene 0.09 0.23 Annually Grab E Vinyl Chloride 0.44 1.13 Annually Grab E Total PAHs (2) < 0.25 01 8.41 (3) Annually Calculated E Benzo(a)anthracene 0.09 0.25 Annually Grab E 3,4-Benzofluoranthene (4) 0.10 0.26 Annually Grab E Benzo(k)fluoranthene 0.09 0.25 Annually Grab E Benzo(a)pyrene 0.10 0.26 Annually Grab E Chrysene 0.09 0.25 Annually Grab E Dibenz(a,h)anthracene Annually Grab E Indeno(1,2,3-ed)pyrene Annually Grab E Footnotes: 1) Sample location: E - Effluent. 2) In the event that the analysis for any of these parameters equals or exceeds its Practical Quantitation Limit, the monitoring frequency for that parameter shall immediately increase to once per quarter. When 12 consecutive quarterly samples using appropriate laboratory methods do not detect the parameter, the monitoring frequency for that parameter shall immediately return to once per year. Also see Footnote (3). 3) Total PAHs are comprised of Benzo(a)anthracene, Benzo(a)pyrene, 3,4-Benzofluoranthene, Benzo(k)fluoranthene, Chrysene, Dibenz(a,h)anthracene, and Indeno(1,2,3-ed)pyrene. The sum of concentrations of these parameters shall not exceed the stated Total PAH limit. In the event that the monitoring frequency for any of these parameters changes per Footnote (2), the change shall apply to all of the Total PAH parameters. 4) 3,4-Benzofluoranthene is also listed as Benzo(b)fluoranthene. Part I, Page 4 of 19 Permit NC0003760 ' A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 002 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge non -contact cooling water, steam condensate, and stormwater runoff from Outfall 002 subject to the following effluent limitations and monitoring requirements: • EFFLUENTCARACTERISTICS ' EFFL= UEI7AIO - -MONITOR}INGEQUIREMENTS, iMeasurement :Frequency) _ Sample . Ty : Sam to -i ;1Location .monthly, ..Ne.�.T,LM:_�_ ,Averagil+ .LLNS _look i i.M_tiVim`; Flow, MGD Monthly Instantaneous Effluent pH Not greater than 9.0 s.u. nor less than 6.0 s.u. Weekly Grab Effluent Temperature, °C See Footnote 1 Monthly Grab Effluent Total Residual Chlorine (TRC) 17 pg/L 2 Monthly Grab Effluent Total Lead 25 pg/L 33.8 pg/L Monthly Composite Effluent Total Mercury (Method 1631 E) 0.012 pg/L 0.012 pg/L Monthly Composite Effluent Total Silver, pg/L Monthly Composite Effluent Total Zinc, pg/L Monthly Composite Effluent Total Cadmium, pg/L Quarterly Composite Effluent Total Chromium, pg/L Quarterly Composite Effluent Total Copper, pg/L Quarterly Composite Effluent Total Nickel, pg/L Quarterly Composite Effluent Total Selenium, pg/L Quarterly Composite Effluent Total Kjeldahl Nitrogen (TKN) Monitor & Report, mg/L Quarterly Composite Effluent Nitrite/Nitrate Nitrogen (NO2-N + NO3-N) Monitor & Report, mg/L Quarterly Composite Effluent Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Monitor & Report, mg/L Quarterly Calculated Effluent Total Phosphorus (TP) 2.0 mg/L (quarterly average) 3 Quarterly Composite Effluent Footnotes: 1) The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 °C. 2) Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L. 3) The quarterly average for total phosphorus shall be the average of composite samples collected during the calendar quarter (January -March, April -June, July -September, October -December). There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(9.). Part I, Page 5 of 19 Permit NC0003760 A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — OUTFALL 003 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge non -contact cooling water, steam condensate, and stormwater from Outfall 003 subject to the following effluent limitations and monitoring requirements: 1 - ..a ..- ,., _ --, .-, w c U NT;LIhI! S' EFFL ON _ITATI i MON TO ���. R C EME NG,REQ9 � IR NTSa t tEFFLUNT CHARAcTER.1_010) j --, ' _..._ ._ _ 1 - r,, _... , �(IAon��y,�, � r-, —.1 -i •J �• �� � Max i�m� -- , .e � 1,.1 leasurement� � ,Fu _ �.-�� � Sapte� '�[Latif.*.�/Av Y:-",---.. �T e � 1 aio"ti L�oc _ one, �@� Ag Flow, MGD Monthly Instantaneous Effluent pH Not greater than 9.0 s.u. nor less than 6.0 s.u. Weekly Grab Effluent Temperature, °C See Footnote 1 Monthly Grab Effluent Total Residual Chlorine (TRC) 17 pg/L 2 Monthly Grab Effluent Total Lead 25 pg/L 33.8 pg/L Monthly Composite Effluent Total Mercury (Method 1631 E) 0.012 pg/L 0.012 pg/L Monthly Composite Effluent Total Copper, pg/L Monthly Composite Effluent Total Silver, pg/L Monthly Composite Effluent Total Zinc, pg/L Monthly Composite Effluent Total Cadmium, pg/L Quarterly Composite Effluent Total Chromium, pg/L Quarterly Composite Effluent . Total Nickel, pg/L Quarterly Composite Effluent Total Selenium, pg/L Quarterly Composite Effluent Total Kjeldahl Nitrogen (TKN) • Monitor & Report, mg/L Quarterly Composite Effluent Nitrite/Nitrate Nitrogen (NO2-N + NO3-N) Monitor & Report, mg/L Quarterly Composite Effluent Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Monitor & Report, mg/L Quarterly Calculated Effluent Total Phosphorus (TP) 2.0 mg/L (quarterly average) 3 Quarterly Composite Effluent Footnotes: 1) The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 °C. 2) Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/I to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/L. 3) The quarterly average for total phosphorus shall be the average of composite samples collected during the calendar quarter (January -March, April -June, July -September, October -December). There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(9.). Part I, Page 6 of 19 Permit NC0003760 ' A.(5.) CALCULATION OF TOTAL NITROGEN LOADS (a.) The Permittee shall calculate monthly and annual TN Loads as follows: (i.) Monthly TN Load (Ib/mo) = TN x TMF x 8.34 where: TN = the average Total Nitrogen concentration (mg/L) of the composite samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/mo) 8.34 = conversion factor, from (mg/L x MG) to pounds (ii.) Annual TN Load (Ib/yr) = Sum of the 12 Monthly TN Loads for the calendar year (b.) The Permittee shall report monthly Total Nitrogen results (mg/L and Ib/mo) in the discharge monitoring report for that month and shall report each year's annual results (Ib/yr) in the December report for that year. A.