NC0043974_correspondence_20080220

Michael F. Easley, Governor
William G. Ross Ir., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 20, 2008
Zenobia W. Smallwood, Ed. D.
Superintendent
Public Schools of Gates County
P.O. Box 125
Gatesville, North Carolina 27938
Subject: NPDES PERMITS
Permit Number NC0043974/Buckland Elementary
Permit Number NC0033782/Gatesville Elementary
Permit Number NC0033804/T.S. Cooper Elementary
Permit Number NC0033791/Sunbury Primary
Dear Dr. Smallwood:
On February 6, 2008, I received a call from the ORC, Robert Ewell, Jr. regarding the above -referenced NPDES
permits. These permits were renewed on January 24, 2008. Prior to renewal a draft permit was provided and a cover letter,
which stated:
"Please submit any comments to me no later than thirty (30) days following your receipt of the draft.
Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received
from the public or from you, this permit will likely be issued .. .
During the call with Robert Ewell he explained that a letter was sent in with each of the permit renewal applications.
He also faxed a copy of the letter for review. Unfortunately, that letter was not received with the renewal applications and
therefore not part of the permit file, so the renewals were done without consideration of the requested changes. No
comments were received during the 30-day comment period so the permits were issued.
In order to consider these changes, the permittee must submit a written request for modification of each permit. I
can address a couple of the requests for your consideration:
• Removal of temperature and pH monitoring: these cannot be removed from permits because they are
minimum monitoring requirements per 15A NCAC 2B .0508 (See enclosure).
• Increasing flow: considered a major permit modification (requiring fee, see enclosure). These facilities were
permitted according to the capacity of each plant and according to our rules. Information on the design flow of
each plant would be required to consider increasing flow.
• Dissolved Oxygen: Upon review of the above -referenced permits, the request for removal of Dissolved
Oxygen from NC0033791 and NC0033804. DO cannot be removed, per 15A NCAC 02B .0206 (b)(1) (See
enclosure). Buckland Elementary (NC0043974) should have DO monitoring and may be added at the neat
permit renewal cycle.
If you have any questions or comments you may contact me at [phone], extension 538.
Sincere
Ma een Crawfor
NP ' ES Unit
Enclosures
cc: Central Files
NPDES Files: NC0043974, NC0033804, NC0033782, NC0033791
Washington Regional Office
3rthCaro ina
,Naturaij
North Carolina Division of Water Quality
Internet h2o.enr.state.nc.us
1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
512 N. Salisbury St Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledt10% Post Consumer Paper

The following fees schedule is effective September 1, 2007
Activity I New Permit Application Fee Major:Modification Fee
, _(Category_A) See Notes1,2 ;,,:_ + :.__:/. Annual.Fee _; -See Note 3 ;„f,; r4:`_;41
,Major Individual NPDES Permits
$3,440
$1,030
Minor Individual NPDES Permits
$860
$260
Single Family Residences
$60
$20
Stormwater and Wastewater
Discharge General Permits
$100
Not Applicable
Recycle Systems
$360
$110
Animal Permits (Small Operations)
$60
Not Applicable
Animal Permits (Medium
Operations)
$180
Not Applicable
'Animal Permits (Large Operations)
$360
Not Applicable
Nondischarge Major Permits
$1,310
$395
Nondischarge Minor Permits
$810
$245
Activity -: ! Additional Annual Fee ' ..
(Category B) See Note 1 ..,! ,;<;..; See Note 4 ._;
Project Fee .
.See Note 4 •iz: a1,�,
,,,,
Special Order by Consent — Major I $500
$400
Special Order by Consent — Minor I $250 I
$400
Activity
!: .. (Category:.C) See Note..1 .
Project Fee
% ...i�_ _ , ., .. See Note 5
_ .�
Sewer Extensions
$480
State Stormwater
$505
Water Quality Certifications —
Major
$570
:Water Quality Certifications —
Minor
$240
Petroleum Contaminated Soils
$480
Miscellaneous Activities _ .. Project. Fee
_, _ ,... j
t r
Permit Renewal
No Fee
Authorization to Construct
No Fee
Minor Permit Modification I No Fee
Notes:
1. Refer to definitions page for specific descriptions of each activity category.
2. For new permit requests under activities listed in Category A, a fee equivalent to the
corresponding annual fee is required. This fee is non-refundable if the permit request is
denied. If the permit is granted, this fee applies as the annual fee for the first year after
permit issuance.
