HomeMy WebLinkAbout20200278 Ver 1_CAMA Application_20200219 (5)11-tT6Wymkr �
Hales, Jason C.
From:
Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
Sent:
Thursday, January 16, 2020 11:01 AM
To:
Hales, Jason C.
Cc:
Boone, Kelly
Subject:
RE: Northwest Water Treatment Plant - Request for Preliminary Jurisdictional
Determination
Jason,
If I can fit it In earlier or do a desk top review on it, I'll let you know.
-----Original Message -----
From: Hales, Jason C. [mailto:halesjc@cdmsmith.com]
Sent: Thursday, January 16, 2020 10:04 AM
To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
Cc: Boone, Kelly <BooneKR@cdmsmith.com>
Subject: [Non-DoD Source] RE: Northwest Water Treatment Plant - Request for Preliminary Jurisdictional Determination
That is great. Thank you. As always there is a bit of pressure on this one. I should have gotten this to you much earlier.
Definitely keep us on the radar. It is a very accessible site.
Jason Hales, PWS
Coastal Wetland Scientist
CDM Smith 15400 Glenwood Ave., Suite 400 1 Raleigh, NC 27612
t: 919.325.3588 1 c: 910.520.18321 halesjc@cdmsmith.com
-----Original Message -----
From: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
Sent: Thursday, January 16, 2020 9:58 AM
To: Hales, Jason C. <halesjc@cdmsmith.com>
Cc: Boone, Kelly <BooneKR@cdmsmith.com>
Subject: RE: Northwest Water Treatment Plant - Request for Preliminary Jurisdictional Determination
Let's go ahead and get you on the calendar before it fills up
So March 10, 2020 at 10:00? RECEIVED
Gary FEB 1 0 2020
-----Original Message -----
From: Hales, Jason C. [mailto:halesjc@cdmsmith.com] DCM WILMINGTON, NC
Sent: Thursday, January 16, 2020 9:45 AM
To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army. mil>
Cc: Boone, Kelly <BooneKR@cdmsmith.com>
Subject: [Non-DoD Source] RE: Northwest Water Treatment Plant - Request for Preliminary Jurisdictional Determination
Thank you Gary. I'm always available if someone cancels or you free up sometime.
Jason Hales, PWS
Coastal Wetland Scientist
CDM Smith 15400 Glenwood Ave., Suite 400 1 Raleigh, NC 27612
t: 919.325.3588 1 c: 910.520.18321 halesjc@cdmsmith.com
-----Original Message -----
From: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
Sent: Thursday, January 16, 2020 9:42 AM
To: Hales, Jason C. <halesjc@cdmsmith.com>
Cc: Boone, Kelly <BooneKR@cdmsmith.com>
Subject: RE: Northwest Water Treatment Plant - Request for Preliminary Jurisdictional Determination
Jason,
I received the PJD request on December 30, 2019 (all 3 of them)
I think the earliestfield date would be March 10, 2020
Gary
-----Original Message -----
From: Hales, Jason C. [mailto:halesjc@cdmsmith.com]
Sent: Friday, January 10, 2020 9:32 AM
To: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
Cc: Boone, Kelly <BooneKR@cdmsmith.com>
Subject: [Non-DoD Source] RE: Northwest Water Treatment Plant - Requestfor Preliminary Jurisdictional Determination
Hi Gary. I wanted to make sure you received this request. I hope I have your correct e-mail. Kelly and I have an ePCN for
this project filled out if you would like us to send it as well. Please just let us know how you would like to proceed. Thank
you.
Jason Hales, PWS
Coastal Wetland Scientist
CDM Smith 15400 Glenwood Ave., Suite 400 1 Raleigh, NC 27612
t: 919.325.3588 1 c: 910.520.1832 1 halesjc@cdmsmith.com <mailto:halesjc@cdmsmith.com>
From: Hales, Jason C.
Sent: Monday, December 30, 2019 9:48 AM
To: Gary.H.Beecher@usace.army.mil
Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Boone, Kelly <BooneKR@cdmsmith.com>
Subject: Northwest Water Treatment Plant- Request for Preliminary Jurisdictional DetermiREQE(VED
FEB 10 2020
DCM WILMINGTON, NC
Good morning Gary. Hope you had a good Christmas. Attached is the PJD request for the Northwest Water Treatment
Plant Expansion and Upgrades and Concentrate Discharge Pipeline Project. It is separated into 3 pdfs to keep it under
10M13. Two following e-mails. I understand it is still the Holidays so please keep me posted. Please let me know if you
have any questions or need anything. Thank you.