(6.) ANNUAL LIMITS FOR TOTAL NITROGEN (a.) Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River basin are annual limits and are applied for the calendar year. (b.) For any given calendar year, the Permittee shall be in compliance with the annual TN Load limit in this Permit if: (i.) the Permittee's annual TN Load is less than or equal to said limit, or (ii.) the Permittee is a Co-Permittee Member of a compliance association. (c.) The TN Load limit in this Permit (if any) may be modified as the result of allowable changes in the Permittee's TN allocation. (i.) Allowable changes include those resulting from purchase of TN allocation from the Wetlands Restoration Fund; purchase, sale, trade, or lease of allocation between the Permittee and other dischargers; regionalization; and other transactions approved by the Division. (ii.) The Permittee may request a modification of the TN Load limit in this Permit to reflect allowable changes in its TN allocation. Upon receipt of timely and proper application, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (iii.) Changes in TN limits become effective on January 1 of the year following permit modification. The Division must receive application no later than August 31 for changes proposed for the following calendar year. (iv.) Application shall be sent to: NCDWQ / NPDES Unit Attn: Neuse River Basin Coordinator Mail Service Center Raleigh, NC 27699-1617 (d.) If the Permittee is a member and co-permittee of an approved compliance association, its TN discharge during that year is governed by that association's group NPDES permit and the TN limits therein. (i.) The Permittee shall be considered a Co-Permittee Member for any given calendar year in which it is identified as such in Appendix A of the association's group NPDES permit. (ii.) Association roster(s) and members' TN allocations will be updated annually and in accordance with state and federal program requirements. (iii.) If the Permittee intends to join or leave a compliance association, the Division must be notified of the proposed action in accordance with the procedures defined in the association's NPDES permit. Part l,Page 7of19 Permit NC0003760 A. (6.) ANNUAL LIMITS FOR TOTAL NITROGEN (Continued) (A) Upon receipt of timely and proper notification, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (B) Membership changes in a compliance association become effective on January 1 of the year following modification of the association's permit. (e.) The TN monitoring and reporting requirements in this Permit remain in effect until expiration of this Permit and are not affected by the Permittee's membership in a compliance association. A.(7.) TOTAL NITROGEN ALLOCATIONS (a.) The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or transferred to the Permittee in accordance with the Neuse River nutrient management rule (T15A NCAC 02B .0234) and the status of each as of permit issuance. For compliance purposes, this table does not supersede any TN limit(s) established elsewhere in this permit or in the NPDES permit of a compliance association of which the Permittee is a Co-Permittee Member. ALLOCATION TYPE SOURCE DATE ALLOCATION AMOUNT (1) STATUS Estuary (Ib/yr) Discharge (Ib/yr) Base Assigned by Rule (T15A NCAC 02B .0234) 12/7/97; 4/1/03 24,635 35,193 Active Decremental Sold to Town of Clayton, NC0025453 8/30/2007 -1,645 -2,350 Deducted (eff. 1/1/10) Decremental Sold to Johnston County, NC0030716 12/21/2007 -1,645 -2,350 Deducted (eff, 1/1/10) Decremental Sold to Contentnea MSD, NC0032077 3/17/2010 -3,500 -5,000 Deducted (eff. 1/1/11) TOTAL (through 12/21/10) 21,345 30,493 Active TOTAL (effective 1/1/11) 17,845 25,493 Active Footnotes: 1. Transport Factor = 70% (b.) Any addition, deletion, or modification of the listed allocation(s) (other than to correct typographical errors) or any change in status of any of the listed allocations shall be considered a major modification of this permit and shall be subject to the public review process afforded such modifications under state and federal rules. Part I, Page 8 of 19 Permit NC0003760' A.(8.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 9.9%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR and all AT Forms submitted. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Part I, Page 9 of 19 Permit NC0003760 A.(9.) BIOCIDES The Permittee shall not use any biocides in its cooling systems except those approved by the Division of Water Quality in conjunction with the permit application. The Permittee shall notify the Director in writing not later than ninety (90) days prior to planned use of any additional biocide which may be toxic to aquatic life, other than those previously reported to the Division. Such notification shall include submittal of a completed Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. A.(10.) INSTREAM MONITORING Instream monitoring requirements in this NPDES permit shall be provisionally waived so long as the Permittee remains a member of the Lower Neuse Basin Association and the Association continues to function as approved by the Division and the Environmental Management Commission. If the Permittee does not participate in the Association or if the Association ceases to function, the instream monitoring requirements in this permit become effective immediately; and the Division may reopen this permit by administrative letter to establish additional instream monitoring requirements it deems necessary to adequately characterize the effects of the discharges on water quality in the receiving stream. A.