3. This fee is non-refundable if the permit request is denied. A major modification shall be
defined as one that increases the volume, increases the pollutant load, results in a
significant relocation of the discharge point, or results in a change in the characteristics of
the waste generated.
4. These fees shall be in addition to the associated annual fee as listed under Category A.
5. This fee is non-refundable if the permit request is denied.
��+ p : //k 20. ehr. sfette. fl(. I7S / IPDCS IFee & k.cr&rt(P

15A NCAC 02B .0206 FLOW DESIGN CRITERIA FOR EFFLUENT LIMITATIONS
(a) Water quality based effluent limitations are developed to allow appropriate frequency and duration of deviations from
water quality standards so that the designated uses of receiving waters are protected. There are water quality standards for a
number of categories of pollutants and to protect a range of water uses. For this reason, the appropriate frequency and duration
of deviations from water quality standards is not the same for all categories of standards. A flow design criterion is used in the
development of water quality based effluent limitations as a simplified means of estimating the acceptable frequency and
duration of deviations. More complex modeling techniques can also be used to set effluent limitations directly based on
frequency and duration criteria published by the U.S. Environmental Protection Agency pursuant to Section 304(a) of the
Federal Clean Water Act as amended. Use of more complex modeling techniques to' set water quality based effluent
limitations will be approved by the Commission or its designee on a case -by -case basis. Flow design criteria to calculate water
quality bascd effluent limitations for categories of water quality standards are listed as follows:
(1) All standards except toxic substances and aesthetics will be protected using the minimum average flow for a
period of seven consecutive days that has an average recurrence of once in ten years (7Q10 flow). Other
governing flow strategies such as varying discharges with the receiving waters ability to assimilate wastes
may be designated by the Commission or its designee on a case -by -case basis if the discharger or permit
applicant provide evidence which establishes to the satisfaction of the Director that the alternative flow
strategies will give equal or better protection for the water quality standards. Better protection for the
standards means that deviations from the standard would be expected less frequently than provided by using
the 7Q10 flow.
(2) Toxic substance standards to protect aquatic life from chronic toxicity will be protected using the 7Q10
flow.
(3) Toxic substance standards to protect human health will be:
(A) The 7Q 10 flow for standards to protect human health through the consumption of water, fish and
shellfish from noncarcinogens;
(B) The mean annual flow to protect human health from carcinogens through the consumption of
water; fish and shellfish unless site specific fish contamination concerns necessitate the use of an
alternative design flow; •
(4) Aesthetic quality will be protected using the minimum average flow for a period of 30 consecutive days that
has an average recurrence of once in two years (30Q2 flow).
(b) In cases where the stream flow is regulated, a minimum daily low flow may be used as a substitute for the 7Q10 flow
except in cases where there are acute toxicity concerns for aquatic life. In the cases where there are acute toxicity concerns, an
alternative low flow such as the instantaneous minimum release may be used on a case -by -case basis.
(c) Flow design criteria are used to develop water quality based effluent limitations and for the design ofwastewater treatment
facilities. Deviations from a specific water quality standard resulting from discharges which are affirmatively demonstrated to
be in compliance with water quality based effluent limitations for that standard will not be a violation pursuant to G.S.
143-215.6 when the actual flow is significantly less than the design flow.
(d) In cases where the 7Q10 flow of the receiving stream is estimated to be zero, water quality based effluent limitations will
be assigned as follows:
(1) Where the 30Q2 flow is estimated to be greater than zero, effluent limitations for new or expanded
(additional) discharges of oxygen consuming waste will be set at BOD5=5 mg/1, NH3-N = 2 mg/1 and DO =
6 mg/I, unless it is determined that these limitations will not protect water quality standards. Requirements
for existing discharges will be determined on a case -by -case basis by the Director. More stringent limits
will be applied in cases where violations of water quality standards are predicted to occur for a new or
expanded discharge with the limits set pursuant to this Rule, or where existing limits are determined to be
inadequate to protect water quality standards.