Jason Hales, PWS
Coastal Wetland Scientist
CDM Smith 15400 Glenwood Ave., Suite 400 1 Raleigh, NC 27612
t: 919.325.3588 1 c: 910.520.1832 1 halesjc@cdmsmith.com <mailto:halesjc@cdmsmith.com>
RECEIVED
FEB 10 V
DCM WILMINGTON, NC
►o I IEI WA MA,
Boone, Kelly
From: Young, Brianna A <Brianna.Young@ncdenr.gov>
Sent: Monday, June 24, 2019 9:16 AM
To: Boone, Kelly
Cc: Hennessy, John
Subject: FWS response to endangered species for Northwest WTP
Good morning Kelly,
As mentioned at the meeting held last week, below is the response we received from the FWS concerning endangered
species for the Northwest WTP permit application. Please forward to all appropriate individuals.
If there is potential suitable habitat for Cooley's meadowrue and/or Rough -leaved loosestrife in the project area the
plant surveys will need to be completed during the appropriate time of year
(https://www.fws.gov/raleigh/pdfs/Or)timal Survey Windows for listed olants.odf)as they were conducted outside of
the survey window for these plants. In January or March it would be extremely difficult to see the plants due to winter
die off. Rare plants such as Rough -leaved loosestrife is often found along cleared right-of-ways so they should not be
discounted when determining if suitable habitat is present.
Thank you,
Brianna Young
Environmental Specialist II
Compliance and Expedited Permitting Branch
Division of Water Resources
Department of Environmental Quality
Office: 919-707-3619
Brianna Youna(EDnodenr.aov
Mailing address:
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
RECEIVED
FEB 10 2020
DCM WILMINGTON, NC
cspmith
Memorandum
From: Jason Hales, PWS, CDM Smith
Date: January 29, 2020
Subject: Biological Assessment -Brunswick County Northwest Water Treatment Plant
(NWTP) Upgrade and Expansion Project— Protected Species Survey
Introduction
This Biological Assessment (BA), prepared by CDM Smith on behalf of Brunswick County Public
Utilities for the Northwest Water Treatment Plant (NWTP) Upgrade and Expansion Project,
addresses the proposed action in compliance with Section 7 of the Endangered Species Act (ESA) of
1973 (Title 16 United States Code [U.S.C.] § 1536 (c)), as amended.
Section 7 of the ESA requires that, through consultation (or conferencing for proposed species)
with the USFWS, federal actions do not jeopardize the continued existence of any threatened,
endangered, or proposed species or result in the destruction or adverse modification of critical
habitat. Not all threatened and endangered species that occur in North Carolina are subject to
section 7 consultation with the USFWS. Atlantic and shortnose sturgeon, sea turtles, when in the
water, and certain marine mammals are under purview of the National Marine Fisheries Service.
This BA evaluates the potential effects of the proposed project on species that are listed under
Section 7 of the ESA. Habitat assessments and field species surveys were conducted in January 2019
and March 2019, during the wetland delineation of the project study area (PSA), and in June 2019
and July 2019, during the U.S. Fish and Wildlife Service (USFWS) recommended survey windows for
the federally threatened Cooley's Meadowrue (Thalictrum cooleyi) and Rough -leaved Loosestrife
(Lysimachia asperulaefolia). Potential habitat for Cooley's Meadowrue and Rough -leaved
Loosestrife was observed in the project area in ecotones of the intermittent drainages and wetlands
along the roadside ditches and rights -of -way. Cooley's Meadowrue and Rough -leaved Loosestrife
individuals were not observed during the field surveys.
Project Description
The NWTP upgrade and expansion project is located in Leland, North Carolina (Figure 1). The PSA
includes the water treatment plant (WTP) site, proposed raw water transmission main corridor
from the existing Lower Cape Fear Water and Sewer Authority raw water main to the WTP, and
along the proposed concentrate discharge pipeline corridor and outfall to the Cape Fear River
(Figure 2).
RECEIVED
DCM WILMI NGTON, NC
FEB 1 0 2020
Page 2
Existing Environment
Habitat and land use types within the PSA include paved roadways, maintained right-of-ways,
utility lines and maintained easements, residences, uplands, wetlands, streams and the Cape Fear
River. Forested uplands along the raw water main, at the WTP and along the concentrate discharge
pipeline corridor contain primarily immature stands of loblolly pine, long leaf pine, water oak,
sweet gum, red maple and tulip poplar. Most of these areas are in active silviculture production
with planted pine tree species ranging from approximately twenty to forty years in age. Adjacent to
the Cape Fear River are stands of mature red oak species with a few mature loblolly pines. Wetland
areas include high pocosin along the raw water main corridor, Clearwell Drive and on the northern
property; bay forest in the Carolina bays on Mt. Misery Road; coastal plain small stream swamp
adjacent to the stream features crossing Hooper Road and on the northern property; and emergent
wetlands in the maintained areas in the road right-of-ways and along the raw water main corridor.