(11.) NON -DETECTION REPORTING AND DETERMINATION OF COMPLIANCE When pursuant to this permit a pollutant analysis is conducted using an approved analytical protocol with the appropriate minimum detection level and a result of "non -detectable" or "below quantitation limit" is obtained, the Permittee shall record that result as reported. For the purpose of determining compliance with a permit limit for the pollutant, the numerical value of that individual analytical result shall be zero. A.(12.) PRODUCTION MODIFICATIONS Should the facility's idle production become active, or if new production is added, and/or is resold during the permit cycle, the permittee must submit to the Division: 1. proposed process description with impacts to each outfall 2. projected complete plant water balance schematic with impact to each ouffall 3. projected production information. The required information must be provided 180 days prior to the production changes. A permit modification application is required for any production changes to allow evaluation and calculation of modified permit limits. During the next scheduled permit renewal the permittee is to include actual production data based on EPA guidelines. Part I, Page 10 of 19 Permit NC0003760 A.(13.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 004 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater from Ouffall 004 subject to the following monitoring requirements, and requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, for each reported representative stormwater event' at stormwater discharge outfall (SDO). Discharge Characteristics Measurements Freggehcyf2i- a 'Sarin,PIOM,Pe s, f tiSample" 1 Location '1: {I3enclhrnark. ;I Value Total Suspended Solids (TSS) Semi-annual Grab SDO 100 mg/L pH Semi-annual Grab SDO Not less than 6.0 s.u. nor greater than 9.0 s.u. Biological Oxygen Demand (BOD5) Semi-annual Grab SDO 30 mg/L Chemical Oxygen Demand (COD) Semi-annual Grab SDO 120 mg/L Oil & Grease Semi-annual Grab SDO 30 mg/L Total Copper 5 Semi-annual Grab SDO 0.007 mg/L Total Lead 5 Semi-annual Grab SDO 0.03 mg/L Total Silver 5 Semi-annual Grab SDO 0.001 mg/L Total Zinc Semi-annual Grab SDO 0.067 mg/L Mercury (Method 1631 E) Semi-annual Grab SDO See footnote 6 Total Kjeldahl Nitrogen (TKN) Semi-annual Grab SDO 20 mg/L Nitrite and Nitrate Nitrogen (NO2-N + NO3-N) Semi-annual Grab SDO 10 mg/L Total Nitrogen (TN) TN = TKN + (NO2-N + NOs-N) Semi-annual Calculated 30 mg/L Total Phosphorus (TP) Semi-annual Grab SDO 2 mg/L Total Rainfall, inches' Semi-annual Rain gauge Footnotes: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. 4. Sample shall be collected at the SDO unless representative sample status has been granted. 5. Monitoring may be discontinued for the remainder of this permit if the first consecutive 5 sampling results are less than the benchmark value. 6. Any mercury values above 0.012 pg/L shall be reported on the Annual Summary Data Monitoring Report. 7. The Total Rainfall shall be recorded for the reported representative stormwater event and include the total precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge shall be used to provide the required reading. Part I, Page 11 of 19 Permit NC0003760 A.(14.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 005 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater from Outfall 005 subject to the following monitoring requirements, and requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, for each reported representative stormwater event' at stormwater discharge outfall (SDO). Discharge Characteristics Measurement Frequency 2 Sample Type 3 Sample Location 4 Benchmark Value Total Suspended Solids (TSS) Semi-annual Grab SDO 100 mg/L pH Semi-annual Grab SDO Not less than 6.0 s.u. nor greater than 9.0 s.u. Biological Oxygen Demand (BOD5) Semi-annual Grab SDO 30 mg/L Chemical Oxygen Demand (COD) Semi-annual Grab SDO 120 mg/L Oil & Grease Semi-annual Grab SDO 30 mg/L Total Copper 5 Semi-annual Grab SDO 0.007 mg/L Total Lead 5 Semi-annual Grab SDO 0.03 mg/L Total Silver 5 Semi-annual Grab SDO 0.001 mg/L Total Zinc Semi-annual Grab SDO 0.067 mg/L Mercury (Method 1631 E) Semi-annual Grab SDO See footnote 6 Total Kjeldahl Nitrogen (TKN) Semi-annual Grab SDO 20 mg/L Nitrite and Nitrate Nitrigen (NO2-N + NO3-N) Semi-annual Grab SDO 10 mg/L Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Semi-annual Calculated 30 mg/L Total Phosphorus (TP) Semi-annual Grab SDO 2 mg/L Total Rainfall, inches' Semi-annual Rain gauge Footnotes: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. 4. Sample shall be collected at the SDO unless representative sample status has been granted. 5. Monitoring may be discontinued for the remainder of this permit if the first consecutive 5 sampling results are Tess than the benchmark value. 6. Any mercury values above 0.012 pg/L shall be reported on the Annual Summary Data Monitoring Report. 7. The Total Rainfall shall be recorded for the reported representative stormwater event and include the total precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge shall be used to provide the required reading. Part I, Page 12 of 19 Permit NC0003760 ' A.(15.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 006 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge stormwater, which includes coal pile stormwater runoff, from Outfall 006 subject to the following monitoring requirements, and requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, for each reported representative stormwater event' at stormwater discharge outfall (SDO). ..