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NCS000173_HISTORICAL WITH APPLICATION_20160721 (2)
PAT MCCRORY 4 .? Governor 7 DONALD R. VAN DER VAART S—e-U Energy,Mineral and Land Resources TRACY DAVIS ENVN10NMENTAL QUALITY Direew STAFF REVIEW AND EVALUATION ~ . NPDES Stormwater Permit JUL ? 12016 Regional Office: WiRO_; I .. Owner/Company: NC State Ports Authority Facility Name: Morehead City Terminal NPDES Permit Number: NCS000173 Expiration Date: June 30, 2013 Facility Location: 113 Arendell Street, Morehead City, NC (Carteret County) Type of Activity: Shipping port SIC Code or Description: 4491 Receiving Streams: Newport River-- Restricted Area/Morehead City Harbor and Bogue Sound/Harbor Channel (index no. 21-31) River Basin: White Oak River Basin,Sub-basin 03-05-03 Stream Classification: SC Proposed Permit Requirements: See attached draft permit_ Response Requested by(Date): August 19,20t6� Central Office Staff Contact: Bethany Georgoulias,(919) 807-6372 Central Office Review Summary: 1. Special Issues: • This area of Newport River is not impaired; however, the section of Bogue Sound contiguous to this receiving waterbody segment is classified SA; HWQ and also impaired. Those shellfishing waters are impaired from fecal contamination (2014 Integrated Report Map Viewer) and mercury(statewide TMDL in place to address that). • Central Office requests guidance from WiRO on whether representative outfall status should be revisited and whether the currently monitored outfalls are appropriate. Permit specified outfalls 302,402,506A1, 506B1, 510,803,and 907._ r-. r_ ._� �- - . _ Based on submitted data,permlttee Is inonitoring outfall 301 instead`�of302 is ttl s a better sample point? Please advise._ - _ al influences-ma 'presentherited with challenn iate• Tid y m gt samples? CO requests WiRO guidance on what other strategies might assist permittee in sampling efforts. Statc of North Carofina I Environmental Quality I Energy,Mineral aad land Resources 1612 Mail Service Center 1 512 N.Salisbury SL I Raleigh NC 27699 919 707 9200 T NCS000173 - Staff Report Request 2016 ' Old AviationTerminal AVT site at Radio lsland did not reviousi have Dint source (A VT) P Y P i i discharges of stormwater and was not under this.permit Could the WiRO confirm whether this is still the case,or whether this permit should include that area? 2. Changes at the facility since previous permit: o Owner affiliation and Facility Contact have been changed (updated in BIMS. o Wood products,logs,and woodchips have become the prevalent commodity stored outdoors. Grate inlet protection devices installed to reduce debris in stormwater system. 3. Receiving Waters: This area of Newport River is not impaired; however,the section of Bogue Sound contiguous to this receiving waterbody segment is classified SA; HWQ(more sensitive) high quality waters). Those shellfishing waters are also listed as impaired because of fecal contamination (2014 Integrated Report)and mercury (a statewide TMDL in place to address this parameter). 4. Threatened and Endangered Species: No aquatic species noted in the Port Area,although a reptile (Diamondback Terrapin) with State Status of"special concern" is within this area. The federally endangered Atlantic Sturgeon fish (State Status"special concern") is located within one-mile of the Port area [Natural Heritage Data Explorer map query on July 18,2016]. 5. Analy1ical and or Qualitative monitoring during his a ermit le: See application for summary. Sample results from two dates (10/2012 and 6/2010)were provided,as well as one additional sample for Outfai1402 (8/2012). Example qualitative monitoring results were included for several other outfalls that have to be observed routinely. o COD and TSS exceedances recorded at outfall 402. TSS was slightly over benchmark (102 mg/1),and COD was 294 mg/l (8/2012). A sample later that same year(10/2012) showed levels well below benchmarks. No information about potential sources or problems was included. Visual monitoring form for 10/2012 observation at 402 notes Tier Two monitoring. o A COD exceedance (143 mg/1)at outfall 506B1 recorded in 6/2010. Visual observation that day only noted "Few organic particles." No other information about potential sources or problems was included. o Total Phosphorus(TP) levels at 803 and 506A1 have been below benchmarks; however,"the sample at 803 in 2012 was very close to the benchmark value of 2 mg/l (1.93 mg/1). Draft permit maintains TP monitoring at both outfalls. Does the WiRO concur or advise differently? o Oil&Grease values were typically<5 mg/I;the revised non-polar O&G (1664 SGT-HEM Method) benchmark of 15 mg/l should not be a problem. 6. Rationale for monitoring parameters: See above, attached staff report from previous permit cycle,and copy of final issuance letter in 2008. 7. Permit, Facility.and Owner C=acts updates: ® Confirmed contact information with permittee and updated BIMS if necessary. ® Obtained e-mail addresses for permit contact and updated BIMS. 8. Annual Fees: ® Confirmed in BIMS that permittee does not owe fees. State of North Carolina I Environmental Quality I Energy,Minersi and land Resources 1612 Mail Service Center 1 512 N.Salisbury St. I Raleigh NC 27699 919 707 9200 T E NCS000173 —Staff Report Request 2016 Recommendations: Based on the documents reviewed,the application information submitted on March 26, 2013 is sufficient to issue an Individual NPDES Stormwater Permit. Central Office recommends reissuance of this permit with the same monitoring as the previous cycle, except for the revision of"Oil&Grease" to specifically Non-polar Oil&Grease via the 1664 (SGT-HEM) test method along with the corresponding standard benchmark of 15 mg/l (change from 0&G 30 mg/l benchmark in the last permit). The draft permit replaces "Oil and Grease"with Non-polar Oil &Grease monitoring with Method 1664 (SGT-HEM) for vehicle maintenance areas. This change incorporates consistency with other permits where vehicle maintenance monitoring applies. The draft permit reflects the most recent individual stormwater permit template and boiler plate language,including mandatory electronic reporting requirements. Prepared by(Signature) Date Stormwater Permitting Superviso Date ZD for Bra Bennett Concurrence by Regional Office Date RO DEMLR Supervisor Date Regional Office Staff Comments(attach additional pages as necessary) State of Nonh Carolina I Environmental Quality I EnrW,Mineral and Land Resources 1612 Mail Service Center 1 512 N.Salisbury St. I Raleigh.NC 276W 919 707 9200 T Morehead City Terminal W i RO Review: • Representative outfalls inspected and found to be apt for sampling purposes. • On the map there is no 302 outfall. 301 is the correct one. • The tidal influences should be documented per sample as to differentiate between High tide samples and low tide samples. • The old aviation terminal AVT on Radio Island is not in the scope of this permit application according to Todd Walton. PCS should be permitting that area. • The wood products and wood chips area treated with two paved settling basins. The water quality appeared to be less septic as it did last year, probably from recent rain and lack of activity from the chipping operation. I do think that there should be greater efforts to reduce the amount of organic debris in the ponds,such as fabric barriers or socks. There isn't much to be done with the aerial wood chips. Maintenance on the Northwestern pond needs to be done. • Did not review in depth the sampling data,time did not allow. Briars Lambe OF �A TE7 Michael F.Easley,Govemor OG Wfarn G.Ross Jr..Secretary No th Carolina Department of Envirunment and Natural Resources p Y Cohm H.Sullirts.Director Division of water Quafrty June 16,2008 Mr.Todd Walton EnvimnnaenW Supervisor North Carolina State Ports Authority P.O.Box 9002 Wilmington, North Carolina 264U1 Subject:Final NPDES StormwaterPermit Permit NCS000173 NC State Ports Authority-Morehead City Terminal Carteret County Dear Mr. Walton: In response to your renewal application for continued coverage under NPDES stormwater permit NCS000173,the Division of Water Quality(Division)is forwarding herewith the subject state-NPDES permit. This permit is issues{pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.Environmental Protection agency dated October 15,2007(or as subsequently amended). This final permit includes the following changes from the draft pemdt sent to you an April 29,2008: • Clarification that the first valid sample during the monitoring period should be compared to benchmarks. If the facility chooses to take"follow-up"samples during the same period,benchmark exceedences would not trigger additional tier responses. • Clarification that qualitative monitoring does'not need to be performed independently on a semi- annual schedule in addition to analytical monitoring(removal of"and"from text in Part II,Section C). Qualitative monitoring should be performed at the same time as the analytical sampling. If analytical monitoring is not required at a storntwater outfall(for example,if representative outfall status is granted), qualitative monitoring is still required(text added to the final permit to clarify this point). • Revisions to the boiler plate language in Part III(Standard Conditions)to be consistent with the current NPDES stormwater permit template. Changes include updated references to legal penalties and signatory requirements. Please note that the permit now requires that Qualitative Monitoring Report(QMR)forms provided by the Division be used(Section E). The most recently revised QMR forms are available on our website at: http-Jfh2o-e!nr.state-nc.us/su/Forms-Documents.htm#stormwaterGP • Removal of monitoring at outfall 91IA1 from the Vehicle Maintenance