The remaining portion of the alignment is outside of wetlands, and the property consists of wooded
land and residences. The high pocosin has a dense undergrowth of fetter -bush, large gallberry, ink
berry and blueberry with a sparse canopy of loblolly pine, pond pine and laurel bay. The bay forest
contains a sparse understory with thick greenbrier and a dense canopy of young red maples,
loblolly pine and sweet gum. The coastal plain small stream swamp consists of mostly hardwood
trees including black gum, water oaks, and red maples, along with cane and ferns in the understory.
The emergent wetlands contain species of rush and various grasses. Representative photos are
included.
Federally Protected Resources
A list of threatened, endangered, proposed and candidate species, as well as proposed and final
designated critical habitat, that may occur within the boundary of the proposed project and/or may
be affected by the proposed project was provided for the survey area by the USFWS through the
ECOS-IPaC system on April 4th, 2019 (Attachment A). Field reconnaissance surveys for the USFWS
federally protected threatened and endangered species on the list were conducted by CDM Smith
within the project area on January 4th and 17th, 2019; March 4th and 14th, 2019; June 27th, 2019; and
July 12th and 19th, 2019. Species that are endangered (E), threatened (T), candidate (C) and/or
threatened due to similarity of appearance (SAT) on the list provided for the survey area is
summarized in Table 1 below.
Table 1. USFWS Species List for the NWTP Upgrade and Expansion Project - April 411, 2019
IVED
DCM WILMINGTON, NC
FEB 1 0 2020
Page 3
Group
Coninion Naine
Red -cockaded
Woodpecker
Scientific Name
Picoides borealis
Status
Endangered
Wood Stork
Mycteria americana
Threatened
Reptiles
American Alligator
Alligator mississippiensis
SAT
Green Sea Turtle
Chelonia mydas
Threatened
Hawksbill Sea Turtle
Eretmochelys imbricata
Endangered
Kemp's Ridley Sea Turtle
Lepidochelys kempii
Endangered
Leatherback Sea Turtle
Dermochelys coriacea
Endangered
Loggerhead Sea Turtle
Caretta caretta
Threatened
Snails
Magnificent Ramshorn
Planorbella magnifica
Candidate
Flowering
Plants
Cooley's Meadowrue
Thalictrum cooleyi
Endangered
Rough -leaved
Loosestrife
Lysimachia
as erulae olia
Endangered
Seabeach Amaranth
Amoranthus pumilus
Threatened
Results RECEIVED
The following outlines the findings from the field reconnaissance surveys. DCM WILMINGTON, NC
Mammals FEB 1 0 2020
West Indian Manatee
USFWS Recommended Survey Window: April 1 to July 31
Species Description: Most adult Manatees are about 10 feet long and weigh 800 to 1,200 pounds,
although some larger than 12 feet and weighing as much as 3,500 pounds have been recorded.
These "gentle giants" have tough, wrinkled brown -to -gray skin that is continuously being sloughed
off. Hair is distributed sparsely over the body. With stiff whiskers around its mouth, the manatee's
face looks like a walrus without tusks.
Habitat: Manatees move between freshwater, brackish, and saltwater environments. They prefer
large, slow -moving rivers, river mouths, and shallow coastal areas such as coves and bays. The
Page 4
animals may travel great distances as they migrate between winter and summer grounds. During
the winter, Manatees congregate around warm springs and around power plants that discharge
warm water. During summer months, they have occasionally been seen as far north as Virginia and
Maryland.
Effects: Suitable habitat for the West Indian manatee is not present in the project area. The
proposed project will have no effect on this species.
Biological Conclusion: no effect
Birds
Piping Plover (Charadrius melodus) —Threatened
USFWS Recommended Survey Window: year-round.
Species Description: The Piping Plover is a small, stocky shorebird resembling a sandpiper. The
adults weigh 1.5 to 2 ounces, have a length of 7 inches, and a wingspread of 15 inches. Both sexes
are similar in size and color; upper parts are pale brownish, underparts are white. A black band
across the forehead over the eye, and a black ring around the base of the neck are distinguishing
marks in adults during the summer that are obscure during the winter.
