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HomeMy WebLinkAboutNC0089885_Draft Permit_20191016ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 16, 2019 Mr. K. Calvin Saboorian Duke Energy Carolinas, LLC 526 S. Church Street, EC03T Charlotte, NC 28202 Subject: Draft NPDES Permit NCO089885 Charlotte Metro Office Tower Construction Mecklenburg County Dear Mr. Saboorian: In response to your request to apply for the subject NPDES permit, the Division of Water Resources (DWR or the Division) hereby transmits this draft for your review and comment. Please review this document to assure your understanding of the permit limits and monitoring conditions, and to correct errors, if any. Additional information for the engineering alternatives analysis (EAA) was received on August 30, 2019, September 10, 2019, and September 19, 2019. Charlotte Water, the Publicly Owned Treatment Works (POTW), does not accept groundwater discharges per the City of Charlotte's Sewer Use Ordinance. The Division concurs that alternatives such as land application of wastewater, infiltration galleries, ex -situ treatment & injection, and a sewer connection are cost prohibitive and/or technologically infeasible as compared to a NPDES discharge. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Mecklenburg County area, as required by the NPDES Program. Please provide your comments, if any, to me via email [derek.denard@ncdenr.gov] or write to my attention care of DEQ / DWR / NPDES Program no later than November 15, 2019. Your written comments are welcome but not mandatory. Following the mandatory 30-day public comment period, the Division will review all pertinent comments on your permit draft, and take appropriate action prior to issuing your NPDES permit final. _E North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-3616 Mr. Saboorian October 16, 2019 Page 2 of 2 If you have questions concerning this draft, please e-mail me or call my direct line (919) 707-3618. Sincerely, 'iAw Derek Denard, Environmental Specialist Division of Water Resources, NCDEQ Enclosure: NPDES Permit NCO089885 (DRAFT) hc: NPDES Program Files ec: MRO / Corey Basinger [corey.basinger(a)ncdenr.gov], Edward Watson [edward.watson@ncdenr.gov] Andrew Pitner [andrew.pitner@ncdenr.gov]; Wes Bell [wes.bell(a,ncdenr.gov] Aquatic Toxicology Branch / Susan Meadows [susan.meadows(ancdenr.gov] Wastewater Operator Certification Group / Maureen Kinney [Maureen.Kinneypncdenr.gov] Richard Farmer [Richard.farmer(abmecklenburgcountync.gov] McIntire, Mark D, Duke Energy Corporation [Mark.Mclntirepduke-energy.com] David Penalva, NOVA [dpenalva@usanovacom] Keith Rice, NOVA [krice(a,)usanovacom] NPDES Permit NCO089885 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Duke Energy Carolinas, LLC is hereby authorized to discharge wastewater from a facility located at the Charlotte Metro Office Tower Construction South College St. / South Tryon St., Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Little Sugar Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on Signed this day Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 NPDES Permit NCO089885 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Duke Energy Carolinas, LLC is hereby authorized to: 1. begin operating a 0.072 MGD construction dewatering and groundwater remediation system consisting of, but not limited to; • an 18,500-gallon weir tank • bag filters (10-micon following by 0.5-micon) • two (2) 1,500-pound granular activated carbon filters (GAC) filter vessels • flow totalizers for Outfalls 001 & 002 • an effluent sample ports for Outfalls 001 & 002 located at Charlotte Metro Office Tower Construction site, South College Street & South Tryon Street, Charlotte, Mecklenburg County; and 2. discharge from said treatment works via Outfalls 001 and 002 at a location specified on the attached map, into an unnamed tributary to Little Sugar Creek [Stream Segment 11-137-8], currently a Class C waterbody within Subbasin 03-08-34 [HUC: 030501030102] of the Catawba River Basin. Page 2 of 8 NPDES Permit NCO089885 MITa A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Outfalls 001 & 002 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade I Physical Chemical Water Pollution Control System [15A NCAC 08G .0302] Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from Outfalls 001 and 002. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Code] LIMITS MONITORING REQUIREMENTS 1 Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Locations Flow (MGD) 50050 0.072 MGD Continuous Recording Effluent Total Suspended Solids (TSS) C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Turbidity TU 2 00070 Monitor & Report 2 2/Month Grab Effluent pH (su) 00400 > 6.0 and < 9.0 standard units 2/Month Grab Effluent Acetone (µg/L) 81552 2000 µg/L 2000 µg/L 2/Month Grab Effluent Benzene (µg/L) 34030 51 µg/L 51 µg/L 2/Month Grab Effluent Dichlorobromomethane (µg/L) 32101 17 µg/L 17 µg/L 2/Month Grab Effluent Chloroform (µg/L) 32106 2000 µg/L 2000 µg/L 2/Month Grab Effluent cis-1,2-Dichloroethylene (µg/L) 77093 720 µg/L 720 µg/L 2/Month Grab Effluent