__ .u...:._ ; Dischar 0.Aracteriist�cs . F _ il�leasu�remet _ �•_q �9 S,tnp e T�3 Yp CSaJ L1Lo"ca jBe chr�! !! I IEffluent�Limlt }Dail IMax y� Total Suspended Solids (TSS) Semi-annual Grab SDO 50 mg/L See footnote 5 pH Semi-annual Grab SDO Not Tess than 6.0 s.u. nor greater than 9.0 s.u. See footnote 6 Biological Oxygen Demand (BOD5) Semi-annual Grab SDO 30 mg/L Chemical Oxygen Demand (COD) Semi-annual Grab SDO 120 mg/L Oil & Grease Semi-annual Grab SDO 30 mg/L Total Copper 7 Semi-annual Grab SDO 0.007 mg/L Total Lead 7 Semi-annual Grab SDO 0.03 mg/L Total Silver 7 Semi-annual Grab SDO 0.001 mg/L Total Zinc Semi-annual Grab SDO 0.067 mg/L Mercury (Method 1631 E) Semi-annual Grab SDO See footnote 8 Total Kjeldahl Nitrogen (TKN) Semi-annual Grab SDO 20 mg/L Nitrite and Nitrate Nitrigen (NO2-N + NO3-N) Semi-annual Grab SDO 10 mg/L Total Nitrogen (TN) TN = TKN + (NO2-N + NO3-N) Semi-annual Calculated 30 mg/L Total Phosphorus (TP) Semi-annual Grab SDO 2 mg/L Acrolein Semi-annual Grab SDO Ally! Alcohol Semi-annual Grab SDO 90 pg/L 1,1-biphenyl Semi-annual Grab SDO 180 pg/L Carbon Tetrachloride Semi-annual Grab SDO Chloroform Semi-annual Grab SDO 7 mg/L Cobalt Semi-annual Grab SDO Dibenzofuran 7 Semi-annual Grab SDO 760 pg/L Formaldehyde Semi-annual Grab SDO 0.5 mg/L Methylene Chloride Semi-annual Grab SDO 110 mg/L 2-methylphenol Semi-annual Grab SDO 1 mg/L 4-methylphenol Semi-annual Grab SDO 1 mg/L Propylene Glycol Semi-annual Grab SDO Tetrachloroethylene Semi-annual Grab SDO 1 mg/L Total Rainfall, inches 9 Semi-annual Rain gauge Footnotes: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains'but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. 4. Sample shall be collected at the SDO unless representative sample status has been granted. Part I, Page 13 of 19 Permit NC0003760 A.(15.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - OUTFALL 006 (Continued) 5. If two consecutive samples of Total Suspended Solids (TSS) exceed the benchmark value, the exceeded benchmark values immediately become effluent limits for the remainder of the permit (in addition to Tier 2 monthly sampling). However, if the facility is designed, constructed, and operated to treat the volume of coal pile runoff that is associated with a 10-year, 24-hour rainfall event, any untreated overflow of coal pile runoff from the treatment unit is not subject to the effluent limitation for TSS. 6. If two consecutive samples of pH exceed the maximum / minimum benchmark values, the exceeded benchmark values become effluent limits for the remainder of the permit (in addition to Tier 2 monthly sampling). 7. Monitoring may be discontinued for the remainder of this permit if the first consecutive 5 sampling results are Tess than the benchmark value. 8. Any mercury values above 0.012 pg/L shall be reported on the Annual Summary Data Monitoring Report. 9. The Total Rainfall shall be recorded for the reported representative stormwater event and include the total precipitation accumulated for the duration of the rain event. Either an on -site rain gauge or local rain gauge shall be used to provide the required reading. A.(16.) MONITORING SCHEDULE A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below: F...- 1.v ... .. r-.x' ?�Zk , . MMonifonng periodf k Sarni?). Number . , C�. !r R r �, �= E :, ,ri, `5 M I Year 1 — Period 1 1 October 1, 2009 December 31, 2009 Year 2 — Period 1 2 January 1, 2010 June 30, 2010 Year 2 — Period 2 3 July 1, 2010 December 31, 2010 Year 3 — Period 1 4 January 1, 2010 June 30, 2011 Year 3 — Period 2 5 July 1, 2011 December 31, 2011 Year 4 — Period 1 6 January 1, 2011 June 30, 2012 Year 4 — Period 2 7 July 1, 2012 December 31, 2012 Continue to next scheduled permit renewal Year 5 — Period 1 8 January 1, 2012 June 30, 2013 Year 5 — Period 2 9 July 1, 2013 December 31, 2013 Year 6 — Period 1 10 January 1, 2013 July 31, 2014 • Footnotes: 1. The permittee shall maintain semi-annual monitoring until directed otherwise through subsequent renewed permit or required by SPPP. 2. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Part I, Page 14 of 19 Permit NC0003760 A.(17.) QUALITATIVE STORMWATER MONITORING Qualitative monitoring, a visual inspection of Outfalls 004, 005, 006 stormwater events, shall be performed as specified during any monitoring stormwater event at stormwater discharge outfall (SDO). Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. 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 shall be maintained with the SPPP. " Discharge Chara0461 6•4 I Frequency Monitoring 'Location. Color Semi-annually SDO Odor Semi-annually SDO Clarity Semi-annually SDO Floating Solids Semi-annually SDO Suspended Solids Semi-annually SDO Foam Semi-annually SDO Oil Sheen Semi-annually SDO Erosion in the outfall vicinity Semi-annually SDO Sedimentation in the outfall vicinity Semi-annually SDO Trash or other obvious indicators of stormwater pollution Semi -Annually SDO Footnotes: 1. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. A.(18.) STORMWATER POLLUTION PREVENTION PLAN (SPPP) The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part V, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan 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 water(s) to which the stormwater outfall(s) discharges, 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 point(s) of discharge. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located in a watershed for which a TMDL has been established, and what the parameter(s) 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 which could be expected to be present in the stormwater discharge from each outfall. Part I, Page 15 of 19 Permit NC0003760 A.(18.) STORMWATER POLLUTION PREVENTION PLAN (SPPP) 1. Site Plan (Continued) c. A site map drawn to scale (including a distance legend) showing: 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, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious. d. A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. e. Certification 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 V, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: a. FeasibilityStudy. 