Habitat Assessment: Piping Plovers nest along the sandy beaches of the Atlantic Coast, the gravelly
shorelines of the Great Lakes, and on river sandbars and alkali wetlands throughout the Great
Plains region. They prefer to nest in sparsely vegetated areas that are slightly raised in elevation
(like a beach berm). Piping Plover breeding territories generally include a feeding area; such as a
dune pond or slough, or near the lakeshore or ocean edge. These birds are primarily coastal during
the winter, preferring areas with expansive sand or mudflats (feeding) in close proximity to a sandy
beach (roosting).
Effects: Suitable habitat for the Piping Plover is not present in the project area. The proposed
project will have no effect on this species.
RECEIVED
Biological Conclusion: no effect DCM WILMINGTON, NO
Red Knot (Calidris canutus rufa) - Threatened
USFWS Recommended Survey Window: year-round.
FEB 1 0 2020
Species Description: The Red Knot is 25-28 cm in length. Adults in spring are finely mottled with
grays above, black and light ochre, running into stripes on crown; throat, breast and sides of head
cinnamon -brown; dark gray line through eye; abdomen and undertail coverts white; uppertail
coverts white, barred with black. Adults in winter are pale ashy gray above, from crown to rump,
with feathers on back narrowly edged with white; underparts white, the breast lightly streaked and
Page 5
speckled, and the flanks narrowly barred with gray. Adults in autumn the underparts of some
individuals show traces of the "red" of spring.
Habitat Assessmgntm The Red Knot is a large sandpiper characterized by reddish head and breast
during breeding plumage and gray the remaining year. They average 9-10 inches in length with
wingspans of 20-22 inches. They make one of the longest known migrations that extends upwards
of 9,300 miles from the Artic to southern South America. They breed in dry tundra areas and are
found along intertidal, marine habitats (i.e. coastal inlets, estuaries, and bays) the remaining time.
Effects: Suitable habitat for the Red Knot is not present in the project area. The proposed project
will have no effect on this species.
Biological Conclusion: no effect
Red -cockaded woodpecker (Picoides borealis) — Endangered
USFWS Recommended Survey Window: April 1 to July 31
Species Description: The red -cockaded woodpecker (RCW) is a small black -and -white woodpecker
with black wings, a black cap, a dull white breast with small black spots, and a barred, black -and -
white back; a conspicuous large white cheek patch on each side of the head; red streaks
("cockades") on either side of the head of adult males that barely are visible; and small white spots
arranged in horizontal rows along the back conveying a "ladder -back" appearance.
Habitat: RCW typically occupy open, mature stands of southern pines, particularly longleaf pine, for
foraging and nesting/roosting habitat. RCW excavate cavities for nesting and roosting in living pine
trees, aged 60 years or older, and which are contiguous with pine stands at least 30 years of age to
provide foraging habitat. Suitable foraging habitat consists of large mature pines with little or no
mid -story and abundant herbaceous ground cover including native bunchgrasses and forbs. The
historical range of this species included Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi,
North Carolina, Oklahoma, South Carolina, Texas and Virginia.
Effects: Some suitable RCW foraging habitat is present in the PSA within the areas of planted
loblolly and longleaf pines. However, no suitable nesting habitat was present within the study area
or contiguous to the stands within the study area. Stands within and adjacent to the source line, the
treatment plant and along the discharge corridor are immature and contain a substantial
understory component. The proposed route is primarily with in the roadway right-of-way corridor
with minimal tree clearing. The proposed project will have no effect on this species.
Biological Conclusion: no effect
DCM WILMING ON, NC
FEB 1 0 2029
Page 6
Wood Stork (Mycteria americana) - Threatened
USFWS Recommended Survey Window: June - September
Species Description: Wood storks are large, long-legged wading birds, about 50 inches tall, with a
wingspan of 60 to 65 inches. The plumage is white except for black primaries and secondaries and a
short black tail. The head and neck are largely un-feathered and dark gray in color. The bill is black,
thick at the base, and slightly decurved. Immature birds are dingy gray and have a yellowish bill.
Habitat: Wood storks typically nest in the upper branches of black gum or cypress trees that are in
standing water. Standing water deters mammalian predators and is an essential element of colony
sites. Wood storks require open access to nest trees and are frequently found in trees adjacent to
open water areas. Wood storks frequently feed in large groups in open wetlands where prey
species are available and water depths are less than 20 inches. Forested riverine floodplain habitats
are frequently used, but a variety of ponds, ditches and diked marsh impoundments are important
habitats.
Effects: The shoreline of the Cape Fear River could provide foraging habitat for wood storks in the
project area. The Cape Fear River is a relatively high flow system and contains deep water along the
bank in the project area. This habitat is not optimal foraging habitat for wood storks. Potential
impacts to the shoreline of the Cape Fear River would be limited in size and duration for the
discharge pipe installation. Abundant higher quality wood stork foraging habitat is available in the
slower, shallower waters of the smaller tributary streams off the main river channel. The proposed
project will have no effect on this species.