Activity Monitoring Requirements. This deletion is based on redevelopment alterations at the Port since the permit was first drafted_ In addition,specific references to representative outfalls for Vehicle Maintenance have been removed because you indicated all vehicle maintenance activities are now conducted indoors. If any vehicle maintenance activities are exposed in the future in drainage areas to outfalls not being monitored, monitoring at those additional outfalls is required. t North Carolina Division of Watu Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phom(9I9)733-7015 Customer Service Internet h2o.au.state.no.us 512 N.Salisbury St Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 An Equal Oppot zvly/Aifirmabve AcSon Moyer-50%Aecycled/10%Post Consumer Paper Mr.T.Walton NC Sthte Ports Authority-Morehead City Terminal . y 'Permit No.NCS000173 Page 2 • The requirement to monitor SDO 402 remains in the permit. We understand the location of 402 will change from the original drop inlet(which has been removed/paved over),and that the inlet just to the northeast will instead be SDO 402. Please ensure the location of the newly designated SDO 402 is consistent in the facility's Stormwater Pollution Prevention Plan_ Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III,Section A,Item 2"Duty to Comply",Item 9 "Penalties for Tarnpering"and Item 10"Penalties for Falsification of Reports"of your permit for further information. If any parts,measurement frequencies or sampling requirements contained in this 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 Administrative Hearings,Post Office Drawer 27447,Raleigh, North Carolina 27611 -7447. Unless such demand is made,this decision shall be final and binding. Please take notice this permit is not transferable. Part III,B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,Coastal Area Management Act or any other Federal or Local. governmental permit that may be required. If you have any questions or comments concerning this permit,contact Bethany Georgoulias at(919)733-5M x 529 or bethany,georgoulias@ncmail.net. Sincerely, fur Coleen I I.Sullins,Directory cc Wilmington Regional Office,Water Quality Section Mike Mitchell, EPA Region IV Stormwater Permitting Unit Central Files Attachments • NCS0001734-0 WA]� t • Michael F. Easley,Governor 9 '' William G.Ross Jr.,secretary North Carolina Dcpartmcat of Enviro=cnt and Natural Resources Coleco H_suRins Director Division of Watcr Quality STAFF REVIEW AND E VALUATION NPDES Stormwater Permit v"'} Facility Name: North Carolina State Ports Authority—Morehead City Terminal NPDES Permit Number: NCSM173 Special Note: This is a revised staff report request(original sent in 2006)for this facility. One of the tenants,PCS Phosphate,has applied for a separate individual stormwater permit(NCS000520 drafted and sent to WiRO this month). Facility Location: Morehead City,NC(Carteret County) Type of Activity: Industrial—Deep Water Port, Marine Cargo Handling SIC Code: 4491 Receiving Streams: Newport River-Restricted Area/Morehead City Harbor and Bogue Sound/Harbor Channel [See Figure I Impaired Waterbodies? Not listed,but contiguous to waters closed to shelifishing(fecal contam_) River Basin: White Oak River Basin,Sub-basin 03-05-03 Stream Classification: SC(correc'tionfrom previausstaffreport-Restricted Harbor Area is SC, not SA HQ*9 Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Table 1 Facility Location: See Figure i Response Requested by(Date): April 22,2008 JJC2a,Oil'i Siaflfl C-n act ,,t`-�„,4BethaaY»Gee goulias 4(919)-733=50$3,ext 529. i Special Issues: issue Rates=SIe; easy)to t Coro fiance history 3 f Benchmark exceedance 8 W C f Location L,T&E species,etc. 5 o Other Challenges: 6 • PCS Separation Wr • Multiple activities; asphalt plant V Mc q • Bulk facility expansion on Radio Island-future disc e? Difficulty Rahn . 22/40 i r Special Issues Explanation: • Note-section of Newport River and Bogue Sound contiguous to Restricted Harbor Area are classified SA; HQW. Shellfish waters there impaired from fecal contamination. • Proposed individual stormwater permit for PCS Phosphate, so will no longer be under Port's permit_ • Going through EIS review process in 2006 for proposed break bulk facility expansion across channel Page 1 of 9 i NCS000173 l on Radio Island. This is the old AFT(aviation fuel terminal)site,and ground remediation was; way. PCS also stores materials at this site(sulfuric and phosphoric acid). At the time there were. apparent point source discharges of stormwater from the property;however,after development;the NCPA planned to have an infrastructure to convey stormwater runoff(has not yet happened). " Description of Activities: Multiple activities and transfer of various products occur at this site. At the time of a site visit with the region in early 2006,the Port was a major importer of unprocessed rubber(all stored inside): There were also numerous railcars of borate from mining. The Port also leases to several government and private companies, such as: • Owens Corning operates the Trumbull Asphalt facility(changed name to?) � • Morehead City Terminals operates a bulk wood chip handling facility N ow Goari4 Since last renewal,the company had no significant changes in industrial activities but has made improvements by residing several transfer towers to reduce fugitive emissions--potential stormwater contamination. At the Port's urging, PCS Phosphate(bulk handling of fertilizer)will fimally be covered under a separate individual stormwater Permit(status: drafted and sent to the region for comment). This will result in a change in monitoring for at least one outkU. w Documents Reviewed: • Stormwater Permit Files • White Oak Basinwide Plan I • Final 2006&DRAFT 2008 303(d)Lists;TMDL Documents i • EPA Sector-Specific Permit,2000&Draft 2006 permits i • Natural Heritage Program's Federal Threatened and Endangered Species Database • Check 40 CFR Subchapter N,Stormwater Effluent Guidelines History: • 1/27/2006: WiRO(L. Willis)performed inspection. See 2006 staff report for NCS000173 renewal permit. After much back and forth about whether PCS Phosphate would apply for a separate permit,the Port's draft renewal permit(retaining the PCS facility)was scheduled for public notice on 1/17/2007. Held it back from notice because PCS Phosphate finally agreed to apply for a separate permit. • 2/5/2007:PCS application for individual NPDES stormwater permit received. Reassigned late 2007; draft and staff report request to WiRO in March 2008. Page 2 of 9 .. _ - � 'i'�?+`~'�+! / �`�+• :� �,Ys �r ss ^•!�'�°'..►�"r �V 25 - M FEN Ri lr-.' _ _ • • '�T� s ...ry` x •• -•+ �y4.fir' ,gyp _ _ .a['�•i.Y G. S� jj SJ • MA ra t 7A`` • A' 'tM1� , 4i v^Jt . ♦G7 +... - Y-.. wJ'�`�t`iz ^�"F����.. (r -tlC�F _ 'r•�� tT � s�'-•�:�r¢'_tir•s:A.-w�-j�l ,{ � ;"'t" �p .4'��,•" �•< tea ' '�. *` _ _ 'T" "rY' ,:' .� ;x.;?a�T•+'c'�r-' '`�3'0.�.c�r'-:� 'S �, * '� ., Vic- '�• -'� - s i'L=d�'--.w+''t7..15�j � tf+T�,+� � !� f-q,•a a }. ��'�•"` j'•%m a`� • V^--_.r rs �}�,,. �,' �• .•� r�- 1 � a��=L.+P,. �a�r�_ n r ,} 3• c, �r��i�,�,'.h y�'x�• •rV `- �=� "'� '. -► _ �-•• r H +2 �`i Q�x�.3� o '� t � L-'� _ a - rR,sr•.°- 'ry: CAI ifa5 -4V Sr .v ai��71 j a` �� z ^r3 'c• �t� sere {_- o•3�AS�y .' T +7• r _. .rs �' t rat ' 1 y'Ry L � � �;,�a � -• .C� ° _ rAut th C�rdIna State PatsiVM MOt ry+��V�R`Cs7;�,�'�,t 3.�L" t"" _Y.e'C'a 'o����`�'� L7 .,t. �+ ��r...� _`� �w �1�u�♦ -k'� �,��-.-r.�- •r Figure 1: Map of Facility Central Office Review Summary: 1. Owner's Other Permits: 1�p l v-VA" n PO a Tenants have other permits: t5�3 w jLgk* ,- (' • Morehead City LLC also has two outfalls covered by NPDES wastewater permit No._NC0077666. That permit allows discharge of treated runoff from crushed bulk storage materials(wood chips, stone, and steel slag)that has been muted through settling basins. • Trumball Asphalt Plant: The property used to belong to Owens Corning but was sold in 1997 to the Port, so now Corning is only a tenant. The old wastewater permit for O/W separator discharge(NC0007749)was rendered inactive after the transfer and was never reissued. The only NPDES wastewater permit Owens Coming continues to renew is NCG500354(non-contact cooling,boiler blow-down). 2. General Observations:Biggest challenge at this site will be good housekeeping to control contamination firom track-out and fugitive dust. 3. Impairment: This area of the Newport River(Restricted Harbor Area surrounding the Port) is not impaired; however,sections of the river contiguous to this area are on the 2006 303(d)List and Draft 2008 List. Those shellfish waters are impaired because of fecal contamination(closed to shellfishing). The White Oak Basinwide Plan cites runoff from urban areas and subdivisions(populations and development have increased significantly in the past five years along this area of the coast, including in Morehead City). While fecal coliform(more recently an enterococcus standard for salt waters applies instead) is certainly a concern for this receiving water, the activities conducted at Port are not generally expected to be a source. The reviewer determined bacteriological monitoring is not appropriate at this time. However,TMDL language in the permit notes the problem. It should be noted that Calico Creek,which flows into the Newport River to the west of the Port, was added to the Draft 2008 303(d)List because of fecal coliform, chlorophyll a, dissolved oxygen(DO), and turbidity Page 3 of 9 NCS000173 violations. Major water duality impacts in the creek are from urban nonpoint sources and the Morehead Ci WWTP,which contributes significant oxygen consuming wastes and nutrients. The creek is not classified SA, but it is permanently closed to shellfish harvesting by DEH. The Basinwide Plan documents pending upg"des to the WWTP,more stringent effluent limits,and recommends a nondischarge alternative. This WWTP point source is"upstream"(though tidal waters are not so well flushed)of the PCS facility at the Port,but: it does add to Calico Creek's pollutant loading on the Newport River. These conditions establish a need for the Port and its tenants to reduce potential bacteria,nutrients,and oxygen demand introduced during storm events as much as possible. 