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 stormwater. 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, the stormwater management plan shall document the feasibility of diverting the stormwater runoff 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), and 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 years. c. BMP Summary. A listing of site structural and non-structural Best Management Practices (BMP) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and 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 Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) 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 the potential to contaminate stormwater runoff through spills or exposure of Part I, Page 16 of 19 Permit NC0003760 A.(18.) STORMWATER POLLUTION PREVENTION PLAN (SPPP) 3. Spill Prevention and Response Plan (Continued) 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. The program shall list all stormwater control systems, 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. 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 in writing and maintained in the SPPP. 5. 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. Facility personnel (or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. 8. The Director may notify the permittee when the Plan 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 Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 9. 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 required in Part I of this permit. 10. Implementation. The permittee shall implement the Plan. Implementation of the Plan 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 years and made available to the Director or the Director's authorized representative immediately upon request. Part I, Page 17 of 19 Permit NC0003760 A.(19.) BENCHMARK COMPLIANCE AND TIERS The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values. Unless stated otherwise the benchmark values are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). When a benchmark value is exceeded it requires the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in the Tier One and Tier Two program. TierOnei .�., £ •-J F`<_-- l::Sy_ _.:. _, _ :' ..s t, . rx _-. 5 ._ti 3....._..._-_'.E. -..w y_- _,.,,_,f...._ _ `f._..ry- = ,._.. d 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 sample results exceeding the benchmark value. 3. Identify potential and select the specific: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, or to bring concentrations within the benchmark range. 4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan. Include the sample date, the sample value that exceeds its benchmark, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. .,_,-,.-.,....- - ,. .. .' , �..a'har3 ... r:�. ..,.. s.:77 !c• ... �:. �. ...fi s., L[�.. .e...:•. .::.....F ... .....i. t 1: Y F.. < ... .. ..4'.+. s. .. ... s.x.. -, �. ..s .._ s - f .'•' .f"'".'.:�.;r N_}=' .P'i:..'i.... _I. :i.,.. n.''• ,. of •:.. ,.a ��. �T! �� Ad S. gb...�'-•• ..LL,. •..�+3.1.:?•••F:., .::•••x.•.)s.J�a +✓'G.v 3Y .53� .JYJ.ewi..1. Y+.Y...4+--_-.. d+�..cL '' • - ., If: During the term of this permit, the first valid sampling results from two consecutive monitoring periods 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 for all parameters {exceptjnercur,. r) 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 the 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. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. TteT.`_wSitey,x{ r+r 7 %.P)'ral„ Jt' .—j ....- i``r ..yg` '"•S, r i .i: tY t Yy,..f s.as If: During the term, of this permit, 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; Then: The permittee shall: 1. Notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth results. 2. DWQ may but is not limited to require the permittee to: o revise, increase, or decrease the monitoring frequency for the remainder of the permit; D install structural stormwater controls; o implement other stormwater control measures; or o implement site modifications to qualify for the No Exposure Exclusion. If a Total Maximum Daily Load (TMDL) for mercury is approved for this segment of the Neuse River, the permittee may be required to monitor mercury more frequently. The Division will evaluate the monitoring results to determine whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If the Division determines additional BMPs are needed, the permittee will be notified and required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention Plan. Part I, Page 18 of 19 Permit NC0003760 A.(20.) MONITORING REQUIREMENTS FOR ON -SITE VEHICLE MAINTENANCE Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month, averaged over the calendar year, shall monitoring as specified additional discharge characteristics in any stormwater outfall that contains a vehicle maintenance area stomiwater runoff. All monitoring shall be performed during a representative storm event 1 at storm water outfall (SDO) and shall meet requirements in Special Condition A.(19.) Benchmark Compliance and Tiers, ,Discharge: C, h'araa teristics __ __ .1 : Measurement i iFrequsnc /2.. l ; Sample i T�pei3 i ;Benchmark U i e j Sample. j tLocation14 Total Petroleum Hydrocarbons (TPH) semi-annual Grab 15 mg/L SDO New Motor Oil Usage, gallons /month semi-annual Estimate Footnotes: 1. A representative stormwater event is a storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain producing a discharge begins within 10 hours. 2. Semi-annual means two times a year. See Special Condition A.(16.) Monitoring Schedule. 3. Grab samples shall be collected within the first 30 minutes of flow at the SDO. If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge from the pond. 4. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. A.