Biological Conclusion: no effect
Reptiles
American Alligator (Alligator mississippiensis) - Similarity of Appearance (Threatened)
USFWS Recommended Survey Window: year-round (only warm days in winter)
Species Description: The American alligator is a large, semi -aquatic, armored reptile that is related
to crocodiles. Their body ranges from 6 - 14 feet long. Almost black in color, it has prominent eyes
and nostrils with coarse scales over the entire body. It has a large, long head with visible upper
teeth along the edge of the jaws. Its front feet have 5 toes, while rear feet have 4 toes that are
webbed.
Habitat Assessment: American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers,
swamps, bayous, canals, and large spring runs. They often bask on partially submerged logs or on
land next to the water. Alligators dig dens in river or lake margins or in marshes; they spend cold
winter and drought periods in the den. RECEIVED
DCM WILMINGTON, NC
FEB 1 o 2020
Page 7
Effects: The American alligator is listed as threatened due to its similarity in appearance to the
American crocodile, which is extremely rare and is listed for its protection. Taxa listed as T(S/A) are
not biologically endangered or threatened and are not subject to Section 7 consultation. The
proposed project will have no effect on this species.
Biological Conclusion: no effect
Green Sea Turtle (Chelonia mydas) - Threatened
USFWS Recommended Survey Window: April - August
Species Description: The green sea turtle grows to a maximum size of about 4 feet and a weight of
440 pounds. It has a heart -shaped shell, small head, and single -clawed flippers. Color is variable.
Hatchlings generally have a black carapace, white plastron, and white margins on the shell and
limbs. The adult carapace is smooth, keelless, and light to dark brown with dark mottling; the
plastron is whitish to light yellow. Adult heads are light brown with yellow markings. Identifying
characteristics include four pairs of costal scutes, none of which borders the nuchal scute, and only
one pair of prefrontal scales between the eyes.
Habitat Assessment: Green sea turtles are generally found in fairly shallow waters (except when
migrating) inside reefs, bays, and inlets. The turtles are attracted to lagoons and shoals with an
abundance of marine grass and algae. Open beaches with a sloping platform and minimal
disturbance are required for nesting. Green sea turtles apparently have a strong nesting site fidelity
and often make long distance migrations between feeding grounds and nesting beaches. Hatchlings
have been observed to seek refuge and food in Sargassum rafts.
Effects: Suitable habitat for green sea turtles is not present in the project area. The proposed project
will have no effect on this species.
Biological Conclusion: no effect
Hawksbill Sea Turtle (Eretmochelys imbricate) - Endangered
USFWS Recommended Survey Window: April - August
Species Description: The Hawksbill sea turtle is one of seven species of sea turtles found throughout
the world. One of the smaller sea turtles, it has overlapping scutes (plates) that are thicker than
those of other sea turtles. This protects them from being battered against sharp coral and rocks
during storm events. Adults range in size from 30 to 36 inches carapace length and weigh 100 to
200 pounds. Its carapace is an attractive dark brown with faint yellow streaks and blotches and a
yellow plastron. The name "hawksbill" refers to the turtle's prominent hooked beak.
Habitat Assessment: The Hawksbill sea turtle is highly migratory and utilize the waters of more
than one country in their lifetimes. Thus, they share resources among many nations. liawks�jll Sea
DCM WILMINOl ON, NC
FEB 1 0 2020
Page 8
Turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal waters for
foraging and migratory habitat during certain stages of their life history.
Effects: Suitable habitat for Hawksbill sea turtles is not present in the project area. The proposed
project will have no effect on this species.
Biological Conclusion: no effect
Kemp's Ridley Sea Turtle (Lepidochelys kempii) - Endangered
USFWS Recommended Survey Window: April - August
Speciesscription: The Kemp's Ridley turtle is the smallest of the sea turtles, with adults reaching
about 2 feet in length and weighing up to 100 pounds. The adult Kemp's Ridley has an oval carapace
that is almost as wide as it is long and is usually olive -gray in color. The carapace has five pairs of
costal scutes. In each bridge adjoining the plastron to the carapace, there are four inframarginal
scutes, each of which is perforated by a pore. The head has two pairs of prefrontal scales. Hatchlings
are black on both sides. The Kemp's Ridley has a triangular -shaped head with a somewhat hooked
beak with large crushing surfaces. This turtle is a shallow water benthic feeder with a diet
consisting primarily of crabs.