4. Threatened and Endangered: None noted. A federal`°species of concern"(Southern Hogriose Snake),and a state species of"special concern"(Carolina Diamondback Teirapin).in the database for surrounding area. 5. Stohnwater Effluent Guidelines: '40 CFR§418.11 stormwater effluent limits apply to asphalt plants facilities; ho,vever,this site is a bulls handlirig operation only. The draft permit proposes benchmarks for pollutants of concern and a tiered set of responses based on exceedances but does not include effluent limits at this time. A case might be made for TP andeluoride-limits in the futtire if there are compliance issues and/or water quality impacts. 6. EPA MultiSector General Permit: EPA's 2000 MSGP requires monitoring for total recoverable aluminum,iron, lead,and zinc. The 2006 Draft MSGP proposes,to add TSS monitoring in addition to these metals. However, the MSGP also includes marinas'-in the Water Transportation Sector(Marinas are covered by a separate General Permit in North Carolina). TSS will riow be monitored at.-alf representative outfalls at the Port, but no metals monitoring is recommended at this time. 7. Location: This site discharges stormwater to the Restricted Morehead City Harbor Area,classified as SC waters. Note that the section of the Newport River contiguous to the restricted harbor area is classified SA; HQW. 8. Industrial Changes Since Previous Permit: PCS Phosphate no longer included—will be permitted separately (proposed NCS000520). Only redevelopment activities--new warehouse added near Berth#9. 9. Analytical Monitoring Notes: See Table 1. Elevated COD levels at all but one oud". NCPA has been cognizant of high levels and has made improvernpts to lower stormwater impacts;for example,the port has covered bulk conveyor-belts purchased a new street sweeper,and implemented routine maintenance. During sampling event in 2/2004,records for outfa�03 k� 10-noted-"compl-iiO J'"conditions nd no analytical results were available. The camparty failed to sample outfaIh 803 phosphorus during the past permit tern,,but levels during 1996-99 were between 1-2 mg/1. 10. OtWitative Monitoring Notes: 2000-04 records frorn Central Files reviewed;very few problems. Noted higher suspended solids at outfall 907(Wood Chip storage)in only one quarter. (Runoff from chip operations treated prior to discharge, covered under NCO077666). Page 4 of 9 NCS000173 Table 1: Analytical Monitoring - Required Sample Total Precipitation Duration TN COD TSS TP PH O&G Sampling Date Flow (in) (hours) Benchmark: Benchmark: Benchmark: Benchmark: Benchmark: Benchmark: Range (MGD) 30 mglL 120 mg1L 100 mg1L 2 mgli.. 6-9 30 mg1L Outfall 103-'PCS.Phos hate III e'under se rate ermlt NC8000520 8/18/2003 0:4003 1.16 ' 24 1.95 ""'NR' 0.6 7.1 NR 811212003 0.1001 0.29 24 13:3 -NR. 8.89 NR 12/11/2003 0.5248 1.52 24 5.35 r NR 1.71 7.3 NR 211812004 0.3476 0.9 24 No Flow I No'Flow No Flow No Flow No Flow No Flow 11/29/2005 0.0621 0.18 24 NR : ?NR- NR _ NR - -NR NR 5/21/2005 1 0.1804 1 0.54 24 NR NR-. AIR. -NR NR NR Outfap 302' 16/18/2003 0.4003 1.16 24 NR': "NR 0.17 7:4 NR 8/12/2003 0.1001 0.29 24 -NR.:° NR 0.10 7.86 NR 12/11/2003 0.5246 1.52 24 "NR NR" 0.07 7 NR 2/18/2004 0:3476 0.9 24 NR 11 - 'NR 0.22 6.13 NR -11/291200510,0621 0.18 24 1 NR NR`.. NR -NR NR NR 5/21/2005 1 0.1864 0.54 24 NR. . NR� - AR 11-NR NR'NR NR Ot 61150681. - 6I18I2003 0.4003 1.16 24 N R ` ' "8 ' 0.30 7:8 <1 8/12/2003 0.1001 0.29 24 ` NR 3T•` - 1.3 0.24 7.96 1 12111/2003 0.5246 1.52 24 'N R ` -3 0.27 7.5 2 2/1812004 0.3476 0.9 24 NR 9' 2 0.18 6.83 <1 11/2912005= 0.0621 . 0.18 24 NR NR-. NR- NR- NR NR 5/21/2005 0.1864 0.54 24 - NR NR- NR--- . NR, NR NR 'Outfall 510 6/18/2003 0.4003 1.16 24 .NR`-" . 117 '-NR 0:23 8.1 • NR 8/1=003 0.1001 0.29 24 NR 45 ' - NR.. 0.14 7:58 NR . 12111/2003 0.5246 1.52 24 N R 15 "NR. 0.32 8 -N R 2/18/2004 0.3476 0.9 24 - -NR o'Flow NR No Flow No Flow NR 11/29/2005 0.0621 0.18 24 NR - =k NR .., 'NW;., �NR NR'---, NR• 5/2112005 1 0:1864 0.54 24 NR NR' NR, NR:' NR'" NR Over Current Benchmark 'Morehead City Port SW Permit only required sampling quarterly in fourth year. Data Not Collected Page 5 of 9 NCS000173 Table 1:Analytical Monitoring(cont.) Required Sample Total Precipltatlon Duration TN COD' TSS TP PH O&G Sampling Date Flow .(In) (hours) 'Benchmark: Benchmark: Benchmark: Benchmark: Benchmark: Benchmark: Range (MGD) 30 mg/L 120 mg/L 100 mg/L 2'mg/L 6-9 30 mg/L 'x 00fill'803'w w'p .. err .w _._ • .. . ...,. n .. _._ M ,.6/1812003 "OA003" 1.16 24`',^. NR ` " '8" '" 7.-8 2.3 811212003 _0.1001 0.29 24 "NR - 6.6 7.56- 2.5 12M 1/2003, - 0.5246 1.52 . "24 N R 4'`. - 8:` 6 2/18/2004- 0.3476 0.9 : 24 ' NR - -27 - 7.2, •2 11/29/2005 0.0821• 0.18- -j 24 L NR -.VN 7 NR - NR NR NR 5P21/2005 - 0.1864 -0.54' .24 - - 'NR, R` NR NR" NR NR` _ •Outfall 907' 6/1 U2003 -0.4003 1.16 ",24-- -NR-, , " )30 NW - ,_0.57 7.3 NR. 8/12/2003 '".-0.1001 0.29 24 - -NR A8 NR - 0.19 7.74- NR }a '12111/2003 .- 0:5246 ' -1.52 24-- NR --121 NR 0.29 .7.3 'NR 2/18/2004 0:3476 0.9 24 '' NR f.9 NR 0.73 7.34 NR' " 11/29/2005 0:0621 '0.18 V 24 NR '; 1NR~' ^ ' NR NR -r NR, NR 5/21/2005 '0.1864 1 0.54 1 24 1 . NR NR NR , ' NR NR ' - -NR _ Outfall91.1A1 _ 6/18/2003 OA003 1.16 .24 NR ,NR,, 7 NR',. <1 81122003 0.1001 0.29 24 .'NR :�NR .".. 29 :NR-. •I7: 1.8 12M112003 t-D.5246-'- 1.52 24 NR' NR 17 NR 6:6" 4 2/18/2004 - 0:3476 0.9 24 NR -,NR, -- •18 NR 7.98 3 11/29/20051 0.0621 0.18 24 :r NR ;=NR '_ ': NR- NR` NR' NR 511112005' 0.18B4 0.54 24 _ - -,NR ' .I +NR NR NR-- NR' "' -NR- _ .Outfatl_ ,. r. .». �i. . t ..Over Current Benchmark "Morehead City Port 5W Permit only required sampling quarterly in fourth year. Data Not Collected Page 6 of 9 rr173 - 't Recommendations: Analytical Monitoring: ewer recommends expanding pH monitoring(which Port Authority already performs routinely), O&G, and TSS monitoring to all representative outfalls. O&G and TSS are appropriate indicators for stormwater contamination at a large transit facility and inexpensive to monitor, and these parameters are already required for the subset of outfalls with drainage from vehicle maintenance areas. In addition,TSS monitoring at outfalls 402 and 502(added to capture asphalt plant runoff)is consistent with the NCG 16 general stormwater permit for asphalt operations- Although fecal coliform is a problem in these waters,do not expect port operations to be a significant source. (Would also be difficult to assess contribution with marine birds usually congregating near ports.) 0utfa11103 no longer applies to this permit because it is part of PCS Phosphate and TP will be inonitored there under NCS000520. Reviewer recommends retaining TP monitoring at outfall 803 but eliminating the requirement for other representative outfalls at the Port because(1)TP levels were low and(2)would not expect phosphorus to he a major pollutant of concern at the other outfalls. Representative Outfalls:Possible representative outfall revisions were considered during initial review(see 2006 staff report request). This draft permit recommends to: • Add sampling at outfail 911A1 to vehicle maintenance monitoring(site ahr-ady initiated monitoring). • Retain sampling at 506B1 &911A1 outfalls because COD and/or TSS levels were elevated, and because these outfalls represent vehicle maintenance areas. Because the Port has the ability to sample drop inlets that segregate these areas,there is a benefit to keeping these sample locations. • Add sampling at 402 and 506A1 (just downstream of the O/W separator)to capture asphalt operations. The old wastewater permit for the oil/water separator discharge(NC0007749,previously issued to Owens Corning) is no longer active,and none of the other outfalls raptures runoff from asphalt plant operations—an industrial activity subject to NEDES stormwater regulations. Outfall 506A1 will better segregate the asphalt plant activities and eliminate redundancy with 506B1. • Add TP sampling at 506 Al because phosphoric acid is used as a neutralization chemical(potential residue from this discharge exposed to stormwater)- • No sampling added for fish meal operation since discharge sheet flows at north of property. Monitoring frequency will increase to semi-annually to ensure at least nine data points are collected through the permit term and to be consistent with qualitative monitoring frequency. Benchmark values and a tiered response approach to exceedences have been added for consistency with all other individual and general permits issued over the past year. Stormwater gjha t limits for discharges f inm asphalt paving and roofing emulmom production areas:40 CFR§443 imposes daily maximum and monthly average O&G and TSS limits on these discharges. Section 40 CFR§122.44(k)(3)grants N.C. authority to require BMPs in lieu of permit limits(Note NCG 16 for asphalt operations has no limits either). However, future reviewers should consider how analytical results over the next cycle compare to those limits.and consider whether they are appropriate: TAsa.e o-1_—SEcrnrt-SPE-ctRc Numaw Lw rAnam Am) BeNcHmAw btomTompto Subseckw seject�' tar m� Pazazrre4er = I lusr�ionthan one z Sector of ft.. Regn-veer="ft Asptntt Paw$and Rooting MWti ft(SO 2WI.2852) ToW SteWwtftd soids 1Domgft_ Dist� napes hum areas wha of asptaall TSS------------------------------- ----..-•---._..