(21.) ACROLEIN COMPLIANCE SCHEDULE To allow the Permittee to isolate the source, evaluate the best process change or treatment method, and then implement the necessary action, acrolein limits will take effect September 1, 2013. The Permittee must complete each milestone and submit a written status report on the milestone date. Non -submittal by the milestone date will be considered out of compliance and subject to enforcement action. 1) MILESTONE 1- COMPLETION OF THE EVALUATION PROCESS — December 1, 2011 Permittee completed generation of process wastewater data for acrolein for all Process and Waste treatment Plant operating conditions, defined potential options to assure consistent compliance with discharge limits, and selected the most appropriate option for further evaluation. 2) MILESTONE 2 - COMPLETION OF DESIGN AND OTHER PERMITTING — September 1, 2012 Permittee conducted detail engineering evaluation and engineering design of the selected option. If selected option requires any wastewater plant upgrades then Permittee to seek State approval for implementation. 3) MILESTONE 3 - COMPLETION AND START UP — IN COMPLIANCE — September 1, 2013 Permittee procured equipment for needed upgrades, installed equipment, completed start-up and debugging of new equipment/process. Acrolein limits are enforced. Reports to include owner's name, NPDES permit number, and Permittee contact person. Reports to be remitted to: (1) NCDENR Ron Berry 1617 Mail Service Center Raleigh, NC 27699-1617 (2) NCDENR/Surface Water Protection Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Part I, Page 19 of 19 Weaver, Charles From: Templeton, Mike Sent: Monday, December 20, 2010 10:07 AM To: Weaver, Charles Subject: FW: NC0003760-DuPont Kingston and NC0032077-Contentnea MSD Charles - Mike T Here is EPA's acceptance of the DuPont and Contentnea MSD permit mods. Original Message From: Myers.Pamala@epamail.epa.gov (mailto:Myers.PamalaPepamail.epa.govj Sent: Monday, October 04, 2010 4:47 PM To: Templeton, Mike Subject: NC0003760-DuPont Kingston and NC0032077-Contentnea MSD Mr. Templeton (Mike), Marshall Hyatt transferred these 2 permits to me when the change of oversight was made a couple of weeks ago. The intentions of NCDENR to modify these permits (NC0003760-DuPont Kingston and NC0032077-Contentnea MSD) to reflect the transfer of total nitrogen allocation from DuPont -Kingston to the MSD seems clear and concise. EPA Region 4 has no comments pertaining to that matter. The other revisions to the Contentnea MSD WWTP permit to update the Effluent Limitations and Monitoring Requirements also seems appropriate. Please proceed with issuing these permits as your scheduling allows, and please forward a copy of the final, signed and dated permits to me when they become available. Electronic copies are welcomed. Thank you, Pamala Myers 404.562.9421 myers.pamala_ epa.gov Environmental Engineer and Technical Advisor I Pollution Control and Implementation Branch Water Protection Division I Municipal and Industrial NPDES Section U.S. EPA, Region 4 1 61 Forsyth St. SW Atlanta, GA 30303 1 . NPDES Permit Fact Sheet —11 /12/10 Page .1 of 2 • NCDENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT E.I. DuPont de Nemours (Formerly UNIFI) NC0003760 Version: November 12, 2010, Final Permit Facility Information Applicant/Facility Name: E.I. DuPont — Kinston Plant Applicant Address: P. O. Box 800; Kinston, NC 28502-0800 Facility Address: 4693 Highway 11 North; Kinston, NC 38501 Type of Waste: Industrial treated wastewater (See outfall description) Facility/Permit Status: Class IV - Biological/Active; Modification County: Lenoir County Receiving Stream: Neuse River Stream Classification: C, NSW _ Subbasin: 03-04-05 Index No. 27-(75.7) Drainage Area (mi2): 2,552 303(d) Listed? Yes (TMDL completed) Summer 7Q10 (cfs) 283.1 Regional Office: Washington Winter 7Q10 (cfs): 291.6 State Grid / USGS Quad: F29SW Grifton, NC 30Q2 (cfs) - Permit Writers: Mike Templeton Average Flow (cfs): 1,514 Date: 9/15/10 Outfall 1: Treated process wastewater, treated sanitary wastewater, treated landfill leachate, treated steam condensate, remediation ground water, non -contact cooling water, treated cooling water, storm water* Receiving Stream: Neuse River Stream Classification: C, NSW Permitted Flow 3.6 MGD IWC (%): 1.9% Outfall 2: Non -contact cooling water, steam condensate, storm water* Receiving Stream: UT to Neuse River Stream Classification: C, NSW (no stream flow) Outfall 3: Non -contact cooling water, steam condensate, storm water* Receiving Stream: UT to Neuse River Stream Classification: C, NSW (no stream flow) Outfall 4, Outfall 5, Outfall 6: Storm water* Receiving Stream: UT to Neuse River Stream Classification: C, NSW (no stream flow) I. PROPOSED PERMIT ACTION The Contentnea MSD and DuPont -Kinston Plant requested modification of their respective NPDES Permits NC0030716 and NC0003760 to reflect the transfer of nitrogen allocation from the Kinston Plant to the MSD. The Division made a tentative determination to modify the permits as requested. II. BACKGROUND The DuPont -Kinston Plant WWTP is located in Lenoir County in the Neuse River basin and was assigned Total Nitrogen (TN) allocation under the Neuse River Basin Nutrient Management Strategy rule for Wastewater Discharges (T15A NCAC 02B .0234), or "the Neuse rule." In 2007, the previous owner, UNIFI-Kinston, sold the MSD an option to purchase up to 5,000 Ib/yr of discharge allocation (3,500 Ib/yr as estuary allocation). On March 17, 2010, the MSD purchased the entire amount. The MSD and the Kinston Plant are both located in the 70% transport zone of the Neuse River basin. Thus, both the estuary and discharge allocations transfer from one facility to the other on a pound -for -pound basis. NPDES Permit Fact Sheet — 9/15/10 Page 2 of 2 NC0003760 The following table summarizes the allocations held by the Kinston Plant: ALLOCATION TYPE: SOURCE ,CAPTION AMOUNT T. E, I DA EstUa