Habitat Assessment: Kemp's Ridley sea turtles occur in the Atlantic Ocean and the Gulf of Mexico.
The females come ashore only to lay eggs.
Effects: Suitable habitat for Kemp's Ridley sea turtles is not present in the project area. The
proposed project will have no effect on this species.
Biological Conclusion: no effect
Leatherback Sea Turtle (Dermochelys coriacea) - Endangered
USFWS Recommended Survey Window: April - August
Species Description: The Leatherback sea turtle is the largest, deepest diving, and most migratory
and wide ranging of all sea turtles. The adult leatherback sea turtle can reach 4 to 8 feet in length
and 500 to 2,000 pounds in weight. Its shell is composed of a mosaic of small bones covered by
firm, rubbery skin with seven longitudinal ridges or keels. The skin is predominantly black with
varying degrees of pale spotting, including a notable pink spot on the dorsal surface of the head in
adults. A toothlike cusp is located on each side of the gray upper jaw; the lower jaw is hooked
anteriorly. The paddle -like clawless limbs are black with white margins and pale spotting.
Habitat Assessment: The Leatherback sea turtle is highly migratory and utilize the waters of more
than one country in their lifetimes. Thus, they share resources among many nations. Leatherback
sea turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal w ters jqr."
foraging and migratory habitat during certain stages of their life history.
DCM WILMIi iG-1 ON, NO
FEB z 11 2020
Page 9
Effects: Suitable habitat for Leatherback sea turtles is not present in the project area. The proposed
project will have no effect on this species.
Biological Conclusion: no effect
Loggerhead Sea Turtle (Caretta caretta) — Threatened
USFWS Recommended Survey Window: April - August
Species Description: Loggerhead sea turtles were named for their relatively large heads, which
support powerful jaws and enable them to feed on hard -shelled prey, such as whelk and conch. The
carapace is slightly heart -shaped and reddish -brown in adults and sub -adults, while the plastron is
generally a pale yellowish color. The neck and flippers are usually dull brown to reddish brown on
top and medium to pale yellow on the sides and bottom. Weight of adults in the southeastern U.S. is
approximately 250 pounds.
Habitat Assessment: The Loggerhead sea turtle is highly migratory and utilize the waters of more
than one country in their lifetimes. Thus, they share resources among many nations. Loggerhead
sea turtles regularly nest on beaches within the U.S. and all depend upon U.S. coastal waters for
foraging and migratory habitat during certain stages of their life history.
Effects: Suitable habitat for Loggerhead sea turtles is not present in the project area. The proposed
project will have no effect on this species.
Biological Conclusion: no effect
Snails
Magnificent Ramshorn (Planorbella magnifica) — Candidate
USFWS Recommended Survey Window: year-round.
Species Description: The Magnificent Ramshorn is a freshwater snail. It has relatively thin brown to
horn colored shell with leopard -like spots and is fragile. The center of the shell is deeply sunken on
each side, with coils having steep slopes which form acute to sub -acute angles on the outside edges
of the coils. The aperture of the shell is somewhat bell -shaped and very wide, extending beyond the
sides of the shell.
Habitat Assessment: The Magnificent Ramshorn is believed to be a southeastern North Carolina
endemic. Available information indicates that suitable habitat for the species is restricted to
relatively shallow, sheltered portions of still or sluggish, freshwater bodies with an abundance and
diversity of submerged aquatic vegetation. The species is known from only four sites in the lower
Cape Fear River Basin in North Carolina, all ponds with floating aquatic vegetation, Orton Pond,
Greenfield Lake, a millpond on Sand Hill Creek in Brunswick County and possibly a captive, refuge
R►LCEIVED
DCM WILMINGTON, NC
FEB l 0 2.020
Page 10
population created by Dr. Andy Woods UNCW. The last observed living specimen in the wild was in
Orton Pond in 1986.
Effects: Suitable habitat for the Magnificent Ramshorn is not present in the project area. The
proposed project will have no effect on this species.
Rininvical Conclusion: no effect
Plants
USFWS Recommended Survey Window: mid -June through early July
Cooley's Meadowrue (Thalictrum cooleyi) — Endangered
Species Descriptions Cooley's meadowrue is a perennial herb which grows from a rhizome. The
stems are usually 3.3 feet in height, but sometimes grow as high as 6.6 ft on recently burned sites.