Chlorodibromomethane (µg/L) 34306 21 µg/L 21 µg/L 2/Month Grab Effluent Naphthalene (µg/L) 34696 12 µg/L 12 µg/L 2/Month Grab Effluent sec-Butylbenzene (µg/L) 77350 Monitor & Report 2/Month Grab Effluent Tetrachloroethylene (µg/L) 34475 3.3 µg/L 3.3 µg/L 2/Month Grab Effluent Trichloroethylene (µg/L) 39180 30 µg/L 30 µg/L 2/Month Grab Effluent Xylenes (µg/L) 81551 670 µg/L 670 µg/L 2/Month Grab Effluent 1-Methylnaphthalene (µg/L) 77418 2.6 µg/L 2.6 µg/L 2/Month Grab Effluent 2-Methylnaphthalene (µg/L) 77416 85 µg/L 85 µg/L 2/Month Grab Effluent Bis (2-Ethylhexyl) Phthalate (µg/L) C0100 5 µg/L 5 µg/L 2/Month Grab Effluent Pyrene (µg/L) 34469 30 µg/L 30 µg/L 2/Month Grab Effluent Oil and Grease (mg/L) EPA Method 1664 SGT-HEM 00556 Monitor & Report 2/Month Grab Effluent Total Chromium (µg/L) 3 C0034 Monitor & Report 2/Month 3 Grab Effluent Chromium, Hexavalent (µg/L) 3 01032 11 µg/L 16 µg/L 2/Month 3 Grab Effluent Total Copper (µg/L) 3 C0042 7.88 µg/L 10.47 µg/L 2/Month 3 Grab Effluent Total Lead (µg/L) 3 C0051 2.94 µg/L 75.49 µg/L 2/Month 3 Grab Effluent Total Nickel (µg/L) 3 C0067 37.33 µg/L 335.21 µg/L 2/Month 3 Grab Effluent Total Zinc (µg/L) 3 C0092 125.71 µg/L 125.71 µg/L 2/Month 3 Grab Effluent Total Hardness (as CaCO3)(mg/L)3 00900 Monitor & Report 2/Month 3 Grab Effluent Acute Whole Effluent Toxicity 5 TAA6C r Monitor & Report 5 Monthly Grab Effluent Page 3 of 8 NPDES Permit NCO089885 Organics, Total Purgeables (VOCs) 6 76029 Monitor & Report Monthly Grab Effluent (EPA Method 624) (µg/L) Base Neutrals & Acids (Semi-VOCs) 6 76028 Monitor & Report Monthly Grab Effluent (EPA Method 625) (µg/L) Footnotes: 1. The Permittee shall begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Condition A. (3.). 2. The effluent shall not cause the turbidity of the receiving stream to exceed 50 NTU. If natural background conditions in the receiving stream (upstream) are greater than 50 NTUs then the effluent shall not cause an increase in the turbidity of the receiving stream. 3. Effluent hardness sampling should be performed in conjunction with sampling for hardness dependent metals (Copper, Lead, Nickel, Zinc, Chromium). 4. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be representative of the hardness in the receiving stream. 5. Whole Effluent Toxicity (WET): Acute, Monitor Only; Monthly (Pimephales promelas) 48-hour static test. [See Section A. (3)]. Conditions: • There shall be no discharge of floating solids or visible foam in other than trace amounts. • Discharge shall show no evidence as a source for oily film or sheen on the receiving stream. Page 4 of 8 NPDES Permit NCO089885 A. (2.) ACUTE TOXICITY MONTHLY - MONITOR ONLY [ 15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a monthly basis using protocols defined as definitive in EPA Document EPA-821-R-02-012 entitled "Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 48-hour static test. Effluent samples for self -monitoring purposes must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all waste treatment processes. The parameter code for Pimenhales promelas is TAA6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during any month, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 5 of 8 NPDES Permit NCO089885 A. (3.) ELECTRONIC REPORTING OF DISCHARGE 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 II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports I. Reportine Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)l Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and 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 less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) 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 on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Page 6 of 8 NPDES Permit NCO089885 • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa. ovg /compliance/final-national-pollutant- discharge-elimination-s st�pdes-electronic-reporting=rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: hlM:Hdeg.nc.gov/about/divisions/water-resources/edmr Page 7 of 8 NPDES Permit NC0089885 4. Sienatory Requirements [Supplements Section 13. (11.) (b) and Supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deg.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (6.)l The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41 ]. Page 8 of 8 IF F' ". IF 1:6,0007' t - LJI i • s, • ` N p-...,._....,yv t W11; 7s'4rq_ V5 ` -0 �� o T .\`eQ'e` 0 Outfalls 001 & 002 �'<r 1 , Source: Esri, Dig italGtobeoGeoEye, Earthstar >N'E /Airb so-, AeroGRID, IGN. and the 4 murmify Outfalls 001 & 002 UT to Little Sugar Creek [flows southeast]i 3 - A R� - � H ♦ 74 t • Little Sugar Creek " [flows South] <�� pMn ti4 !r_ 9 c ':1•K Co ht:©72W o National G o raphic Society-i-cubed Duke Energy Carolinas LLC Charlotte Metro Office Tower Construction NPDES Permit NCO089885 South College St. / South Tryon St., Charlotte 28202 Receiving Stream: UT to Little Sugar Creek Stream Segment: 11-137-8 Stream Class: C River Basin: Catawba Sub -Basin #: 03-8-34 County: Mecklenburg HUC: 030501030102 rlt ��r Outfall 11 1 :I' 1 4' ' SCALE Outfall 11 81 1 1:24,000 i Quad: Charlotte E, NC