----•---•-------....---. 23D myL,daily max pang and r=6 ems aoaus (SIC 2951. 15D mUfL W4"awg- 2B6Z). Od and Grease .._....._.-----.. ...... ....._._-__..__...... ...-__. 15D MOIL,da]y runic. 1ftiA M-day-s PH ___-------------------•• ----•_.._.._..___..___. ---..._.._- 6_04-0 'filter cncWquarter for the year 2 and year 4..mrstorirga years. zAtnibrarbe per year for each naming year. **See previous staff report request from 2006 for more background,initial discussions with permit contacts, site visit notes, and other information_' Page 7 of 9 NCS000173 Discussions with permit contact(new): March 25, 2008: Todd Walton,NCPA(910)251-5678: 1, Q: The old Aviation Fuel Terminal(AFT)site at Radio Island was undergoing remediation and did not have a point source discharge of storrwater at the time of the inspection in 2066. There were plans for the Port to build a drainage infrastructure; what is the status of this site? a. ANSWER: Just fuiished up remediation(excavation,etc.) No drainage structures have been built; still no point sources of stormwater/no additional permit requirements. 2. Q: Are there boat washing activities here? a. ANSWER: No,none that NCPA is aware of. 3. Q Has anything changed with Trumbull Asphalt? a. ANSWER: Only that the name has changed(Trumbull went bankrupt). Saute operation. 4. Q Any other major changes since early 2006? a. ANSWER: The Port did tear down some buildings near the Trumbull plant and construct a new 180,000 square foot warehouse behind Berth#9. This was part of a State Stoormwater redevelopment project that was permitted by DWQ; infiltration basins were constructed around the perimeter of the building. Page 8 of 9 r NCS000173 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL,AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHAII;RE ELIMINATION SYSTEM In compliance with the provisions of North CarolinGener l`StaLute 143-215.1, other lawful standards and regulations promulgated an --a opted the North Carolina Environmental Management Commission,and thesFederal Water Pollution Control Act, as amended, 4 N''.C. State Pv uthority is hereby authorized tn'rdischarge stormwater from a facility located at M 'rehead City Terminal 113 Arendell Street Morehead City, NC Carteret County to receiving waters designated as the Newport River and Harbor Channel, class SC waters in the White Oak River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, 111, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective November 1, 2016. This permit and the authorization to discharge shall expire at midnight on October 31, 2021. Signed this day October 3, 2016. for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No.NCS000173 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS,AND LIMITAIO FO T R PERMITTED DISCHARGES Section A: Stormwater Pollution PreventionIP n Section B: Analytical Monitoring Re?qu;irklments me Section C: Qualitative Monitoring Section D: On-Site Vehicle'iM' aintenance Monitoring Requirements Section E: Special Condifions PART III STANDARD COhi.DI-T ONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply i Permit No.NCS000173 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of PollAbn�ols p (7 ,Q"° , 1. Proper Operation and Maintenance ,j 2. Need to Halt or Reduce Not�a Defense 3. Bypassing of StormwaterKControJ facilities x. Section D: Monitoring and Records 1. Rep resentative,Samp'ling 2. Recori is 3. Flow Measurements 4. Test+rocedures IN S. Representative Outfall 6. RecoiAg'Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Nan-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS ii Permit No.NCS000173' PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled,limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR§122.26(g),the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or o6erator wishing to obtain a No Exposure Exclusion must submit a No Exposure Cer-tificAtion Notice of Intent (NOI) form to the Division; must receive approval by the Division; aintain no exposure conditions unless authorized to discharge under a valid NPDE&� ormv W permit; and must recertify the No Exposure Exclusion annually. x} _-77 SECTION B: PERMITTED ACTIVITIES Until this permit expires or ispiodiflAor revoked, the permittee is authorized to discharge stormwater to the surface wa "fsrof o�Carolina or separate storm sewer system that has been adequately treated an anaged;n accordance with the terms and conditions of this permit.All stormwater ischargs1. shall be in accordance with the conditions of this permit. ,Yy Any other point source dische4 to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit,authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order,judgment, or decree. 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P + ' 11 •k r f�� qL' .,s'i _,�•-`V"-�. � .u_ { •w•�w 4: .�.•. -R r�_ � ? .� .V v.��i �i► t7� 1ti h. -.f -1C �\�.?'..-:J NCS000173 North Caroilna State Ports Authority - Porto€Morehead Qty NX Latitude: 34°43' 5" N Longitude: 751 41' S7" W County: Carteret Receiving Streams: Nelvport River Restricted Area/ S Morehead City Harbor &Harbor Channel Map Scale 124,000 Stream Class: SC Sub-basin: 03-05-03 (White Oak River Basin) NdItty LoCaUcm P=F Pave 2 d Permit No.NCS000173' PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part II1, Standard Conditions, Section E, paragraph 3 of this permit The SPPP shall include,at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be Apected�to contribute to contamination of stormwater discharges. The Site Ove ie%&Lshall contain the following: (a) A general location map (USGS quadrangle. appropriately drafted equivalent map), showing the facility's location in relation tV.ransportation routes and surface waters; the name of the receiving wa.ters�to"�'hiA the stormwater outfalls discharge, or if the discharge is to amun�cipl eparate storm sewer system, the name of the municipality and theultirnateeTeceiving waters; and accurate latitude and longitude of the poi t`fsttor mwater discharge associated with industrial activity. The general location,mXMo alternatively the site map) shall identify whether any receiving te>r=s=are impaired (on the state's 303(d) list of impaired waters) or if the sitefis'lo ated�in'a'watershed for which a TMDL has been established, and whatthe parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes,and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on-site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials,disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 15 • Permit No.NCS000173 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re-certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions,Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy,at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure // q. r rr of materials and processes to rainfall and run-on�fl t+vs:.Wherever practical, the permittee shall prevent exposure of all storage/�a''reas, material handling operations, and manufacturing or fueling operations. IA areas where elimination of exposure is not practical, this review shall document-the feasibility of diverting the stormwater i y I N %r run-on away from areas of potential contamination. (b) Secondary Containment Requirem nttss and Records. Secondary containment is required for: bulk stork a of liquid materials: storage in any amount of Section 313 of Title III of the Superfund&Ame6dments and Reauthorization Act (SARA) water priority chemicals: ands rage,in any amount of hazardous substances, in order to prevent leaks and spills from cgnntaminating stormwater runoff. A table or summary of all such tanks andAnred materials and their associated secondary containment areas shall be maint� Jned.Af the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining,visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation,the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan [SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations,as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part 11 Page 2 of 15 Permit No.NCS000173' shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on-site at all times during facility operations that have increased potential to contaminate stormwater runo fthr, ugh spills or exposure of materials associated with the facility operations nThe:SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control a4i C- o ntermeasure plan (SPCC) may be a component of the SPRP,but may not be.