Under ideal conditions, in full sun, these stems are erect; however, when shaded they are lax and
may trail along the ground or lean on other plants. The compound green leaves are divided into
three parts and the leaflets are lance -shaped and less than 2 centimeters long. The plant has both
basal and stem leaves. All parts of the plant are glabrous, having virtually no hairs or glands. Each
plant is unisexual, and the male to female ratio is 3 to 1. The flowers have no petals. The sepals on
the male plants are pale yellow to white. There are numerous stamens, and the filaments are pale
lavender. Female plants have green sepals, and their short -stalked, ribbed carpels develop into
narrowly ellipsoidal achenes. Cooley's meadowrue flowers in mid -June to early July. The fruits are
spindle -shaped carpels which develop into 6 millimeters long achenes, maturing in August or
September, and remaining on the plant into October. If the plants grow in partial shade instead of
full sun, flowering may be delayed by as much as two weeks.
Habitat Assessment: Cooley's meadowrue, occurs in circumneutral soils in sunny, moist to wet
grass -sedge bogs, wet -pine savannas over calcareous clays, and savannah -like areas, often at the
ecotones of intermittent drainages or non-riverine swamp forests. This rhizomatous perennial herb
is also found along plowed firebreaks, roadside ditches and rights -of -way, forest clearings
dominated by grass or sedge, and power line or utility rights -of -way. The species requires some
type of disturbance (e.g., mowing, clearing, periodic fire) to maintain its open habitat. The plant
typically occurs on slightly acidic (pH 5.8-6.6) soils that are loamy fine sand, sandy loam, or fine
sandy loam; at least seasonally moist or saturated. Plants often found growing with Cooley's
meadowrue include tulip poplar bald cypress and Atlantic white cedar. Foreston, Griffon, Muckalee,
Torhunta, and Woodington are some of the soil series in which that the plant occurs.
Effects: Suitable habitat for Cooley's meadowrue is present in the project area. Ecotones of
intermittent drainages and non-riverine swamp forests, including bay forest and pocosin; roadside
ditches and rights -of -way; and power line or utility rights -of -way are present in the prjolLct,areaf V E ID
The ecotone transitions are in mapped upland and wetland fine sandy soils. Two iJ%gpjt]q %1jj JuTON, NC
FEB 1 0 2020
Page 11
drainages with wetlands are located along the source line. The wetlands are emergent and
maintained as a right-of-way. Two similar intermittent drainages are located on Clearwell Drive.
These drainages have emergent wetlands in the right-of-way along Clearwell Drive and pocosin
vegetation beyond the right-of-way. In between Clearwell Drive and Hooper Road, Mt. Misery Road
crosses two bay forests with emergent wetlands in the right-of-way. On Hooper Road, there is a
perennial drainage with forested bottomland hardwood wetlands and emergent wetlands in the
right-of-way. The northern property has two intermittent drainages with adjacent bottomland
hardwood wetlands. The bottomland hardwood wetlands grade uphill into pocosin wetlands. These
areas of potential habitat for Cooley's meadowrue were surveyed for species in January, March,
June and July 2019. No individuals of Cooley's meadowrue were observed during the field surveys
for this project. Therefore, the proposed project may affect, but is not likely to adversely affect this
species.
Biological Conclusion: may affect, but is not likely to adversely affect
Rough -leaved Loosestrife (Lysimachia asperulaefolia) — Endangered
USFWS Recommended Survey Window: mid -May through September
Species Description: Rough -leaved loosestrife is a perennial herb that grows 30 - 60 cm tall. The
triangular shaped leaves are often opposite on shorter stems (less than 30 cm tall) and tend to be
arranged in whorls of three or four encircling taller stems. The leaves are widest at the base (0.8 -
2.0 cm wide) and have three prominent veins. Contrary to the common name, the leaf surfaces are
smooth to the touch. The yellow flowers are 1.5 cm across with yellow -orange anthers and occur on
terminal racemes that are 3 -10 cm long. Flowering occurs from mid -May through June, with fruits
(capsules) present from July through October. Since only a few stems in each population flower in
any given year, surveyors should look for the leaves rather than yellow flowers. Stipitate glands are
usually present on most parts of the plant.
Habitat Assessment: Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North
and South Carolina, generally occurs in the ecotones or edges between longleaf pine uplands and
pond pine pocosins on moist to seasonally saturated sands and on shallow organic soils overlaying
sand. Rough -leaved loosestrife has also been found on deep peat in the low shrub community of
large Carolina bays. The grass -shrub ecotone, where Rough -leaved loosestrife is found, is fire -
maintained, as are the adjacent plant communities (longleaf pine - scrub oak, savanna, flatwoods,
and pocosin). Suppression of naturally -occurring fire in these ecotones results in shrubs increasing
in density and height and expanding to eliminate the open edges required by this plant. Several
populations are known from roadsides and power line rights of way where regular maintenance
mimics fire and maintains vegetation so that herbaceous species are open to sunlight. Blaney,
Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil
series in which the plant occurs.