y (Ib/fir.,) Discharge. (Ib/yr) :;STATUS' Base Assigned by Rule (T15A NCAC 02B .0234) 12/7/97; 4/1/03 24,635 35,193 Active Decremental Sold to Town of Clayton, NC0025453 8/30/2007 -1,645 -2,350 Deducted (eff. 1/1/10) Decremental Sold to Johnston County, NC0030716 12/21/2007 -1,645 -2,350 Deducted (eff. 1/1/10) Decremental Sold to Contentnea MSD, NC0032077 3/17/2010 -3,500 -5,000 Deducted (eff. 1/1/11) TOTAL (through 12/21/10) 21,345 30,493 Active TOTAL (effective 1/1/11) 17,845 25,493 Active The transfer would reduce the Plant's TN discharge allocation to 25,493 Ib/yr (17,845 Ib/yr as estuary allocation). In 2009, the Plant discharged 5,040 Ib of nitrogen, and from mid-2009 to mid-2010 it discharged 4,780 Ib. The low loadings are due in large part to the fact that production at the facility has been minimal since DuPont resumed ownership. The company will limit future production as necessary to ensure it does not exceed the remaining allocation. III. DESCRIPTION OF PERMIT CHANGES The draft permit includes the following changes: • Total Nitrogen (TN) Limits. The facility's nitrogen discharge limit in Condition A.(1.) is decreased from 30,493 Ib/yr to 25,493 Ib/yr. The proposed change in the TN limit would become effective on January 1, 2011, that is, at the beginning of the upcoming calendar year. • TN Allocation. Condition A.(7.), Total Nitrogen Allocations, is also revised to reflect the transfer of allocation. PUBLIC COMMENTS The Division published notice once each in The Daily Reflector (Pitt County) on September 17, 2010, and in the Goldsboro News-Argus (Wayne County) on September 22, 2010, inviting public comment on the draft permits. No comments were received except for EPARegion IV's concurrence with the proposed modifications. FINAL ACTION The Division is issuing the permits as proposed, with the following dates: Permit Mod. Issuance: November 15, 2010 Permit Mod. Effective: December 1, 2010 Permit Expires: May 31, 2013 - end of fact sheet - NORTH CAROLINA WAYNE COUNTY. AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, Teresa Bozeman personally appeared who being first duly sworn, deposes and says: that he (she) is Legal Clerk (Publisher, or other officer or employee authorized to make affidavit) of WAYNE PRINTING COMPANY, INC., engaged in the publication of a newspaper known as GOLDSBORO NEWS-ARGUS, published, issued, and entered as second class mail in the city of Goldsboro in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in GOLDSBORO NEWS-ARGUS on the following dates: September 22, 2010 and that the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each, and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This 25 day of October �� 10 teta ei. 1� a (Signature of person making at4i davit) 25th Sworn to and subscribed before me, this day of My Com*iission expires: 10 CLIPPING OF LEGAL ADVERTISEMENT ATTACHED HERE PUBLIC NOTICE STATE OF NORTH ENVIRONMENTAL UNA MANAGEMENT COMMISSION/ MAIL SERVIES UNIT CE CTR RALEIGH, NC 27699-1617 NOTIFlM00ON OF INTENT TO IFYWASTEWATER PERMITS IN THE NEUSE RIVER BASIN On the basis of through staff review and application of NC General Statute 143.21, Public Law 92-500, and other lawful standards and regula- tions, the North Carolina Envi- ronmental Commission pro- poses to modify National Pol- lutant Discharge Elimination System (NPDES) wastewater disChrge perMits to the per- sons listted below effet ve 45 days from the publish date of this notice. The purpose of these modi- fications is to modify Total Ni- trogen discharge limits in ac- cordance with the Neuse River Basin NutrieMn t Manage- ment Strategy: r Discharge Requirements, T15A NCAC 02B .0234. The two (2) affected facilities dis- charge treated wastewater in the Neuse River Basin: NPDES Permit No. NC0003760, E.I. DuPont de Nemours Co, DuPont -Kinston WWTP, dis- charging to Neuse River in NPDEn Lenoir County; and Permit No. NC0032077, Con- MSD WWTP, discharging to Contentnea Creek in Pitt County. Written comments regard- ing the proposed permit will be accepted until 30 days af- ter the publish date of this notice. All comments received prior to that date are consid- ered in the final determina- tions posed perm ts. The Director of the NC Division of Water Quality may decide to hold a public meeting for the proposed per- mits should the Division re- ceive a significant degree of public Interest. Copies of the draftt and other supporting informa- tion on file used to determine conditions present in the draft permits are available upon request and payment of the costs of reproduction. Main comments and/or requests for information to the NC Divi- sion of Water Quality at the above address or call Ms. Dina Sprinkle at (919) 807-6304. Please include the NPDES permit number (at- tached) In any communica- tion. Interested persons may also visit the Division of Wa- ter Quality at 512 N. Salisbury Street, Raleigh, NC 27604-1148 between the hours of 8:00am and 5:00pm to review Information on tile. Legal 764 September 22, 2010 0 PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION/ NPDES UNIT 1617 MAIL SERVICE CENTER R.ALEIGH, NC 27699-1617 NOTIFICATION OF INTENT TO MODIFY NPDES WASTEWATER PERMITS IN THE NEUSE RIVER BASIN On the basis of through staff review and application of NC General Statute 143.21, Public Law 92-500, and other lawful standards and regulations, the North Carolina Environmental Commission proposes to modify National Pollutant Discharge Elimination System (NPDES) wastewater discharge permits to the persons listed below effective 45 days from the publish date of this notice. The purpose of these modifications is to modify Total Nitrogen discharge limits in accordance with the Neuse River Basin Nutrient Management Strategy: Wastewater Discharge Requirements, T15A NCAC 02B .0234. The two (2) affected facilities discharge treated wastewater