-sufficient-to completely address the stormwater aspects of the SPRP. The commonelements of the SPCC with the SPRP may be incorporated by reference into the SPRP 4. Preventative Maintenance and Good Aousekeeping Program. A preventative maintenance and good housekeeping�program,.shall be developed and implemented. The program shall address all,stormwater`co trol systems (if applicable), stormwater discharge outfalls,all on-site and adjacent surface waters and wetlands, industrial activity areas (including ma ial storage areas, material handling areas,disposal areas, process areas, loading and,unloadrng areas,and haul roads),all drainage features and structures,and existing;structural BMPs. The program shall establish schedules of inspections, maintenaWce`and-housekeeping activities of stormwater control systems, as well as facility equipment;facility areas,and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance,and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June),and once during the second half(July to December),with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from,and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part 11 B, C,and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities,and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part 11 Page 3 of 15 Permit No.NCS000173 personnel responsible for implementing the training shall be identified,and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination,development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction,operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual asis.The annual update shall include: (a) an updated list ofsignificant spills a eaks of pollutants for the previous three (3)years, or the notation that no spjHs,have occurred (element of the Site Overview); (b) a written re-certification that the s water outfalls have been evaluated for the presence of non-stormwat r discharges (element of the Site Overview); (c) a documented re-evaluation of . e e ectiveness of the on-site stormwater BMPs (BMP Summary element '# 11e Stormwater Management Strategy). (d) a review and comparison ofsgmpie analytical data to benchmark values (if applicable) over th"dst.year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data 14 IV Monitoring Report (DMR) form, available from the Stormwater Permitting Program's w isite ee'Monitoring Forms' here: httj2://teq.ncn Jabout/divisionsfenergv-mineral-land-resourr__esjenergy_ mineral land-permits/stormwater-permits/npdes-industrial-sw]. The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice,the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111,Standard Conditions,Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements,inspections, maintenance activities,and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on-site for a period of five (S) years and made available to the Director or the Director's authorized representative immediately upon request Part H Page 4 of 15 Permit No. NCS000173 ' SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period,and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Re uiremewit"s Ms-c-ha-rge = Measurement Sample'.' Sam le Characteristics.= _ [In>ts _. Fre uen 1. Typez Location Chemical Oxygen Demand COD m L emi- nnual Grab SD03 Total Suspended Solids (TSS) mg/Lope nahnual Grab SD03 'eff IF Total Phosphorus TP m semi-annual Grab SDO $43 & 506A1 Non-Polar Oil & Grease by __ g'L 7 Grab SD03 EPA Method1 664 SGT-HEM f semi-annual H stan�rd semi-annual Grab SD03 Total Rainfall4 ,r inches semi-annual Rain Gauge - FoolaQtes& %9�� 1 Measurement Frequency: Twice per year(unless other provisions of this permit prompt monthly sampling) during a measureable storm event,until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit,the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes,sampling shall begin within the first 30 minutes,and shall continue until completed. 3 Sample Location: Samples shall be collected at stormwater discharge outfalls(SDOs) 302,402,506A1, 506131,510,803,and 907 unless otherwise specified (e.g.,TP monitoring). If there are any changes to the representative outfall status(ROS)of these locations,a copy of the Division's letter granting or modifying ROS shall be kept on site. 4 For each sampled measureable storm event,the total precipitation must be recorded. An on-site rain gauge is required. Where isolated sites are unmanned for extended periods of time,a local rain gauge reading may be substituted for an on-site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 Part II Page 5 of 1S Permit No.NCS000173 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule YMon[toring period?:z.,{ SampletNumlier: ,. , :Start Year 1 - Period 1 1 November 1, 2016 June 30, 2017 Year 1 - Period 2 2 July 1, 2017 December 31, 2017 Year 2 - Period 1 3 January 1, 2018 June 30, 2018 Year 2 - Period 2 4 July 1,L December 31, 2018 Year 3 - Period 1 5 Jan ary019 June 30, 2019 Year 3 - Period 2 6 T]JI ,1, 2 0711W December 31, 2019 Year 4- Period 1 7 JaMry,s, 2020 June 30, 2020 Year 4 - Period 2 8 July` 2*020 December 31, 2020 Year S - Period 1 9 �'' uary 1, 2021 June 30, 2021 Year 5 - Period 2 10 July 1, 2021 October 31, 2021 Footnotes: 1 Maintain semi-annual monitor�ng�unti ittier another permit is issued for this facility or until this permit is revoked or rescinded) e pe � a must submit an application for renewal of coverage before the submittal deadline(180ar"y�s before expiration)to be Considered for renewed coverage under the permit The permittee mast continue analytical monitoring throughout the permit renewal process,even if�enewrpermit is not issued until after expiration of this permit. 2 If no discharge occurs dungtKe sampling period,the permittee must submit a monitoring report indicating"No Flow"or No Discharge"within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring,increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One,Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part ll Page 6 of 15 Permit No.NCS000173' Table 3. Benchmark Values for Analytical Monitorin DischargelCharac-teristics Units Benchmark Chemical Oxygen Demand mg/L 120 Total Suspended Solids (TSS) mg/L 100 Total Phosphorus (TP) mg/L 2 Non-Polar Oil &Grease by EPA Method1664(SGT-HEM) mg/L 15 pH standard 6 -9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedancIthe of a stormwater benchmark value AV- is not a permit violation; however,failure to respond exceedance as outlined in this permit is a violation of permit conditions. Part 11 Page 7 of 15 Permit No.NCS000173 Tier One T � ia If:The first valid sampling results are above a benchmark value,or outside of the benchmark range, for any parameter at any outfall; Then:The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence,the inspection date,the personnel conducting the inspection,the selected actions,and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter s aratel tri er a tiered response. r If Vkl Af NP Tiler'Ivo �° 5 If The first valid sampling results from two consecutive rn'on Loring periods (omitting periods with no discharge) are above the benchmark values,or outs ide,ofthe hmark range,for any specific parameter at a specific discharge outfall; � Then:The permittee shall:1. Repeat all the required actions outlined abbd iri Titer One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring at every du where.a sampling result exceeded the benchmark value for two consecutive samples. Monthly(ayticd qualitative) monitoring shall continue until three consecutive sample results ag el'e ow+ -e enchmark values or within benchmark range. 3. If no discharge occurs during the sarr phng period,the permittee is required to submit a monthly monitoring report indicating"No HooW to comply with reporting requirements. 4. Alternatively, in lieu of steps 2-andS,the permittee may,after two consecutive exceedances,exercise the option of contacting the DEM R Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. ;tom TierTh['ee � � If:The valid sampling results required for the permit monitoring periods exceed the benchmark value,or are outside the benchmark range,for any specific parameter at any specific outfall on four occasions,the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then:The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the perEnittee to continue Tier Three obligations through the permit renewal process. Part 11 Page 8 of I S Permit No.NCS000173 ' This site discharges near, but not directly into, impaired waters experiencing problems with fecal coliform. If a Total Maximum Daily Load (TMDL) is approved for this segment of the Newport River or the Harbor Channel,the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division. The Division will consider the monitoring results in determining whether additional BMPs are needed to Control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control,the permittee will be required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the Stormwater Pollution Prevention Plan. SECTION C: QUALITATIVE MONITORING REQUIrktflh4�ectiveness EMENTS The purpose of qualitative monitoring is to evalua of the Stormwater Pollution Prevention Plan (SPPP) and identify nevpofential sources of stormwater pollution. Qualitative monitoring of stormwater utfa ls�must be performed during a measurable storm event Qualitative monitoring requires a visual Inspection of each stormwater outfall regardless of representative outfall status. Qualitative moan g shall be performed semi-annually as specified in Table 4, and during quired_(analytical monitoring events (unless the permittee is required to perform further gt�tiv`einomtoring per the Qualitative Monitoring Response, below). Inability�tomonitor�because of adverse weather conditions must be documented in the SPPP anii recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions).,0 In y SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall,the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Part I[ Page 9 of lS Permit No.NCSOOO173 Table 4. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monito ring r ::IACatlOII2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annua`l9 SDO Erosion or deposition at the outfall semi-�� SDO Other obvious indicators semi-or SDO of stormwater pollution Footnotes: V 1 Monitoring Frequency: Twice per year during a measureab%storm event unless other provisions of this permit prompt monthly monitoring. See Tab�z for,f-c-hed lu of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued 2 Monitoring Location: Qualitative mgm�firingsliall he performed at each stormwater discharge outfall (SDO)regardless of representative tf Istat�s� A minimum of 60 days must se arafe monitorin dates, unless additional sampling has Y 4 P Ar g P 9 been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present,the permittee shall investigate potential causes, evaluate the feasibility of corrective actions,and implement those corrective actions within 60 days,per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Part 11 Page 10 of 15 Permit No.NCS000173' Qualitative Moditonn Res onse Qualitative monitoring is for the purposes of evaluating SPPP effectiveness,identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase,or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or + require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle maintenance�aewhen occurring on-site which uses more than 55 gallons of new motor oil per moonthX averaged over the calendar year shall perform analytical monitoring as splecified below in Table 5. All analytical monitoring shall be perform ed,duringa measu able storm event at all stormwater discharge outfalls (SDOs) that disc ctarg s�ormwater runoff from vehicle maintenance areas, and in accordance with the schedule resented in Table 2 (Section B). Table 5. Anal o^Analytical Mnitorin Re uirements for On-Site Vehicle Maintenance Discharge Characteristics:- a`Inits Measurement' Saihple Sample z? Fre. uen ._ i T e? .. : Locadon3 Non-Polar Oil&Grease by EPA Method1664 ffGT-HEM mg/L semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month I semi-annual 1 Estimate - Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event(unless other provisions of the permit prompt monthly sampling),until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit,the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes,sampling shall be begun within the first 30 minutes,and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall(SDO) that discharges stormwater runoff from area(s)where vehicle maintenance activities occur,unless representative outfall status (ROS)has been granted. A copy of the letter granting ROS shall be kept on site. Part 11 Page 11 of 15 Permit No.NCS000173 4 For each sampled measureable storm event the total precipitation must be recorded. An on-site rain gauge is required. Where isolated sites are unmanned for extended periods of time,a local rain gauge may be substituted for an on-site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part it Section B. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring,increase management actions, increase record keeping, and/or install Stormwater Best Management Practices (BMPs),as provided in Part II Section B. Table 6. Benchmark Values for Vehicle Ma(n2,eftance Analyyt'cal Monitoring Discharge Charactes�cs' s Units Benchmark Non-Polar Oil &Grease by v EPA Method1664(SGT-HEM) mg/LAt 15 Total Suspended Solids (TSS)*kL' mg/L 100 N SECTION E: SPECIAL CONDITIONS Part 11 Page U of 1S Permit No.NC5000173' A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals,then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part III of this permit(Standard Conditions for NPDES Permits): • Section B. (3.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports s • Section E. (2.) Submitting Reports 1. R=Qrting Rgjaujrements [Supplements action N and-Supersedes ectio E Effective December 21,2016,the permittee shall report discharge monitoring data electronically using the NC DWR's Ele�ctr ischarge Monitoring Report (eDMR) 07 internet application. . Monitoring results obtained-A ffigith previous month(s) shall be summarized for each month and submitted elearronica ly using eDMR. The eDMR system allows permitted facilities to enter monitifring data and submit DMRs electronically using the internet. Until such time that the�state=sr-eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing,signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR/ Division of Water Resources/ Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where 1 ess than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. Part 11 Page 13 of 15 Permit No.NCS000173 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY I. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment,as specified in Part 11,Section A,Paragraph 2(b)of this permit,shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the fast time: T11hkStormwater Pollution Prevention Plan shall be developed and implemented prior to the be Inning dikhargees`from the operation of the industrial activity and be updated thereafter on an annual, sis. S ndary containment,as specified in Part 11,Section A,Paragraph 2(b)of this permit shad b accomp fished prior to the beginning of stormwater discharges from the operation of the i ustria'activity. Existing facilities previously permitted an�d4pp g far renewal: All requirements,conditions, limitations,and controls contained in this permii((ex1 new SPPP elements in this permit renewal) shall become effective immediately uponduance of .his permit New elements of the Stormwater Pollution Prevention Plan for is pe itrenewal a!1 be developed and implemented within 6 months of the effective dat o t Mt anupdated thereafter on an annual basis.Secondary containment,as specified in Pa III,Pa ph 2(b)of this permit shall be accomplished prior to the beginning of stormwater discharges-froe operation of the industrial activity. 2. Duty to Comply The permittee must comp W11 conditions of this permit Any permit noncompliance constitutes a violation of the Clean W T r%ct(CWA)and is grounds for enforcement action;for permit termination,revocation an rreeissuance,or modification;or denial of a permit upon renewal application[40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a)of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions,even if the permit has not yet been modified to incorporate the requirement[40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any such sections in a permit issued under section 402,or any requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each violation[33 USC 1319(d)and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301,302,306,307,308, 318,or 405 of the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or 402(b)(8) of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by imprisonment of not more than 2 years,or both [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]. Part I I I Page 1 of 9 Permit No. NCS000173 ' d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal penalties of$5,000 to$50,000 per day of violation, or imprisonment for not more than 3 years,or both.In the case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both(33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301,302,303, 306,307,308,318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or both.An organization,as defined in section 309(c)(3)(B)(iii pf the CWA,shall,upon conviction of violating the imminent danger provision,be subject ti amine of not more than$1,000,000 and can be fined up to$2,000,000 for second or subsequen onuictions 40 CFR 122.41(a)(2)]. f. Under state law,a civil penalty of not more than$°25,000 per violation may be assessed against any person who violates or fails to act in accord n e-lu the the terms,conditions,or requirements of a permit[North Carolina General Statutes 43-21t5:6A]. g. Any person may be assessed an admini ti a penalty by the Administrator for violating section 301,302,306,307,308,318 or 405 ;fhis ct,orgy permit condition or limitation implementing any of such ection a prnu�,issued under section 402 of this Act Administrative penalties for ClassIwiolans are not to exceed$16,000 per violation,with the `4=*'� maximum amount of any Class I penalty assessed not to exceed$37,500.Penalties for Class 11 violations are not to exceedR000 pgr day for each day during which the violation continues, with the maximum amount of any_.Class lI penalty not to exceed$177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate =`_ The permittee shall take all-reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment[40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III,Section C of this permit regarding bypassing of stormwater control facilities,nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6,or Section 309 of the Federal Act,33 USC 1319. Furthermore,the permittee is responsible for consequential damages, such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5. 9iLand Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities,or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq.or Section 311 of the Federal Act,33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, j or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of federal,state or local laws or regulations[40 CFR 122.41(g)). Part III Page 2 of 9 Permit No.NCS000173 7. Severability The provisions of this permit are severable,and if any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby[NCGS 1 SOB-231. 8. Duty to PEQ3jde The permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating the permit issued pursuant to this permit or to determine compliance with this permit The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit[40 CFR 122.41(h)]. 9. Penalties for-Tampering The Clean Water Act provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring device or method required to be maintained under this permit shall,upon � *r conviction,be punished by a fine of not more than$10,000 per,violation, or by imprisonment for not more than two years per violation,or by both. if a c7nVictio&6fa,person,is for a violation committed after a first conviction of such person under this paragra 91,punishment is a fine of not more than $20,000 per day of violation,or by imprisonment of of more thanq years,or both[40 CFR 122.41]. 10. Penalties for Falsification of Reports , The Clean Water Act provides that any persowwhdi .knowingly makes any false statement, �_-_ representation,or certification in any record or re 'document submitted or required to be maintained under this permit,including�moonitoring ports or reports of compliance or noncompliance shall,upon conviction;. a punished y a fine of not more than$10,000 per violation, UR or by imprisonment for not more than two year's per violation,or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This permit does not authorize or aurove the construction of any onshore or offshore physical structures or facilities or lie undertalang of any work in any navigable waters. 