(2) If the 30Q2 and 7Q 10 flows are both estimated to be zero, no new or expanded (additional) discharge of
oxygen consuming waste will be allowed. Requirements for existing discharges to streams where the 30Q2
and 7Q10 flows are both estimated to be zero will be determined on a case -by -case basis.
(3) Other water quality standards will be protected by requiring the discharge to meet ttie-standards unless the
alternative limitations are determined by the Director to protect the classified water uses.
(e) Receiving water flow statistics will be estimated through consultation with the U.S. Geological Survey. Estimates for any
given location may be based on actual flow data, modeling analyses, or other methods determined to be appropriate by the
Commission or its designee.
NORTH CAROLINA ADMINISTRATIVE CODE
Eft: Mar 1, 2007 Paffe 18

15A NCAC 02B .0508 TESTS AND MEASUREMENTS APPLICABLE TO SICS (EXCERPT)
(a) Determination of Type and Frequency of Tests and Measurements:
(1) Introduction. The tables set forth in this Rule are designed to indicate, for any particular water
pollution control facility or point source, the minimum standard tests and measurements which are
to be performed, the minimum frequency with which the tests and measurements are to be
conducted, and the location and minimum number of sampling points that are required.
(2) Determination of Facility Class and SIC Numbers. Before these tables may be applied, the standard
industrial classification(s) of the activities discharging to the water pollution control facility must
be determined from The Standard Industrial Classification Manual. The classification of the
facility as determined by the Water Pollution Control System Operators Certification Commission,
must also be known.
(b) Modification of Test(s) or Measurement(s) Requirements:
(1) If it is demonstrated to the satisfaction of the Director that any of the tests and measurements,
sampling points, or frequency of sampling requirements, as required in this Rule for a particular
SIC group, are not applicable to the discharge of a particular water pollution control facility, or if
it can be demonstrated that the objectives of this Section can be achieved by other acceptable
means, then such requirements may be waived or modified to the extent that the Director
determines to be appropriate.
(2) In addition to the tests and measurements as listed in this Rule applicable to each of the SIC groups,
persons subject to this Section may be required to perform such additional tests and measurements
at such sampling points and with such frequency as are determined by the Director to be necessary
to adequately monitor constituents of the waste discharge and their effect upon the receiving
waters. This monitoring may include, but not be limited to weekends and holidays as deemed
necessary by the Director to ensure representative sampling and proper operation and maintenance
of any facility.
DOMESTIC WASTEWATER AND OTHER FACILITIES DISCHARGING PRIMARILY DOMESTIC
MINIMUM REQUIREMENTS FOR SIC 4952
EFFLUENT LIMITED
REQUIRED TEST LOCATION FREQUENCY
CLASS CLASS CLASS CLASS
I II III IV
1. pH E 2/month Weekly 3/week Daily
2. Temperature, °C E Weekly Weekly 3/week Daily
3. BOD, 5-day, 20°C I,E 2/month Weekly 3/week Daily
4. TSS I,E 2/month Weekly 3/week Daily
5. Ammonia Nitrogen E Monthly 2/month Weekly 3/week
6. Fecal Coliform E 2/month Weekly 3/week Daily
7. Total Nitrogen E * * * *
8. Total Phosphorus E * * * *
9. Toxics and Toxicity ** ** ** **
WATER QUALITY LIMITED
1. Dissolved Oxygen E Weekly Weekly 3/week Daily
2. Dissolved Oxygen U,D Weekly Weekly 3/week+ 3/week+
3. pH E 2/month Weekly 3/week Daily
4. Temperature, °C E Daily Daily Daily Daily
5. Temperature, °5 U,D Weekly Weekly 3/week+ 3/week+
6. BOD, 5-day, 20°C E,I 2/month Weekly 3/week Daily
7. TSS E,I 2/month Weekly 3/week Daily
8. Ammonia Nitrogen E 2/month Weekly 3/week Daily
9. Residual Chlorine E 2/week 2/week 3/week Daily
10. Fecal Coliform E 2/month Weekly 3/week Daily
11. Fecal Coliform U,D 2/month Weekly 3/week+ 3/week+
12. Conductivity E Weekly Weekly 3/week Daily
13. Conductivity U,D Weekly Weekly 3/week+ 3/week+
14. Total Nitrogen E * * * *
15. Total Phosphorus E * * * *
16. Toxics and Toxicity ** ** ** **