in the Neuse River Basin: NPDES Permit No. NC0003760, E.I. DuPont de Nemours Co, Inc. — DuPont -Kinston WWTP, discharging to Neuse River in Lenoir County; and NPDES Permit No. NC0032077, Contentnea MSD - Contentnea MSD WWTP, discharging to Contentnea Creek in Pitt County. Written comments regarding the proposed permit will be accepted until 30 days after the publish date of this notice. All comments received prior to that date are considered in the final determinations regarding the proposed permits. The Director of the NC Division of Water Quality may decide to hold a public meeting for the proposed permits should the Division receive a significant degree of public interest. Copies of the draft permit and other supporting information on file used to determine conditions present in the draft permits are available upon request and payment of the costs of reproduction. Main comments and/or requests for information to the NC Division of Water Quality at the above address or call Ms. Dina Sprinkle at (919) 807-6304. Please include the NPDES permit number (attached) in any communication. Interested persons may also visit the Division of Water Quality at 512 N. Salisbury Street, Raleigh, NC 27604-1148 between the hours of 8:OOam and 5:00pm to review information on file. • eorde,nzeze,a metzoo OIi1aii cezvezage �kjtiu CMSD POST OFFICE BOX 477 GRIFTON, NORTH CAROLINA 28530 CHARLES M. SMITHWICK, JR. DISTRICT MANAGER July 1, 2010 Mr. Mike Templeton NCDENR Surffcle Water Protection 1601 Mail Service Center Raleigh, NC 27699-16.2'fr? Re: NPDES Permit Modification Contentnea Metropolitan Sewerage District (NC0032077) Dupont -Kinston, Inc. (NC0003760) Dear Mr. Templeton: On March 17, 2010 the Contentnea Metropolitan Sewerage District and Unifi Kinston entered into an agreement in which 3,500 pounds, at the Estuary, of annual mass loading limit for total nitrogen would be sold. Under the agreement, the Contentnea Metropolitan Sewerage District purchased said Total Nitrogen Allocation from Unifi Kinston for a purchase price of $1,400,000. An Asset Purchase and Sale Agreement between DuPont and Unifi dated February 29, 2008 conferred to Unifi the right to sell the Offered TN Allocation and to keep the sales proceeds. Please find attached Bill of Sale which addresses this matter. By authority of this letter, the Contentnea Metropolitan Sewerage District and DuPont -Kinston are requesting that their respective NPDES permits be modified to reflect this transaction. It is requested that NPDES Permit NC0032077 (Contentnea Metropolitan Sewerage District) be increased 3,500 pounds at the Estuary and NPDES Permit NC0003760 (DuPont -Kinston) be decreased 3,500 pounds at the Estuary. If you have any questions or comments, please contact me at 252-524-5584 or cmsd100@embarqmail.com. Thank you for your assistance concerning this matter. Sincerely, f, • Charles M. Smithwick, Jr. District Manager, CMSD Enclosure Harold Thomas Plant Manager, DuPont Kinston 0 BILL OF SALE THIS BILL OF SALE is executed and delivered as of March 17, 2010 by E. I: du Pont de Nemours and Company, a Delaware corporation (referred to herein as "DuPont"), in favor of the CONTENTNEA METROPOLITAN SEWER DISTRICT, a body politic and corporate organized under and by virtue of the laws of the State of North Carolina ("CMSD"). Introductory Statement CMSD and Unifi Kinston, LLC ("UK") are parties to that certain Agreement of Purchase and Sale dated February 3, 2010 (the "APS"), in which UK represents that it is entitled to, and agrees to sell, convey and transfer UK's Offered TN Allocation as that term is defined in the APS and in Exhibit A to this Bill of. Sale to CMSD. DuPont is the owner of the Offered TN Allocation and has executed this Bill of Sale in compliance with its obligation to UK under section 12.5 of an Asset Purchase and Sale Agreement between DuPont and UK dated February 29, 2008, by which DuPont conferred to UK the right to sell the Offered TN Allocation and to keep the sales proceeds. NOW THEREFORE, for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: 1. Conveyance. DuPont hereby sells, transfers, conveys, assigns and delivers to CMSD all of DuPont's right, title 'and interest in the Offered TN Allocation free and clear of all liabilities, obligations, liens, security interests and encumbrances whatsoever, subject, however, to any restrictions or limitations imposed by the North Carolina Department of Environment and Natural Resources. 2. Further Assurances. UK and/or DuPont, as applicable, from time to time after the delivery of this Bill of Sale, at the reasonable request of CMSD, but at no cost to UK or DuPont, promptly will take such further action and execute and deliver such additional assignments, bills of sale, consents or other similar instruments as CMSD may reasonably deem necessary to complete the transfer of the title or possession of the Offered TN Allocation to, or vest it in, CMSD. 3. Rights to Sales Proceeds. DuPont acknowledges that UK is entitled to the proceeds from the sale of the Offered TN Allocation. 4. Successors and Assigns. The provisions of this Bill of Sale are binding upon DuPont, its successors and assigns, and are for the benefit of CMSD, its successors and assigns, and all rights hereby granted to CMSD may be exercised by CMSD, its successors or assigns. DuPont hereby executes and delivers this Bill of Sale as of the date first above written. E. - Po t ;L Nemours and Company B• - Nameohn P. Ranieri Title: ice President and General Manager .DuPont Applied BioSciences-BioMaterials RALEIGH 621828v2 EXHIBIT A The Offered TN Allocation: 3,500 pounds, at the Estuary, of annual mass loading limit for total nitrogen, afforded pursuant to the Neuse River Basin Nutrient Sensitive Waste Management Strategy: Wastewater Discharge Requirements adopted in 15A NCAC 2B.0234. RALEIGH 620645v1