12. Duty to Reapply ° If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit[40 CFR 122.41(b)]. SECTION 8: GENERAL CONDITIONS 1. Permit ExpiralJOn The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date,the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date,unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration,or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will be subjected to enforcement procedures as provided in NCGS§143-215.36 and 33 USC 1251 et seq. Part III Page 3 of 9 Permit No. NCS000173 ' 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary under the CWA[40 CFR 122.41(1)(3), 122.61]or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications,reports,or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. Forwthe purpose of this Section,a responsible corporate officer means: (a)a presiden `,secretary,treasurer or vice president of the corporation in charge of a principal bu�nes etion,or any other person who performs similar policy or decision making functions Mr-Mie° orporation,or(b) the manager of one or more manufacturing,production, operating facilities,provided,the manager is authorized to make management decisions; t�h govern the operation of the regulated facility including having the explicit or implicit du I f making major capital investment recommendations,and initiating anVii diner comprehensive measures to assure long term environmental compliance witlli environmental laws and regulations;the manager can ensure that the necessary systteemre established or actions taken to gather complete and accurate information foAA mitAp motion requirements;and where authority to sign documents has been;assignedtor delegated to the manager in accordance with corporate procedures. y (2) For a partnership or a propne rship: by a general partner or the proprietor, respectively;or (3) For a municipality,state,federal,or other public agency: by either a principal executive officer or ranki g elected official [40 CFR 122,22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a.above or by a duly authorized representative of that person.A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager, operator of a well or well field,superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.221. c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph(b) of this section must be submitted to the Director prior to or together with any reports,information,or applications to be signed by an authorized representative[40 CFR 122.22]. Part III Page 4 of 9 Permit No.NCS000173 d. Certification.Any person signing a document under paragraphs a.or b.of this section,or submitting an electronic report(e.g.,eDMR),shall make the following certification [40 CFR 122.221.NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible forgathering the information,the information submitted is, to the best of my knowledge and belief,true,accurate, and complete.1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 4. Permit Modification.Revocation and Reissuance.or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of FederairReguiations,Parts 122 and 123; Title 15A of the North Carolina Administrative Code,Subcmp 2H A100;and North Carolina General Statute 143-215.1 et al. 5. Permit Actions The permit may be modified,revoked and reissued,or terminated for cause. The notification of planned changes or anticipated noncompliance does not syany permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance bonitQring Fee uirements The permittee must pay the administenng a d compliance monitoring fee within 30 (thirty)days after being billed by the Diva'sFa 1ure.to pay the fee in timely manner in accordance with 15A NCAC 2H.0105(b)(2) may cause the.Dion to initiate action to revoke the permit SECTION C: OPERATION AND MAINTEN� CE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit[40 CFR 122.41(e)]. 2. Need to HalLor Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)]. 3. ,Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;and b. There were no feasible alternatives to the bypass,such as the use of auxiliary control facilities, retention of stormwater,or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and Part III Page 5 of 9 Permit No.NCS000173 ' c. The permittee submitted notices as required under,Part III,Section E of this permit. If the Director determines that it will meet the three conditions listed above,the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS I. Representative Samoline Samples collected and measurements taken,as required herein,shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream,body of water,or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority[40 CFR 122.410)]. 415>1 2. Recording Results For each measurement or sample taken pursuant to' e:r quirements of this permit,the permittee 64_shall record the following information[40 CFR 122. a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sam 1"s r mea urements; c. The date(s)analyses were performed ` d. The individual(s)who performed the°Anal yses; e. The analytical technique or metliods usedand E The results of such analyses:._ 3. Flow MeaSurements Where required,appropriate flow measurement devices and methods consistent with accepted scientific practices shallJbe selected/and used to ensure the accuracy and reliability of measurements of the volume of monito 'disch ages. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et.seq,the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section 304(g),33 USC 1314,of the Federal Water Pollution Control Act,as Amended,and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most sensitive(method with the lowest possible detection and reporting level)approved method must be used. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled,the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status,then sampling requirements may be performed at a reduced number of outfalls. Part III Page 6 of 9 Permit No.NCS000173 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on-site. The permittee shall retain records of all monitoring information,including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit,including Discharge Monitoring Reports (DMRs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample,measurement,report or application. This period may be extended by request of the Director at any time 140 CFR 122.41]. 7. Inspection and Entry The permittee shall allow the Director,or an authorized rep desentativeincluding an authorized contractor acting as a representative of the DirectoAh or AttheW"�,,e,yy'o��h,a�facility which discharges through a municipal separate storm sewer system, authorizedresentadve of a municipal operator or the separate storm sewer system receiyiing th discharge,upon the presentation of credentials and other documents as may be required by I wfo: a. Enter upon the permittee's premises where MrekWa0�'dZacility or activity is located or conducted, or where records must be kept under e condf i io s of this permit; b. Have access to and copy,at reasons ti�,;any records that must be kept under the conditions of this permit; 4 WV c. Inspect at reasonable timUany�fa -ties;.equipment(including monitoring and control equipment),practices,oropeons lated or required under this permit,and d. Sample or monitor at reasonabl times,for the purposes of assuring permit compliance or as otherwise authorizediby the Cle ater Act,any substances or parameters at any location[40 CFR 122.41(i)]. &/ SECTION E: REPORTING REQUIREMENTS I. Discharge Monitoring Rem Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report(AMR)forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system(e.g.,eDMR). DMR forms are available on the Division's website(http://deg.nc.gov/aboutldivisions/energy-mineral- land-resources/energy-mineral-land-permitsjstormww ter-permitsjnndes-industrial-sw). Regardless of the submission method(paper or electronic),submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period,the permittee is required to submit a discharge monitoring report,within 30 days of the end of the specified sampling period, giving all required information and indicating"NO FLOW"as per NCAC T15A 02B.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge,the results of such monitoring shall be included in the data submitted on the DMR. Part III Page 7 of 9 Permit No.NCS000173' • The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division,except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports(DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 3. Availability of Reports Except for data determined to be confidential under NCGS 3-215.3(a 2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in a rd�anfe with e'ferms of this permit shall be available for public inspection at the offices of the Division. As required by the Act,analytical data shall not be considered confidential. Knowingly mkkln arty false statement on any such report may result in the imposition of criminal penalties as provided�fo'r��in NCGS 143 215.6B or in Section 309 of the Federal Act 4. Nw-Stormwaxer Discharges If the storm event monitored in accordance withxW's permit coincides with a non-stormwater �A*?ft discharge,the permittee sha parate�lly momf©r all parameters as required under all other applicable discharge permits and+proAde=this information with the stormwater discharge monitoring report S. Planned Chanees The permittee shall give tice to. e Director as soon as possible of any planned changes at the permitted facility whic could-significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This noton requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Nonc The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit[40 CFR 122.41(l)(2)]. 7. spills The permittee shall report to the local DEMLR Regional Office, within 24 hours,all significant spills as defined in Part IV of this permit Additionally,the permittee shall report spills including: any oil spill of 25 gallons or more,any spill regardless of amount that causes a sheen on surface waters,any oil spill regardless of amount occurring within 100 feet of surface waters,and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass Notice[40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need fora bypass,it shall submit prior notice,if possible at least ten days before the date of the bypass;including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part Ill Page 8 of 9 Permit No.NCS000173 9. Twenty-four Hour Re o�rnng a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance,and its causes;the period of noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the anticipated time compliance is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance[40 CFR 122.41(1)(6)], b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours ma sob %bed to"the Division's Emergency Response personnel at(800) 662-7956,(800) a8-0368 o )733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance of reported under 24 hour reporting at the time monitoring reports are submitted [ CF 11. Other Information Where the Permittee becom�arP t it f it ito submit any relevant facts in a permit qfiW application,or submitted intpnrect in rmation in a permit application or in any report to the Director, it shall promptly submit such ets r information[40 CFR 122.41(1)(8)). Part III Page 9 of 9 NCS000v3 PART IV DEFINITIONS 1. Act See Clean Water Act 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding,high winds,or electrical storms,or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period,the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event.Documentation of an adverse event(with date,time and written narrative) and the rationale must be included with SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule.Adverse events and failures to monitor must also be explained and reported on=t te he_re_ IevantiDMR. 3. Allowable Non-Stormwater Discharges (V This permit regulates stormwater discharges. However,-non-stormwater discharges which shall be allowed in the stormwater conveyance system inc)ude a. All other discharges that are authorized►ainon-storanwater NPDES permit b. Uncontaminated groundwater,foundation d�a n� :airy-conditioner condensate without added �/ /! 1- chemicals,springs,discharges of unconta mat potable water,waterline and fire hydrant / t ZI flushings,water from footing drains,flows from riparian habitats and wetlands. t=----.Z c. Discharges resulting{ m;fire-C*htng or-fire-fighting training,or emergency shower or eye wash as a result of use t�ie_eventofran emergency. � NV 4. Best Management Practic�e�'(B Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a pro s ,activil3�Gr physical structure. More information on BMPs can be found at: htW:[/www.epa.gov/riii�les iaattionaI-me nu-best-managQMgnt-practices-bmps-stormwater#edu. S. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system,which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid_Products Liquid raw materials,intermediate products,manufactured products,waste materials,or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage(COC)is the cover sheet which accompanies a General Permit upon issuance and lists the facility name,location,receiving stream,river basin,effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.seq. 9. Division or DEMLR The Division of Energy,Mineral,and Land Resources,Department of Environmental Quality. 10. Director Part[V Page 1 of 4 Permit No.NCS000173 The Director of the Division of Energy,Mineral,and Land Resources,the permit issuing authority. 11. � The North Carolina Environmental Management Commission. 12. Grab Sampk An individual sample collected instantaneously. Grab samples that will be analyzed(quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility,a surface impoundment,an injection well.,a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge fro a permitted site outfall. The previous measurable storm event must have been at least 72fiours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter ixtt�rvaI is representative for local storm events during the sampling period,and obtainsx`approvaJ from the local DEMLR Regional Office. Two copies of this information and a written request lette sha11 be sent to the local DEMLR Regional Office. After authorization by the DEMLR`Regio al Office,a written approval letter must be kept on site in the permittee's SPPP 16. Municipal Separate St�rm�ewp5vstem fN1541 A stormwater collection system w+Min in corporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain,snow,snowmelt,or runoff. Industrial materials or activities include, but are not limited to,material handling equipment or activities,industrial machinery,raw materials, intermediate products,by-products,final products, or waste products[40 CFR 122.26(b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR§122.26(g). 18. Notice of Intent The state application form which,when submitted to the Division,officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit_IssuingAutho= The Director of the Division of Energy,Mineral,and Land Resources(see"Director"above). 20. pgrmittee The owner or operator issued this permit 21. Point Source D,jsc a[ ge of Stormwater Any discernible,confined and discrete conveyance including,but not specifically limited to,any pipe, ditch,channel,tunnel,conduit,well,or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No.NCS000173 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls,the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. SCcondaev Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year,24-hour storm event 24. Sec.tign 313 Water Priad hemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right- to-Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting requirements;and d. Meets at least one of the following criteria: . = L Is listed in appendix D of 40 CFR part 12 ;on Ta'le I - or a is priority pollutants),Table III(certain metals,cyanides,and phenols `or Viable IV (ce in toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to n 311(b)(2)(A) of the CWA at 40 CFR 116.4;or iii. Is a pollutant for which EPA has p"blishedv�cute or chronic water quality criteria. 25. Severe Proper Damage Substantial physical damage to pro -V perty,damage to the control facilities which causes them to become inoperable,or substa tia andyiermanent loss of natural resources which can reasonably be expected to occur in the absentEa hyr'ass Severe property damage does not mean economic loss Caused by delays in production. 26. Significant Material Includes,but is not limited tim raw materials;fuels; materials such as solvents,detergents,and plastic pellets; finished material`s'sUch as metallic products;raw materials used in food processing or production;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of Title III of SARA;fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with Stormwater discharges. 27. Significant Spills Includes,but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act(Ref:40 CFR 110.3and 40 CFR 117.3)or section 102 of CERCLA(Ref:40 CFR 302.4). 28. Stormwater Discharge Qutfall( = The point of departure of stormwater from a discernible,confined,or discrete conveyance,including but not limited to,storm sewer pipes,drainage ditches,channels,spillways,or channelized collection areas,from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt 30. Stormwater Associated with Industrial Activity Part IV Page 3 of 4 Pages a Permit No.NCS000173 The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing,processing or raw material storage areas at an industrial site. Facilities considered to be engaged in"industrial activities"include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. 5tormwater Pollution Prevention Plan A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily load (TMDL1 TMDLs are written plans for attaining and maintaining water quality standards,in all seasons,for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at httn.//deg.nc.govfabout/divisions/walqr-re&4prct-s/vlanning/modeling- assessment/trndls. AO 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1 of th Clean Water Act 34. Vehicle Maintenance Activity Vehicle rehabilitation,mechanical repairs,paintingfueling,i`ubrication,vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter,both mineral.an organic, at has been or is being transported by water, air,gravity,or ice from its site of on,g in whichcan be seen with the unaided eye. 36. 25-ytar.24 bour SLQrM E I IV The maximum 24-hour precipitation.. , nt expected to be equaled or exceeded,on the average,once in 25 years. Part IV Page 4 of 4 Pages Section C: LOCATION MAP Permit No.NC5000173 s r x v r is `. .t�1 may. �r> �i ",' s ` ;tom [] r� - ' �~ IN = f a S z x . � u,�r..'�.,� _ �- � t •mot ~r a4 r ,� �i�! - a�`�, ��' ' ; is �. r-. :�. i� .,�¢���� ''�''�����11111 � •�.'+ r --s, Yf �-7py�;',`� fl s .. - fi� � d � t "y— - .-.. Gam•-•'+ '9-. s 0 ' £-c " ��' �--�,.,x� � ' °� s r •`''���� •� rr Vim., ��� �:,, �„� .0 <;�7 t,,. c � P.. �_ rE�•G�� ��' � asY ct _� �'�.. � -+��yY � _�- �sT+��F'�",�� � _•�� ,�;r-S�~.� Iwc `Cn' k" ,S�.a; i '�.7r '.* �•. �� r�•s��.�ar %?� ..an,� .i��- ;r„�'�+��"as� 1 !: -'�""- �.a„�l s• v 4 J', ZSY-,"... 1✓3 ��h.1, 5 � , 7 M• YP�.•' $, yr�` XS- L • Y v .AG,. 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