DCMI WII M,IIIJ —0N, NC
FEB l o 2020
Page 12
Effects: Suitable habitat for Rough -leaved loosestrife is present in the project area. The ecotone
habitats in the project area discussed above for Cooley's meadowrue are potential habitat for
rough -leaved loosestrife. The upland ridges associated with these areas are mapped Baymeade
soils. Baymeade and other xeric sandy soils are associated with long leaf pine communities. Though
not the dominant species, long leaf pines are present in some upland communities of the ecotones.
These areas of potential habitat for Rough -leaved loosestrife were surveyed for species in January,
March, June and July 2019. No individuals of Rough -leaved loosestrife were observed during the
field surveys for this project. Therefore, the proposed project may affect, but is not likely to
adversely affect this species.
Biological Conclusion: may affect, but is not likely to adversely affect
Seabeach Amaranth (Amaranthus pumifus) —Threatened
USFWS Recommended Survey Window: July through October
Species Description: Seabeach amaranth is an annual plant found on the dunes of Atlantic Ocean
beaches. The stems are fleshy and pinkish -red or red, with small rounded leaves. The leaves, with
indented veins, are clustered toward the tip of the stem and have a small notch at the rounded tip.
Flowers and fruits are relatively inconspicuous, borne in clusters along the stems. Germination
occurs over a relatively long period of time, generally from April to July. Upon germination, the
species forms a small unbranched sprig, but soon begins to branch profusely into a clump. This
clump often reaches 30 cm in diameter and consists of five to 20 branches. Occasionally, a clump
may get as large as a meter or more across, with 100 or more branches.
Habitat Assessment: Seabeach amaranth occurs on barrier island beaches, where its primary
habitat consists of overwash flats at accreting ends of islands and lower foredunes and upper
strands of non -eroding beaches. It occasionally establishes small temporary populations in other
habitats, including sound -side beaches, blowouts in foredunes, and sand and shell material placed
as beach replenishment or dredge spoil. Seabeach amaranth appears to be intolerant of competition
and does not occur on well -vegetated sites. The species appears to need extensive areas of barrier
island beaches and inlets, functioning in a relatively natural and dynamic manner. These
characteristics allow it to move around in the landscape as a fugitive species, occupying suitable
habitat as it becomes available.
Effects: Suitable habitat for the Seabeach amaranth is not present in the project area. The proposed
project will have no effect on this species.
Biological Conclusion: no effect
DW WIL.N11i:U71 ON, NC
FEB 1 0 2020
Page 13
Critical Habitat
Critical habitat within the boundary of the proposed project area under USFWS jurisdiction was not
listed on April 41h, 2019 letter provided for the survey area by the USFWS.
Conclusions and Determination
Cooley's Meadowrue and Rough -leaved Loosestrife are the only species which may be affected by
the proposed project. Potential habitat for both species is present within the PSA, however Cooley's
Meadowrue and Rough -leaved Loosestrife were not observed during the field surveys. The
proposed project is designed primarily within the existing road right-of-way and potential impacts
to un maintained areas will be the minimum for the treatment plant upgrade and expansion project.
Trenchless construction methods will also be used to cross stream and wetland areas where
practicable. Therefore, the proposed project may affect, but is not likely to adversely affect these
species. None of the species on the list provided by the USFWS for the survey area on April 4th, 2019
were seen during the on -site surveys. Based on minimal planned impacts and no observations of
the listed species during the field surveys, the proposed action will not adversely affect any
threatened or endangered species or critical habitats currently listed by the USFWS.
Completed by: 1/29/2020
Jason Hales, PWS, CDM Smith Date
Biologist
Attachments: Photographs
Figure 1. Project Vicinity Map
Figure 2. Project Study Area Map
USFWS [PaC Report Letter, April 42h, 2019
Fi t _s: "=IVL' D
DCM WILMING T CAN, NC
FEB 1 0 2020
Page 14
Photographs
Photo 1: Cape Fear River and upland community in northern portion of the project area.
Photo 2: Small stream and adjacent small stream swamp wetlands in northern portion of the
project area.
DCM WILMINGTON, NC
FEB 1 o 2020
�.l SjAa 9■l� l� �{lr� l �l
4 �
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Page 17
Photo 7: Right-of-way on Hopper Road with thin strip of emergent wetland.
Photo 8: Emergent wetland in powerline adjacent to Mt. Misery Road.
RLGCfVED
DCM WILMINGTON, NC
FEB 1 0 2020
Page 18
Photo 9: Emergent wetland in small Carolina Bay adjacent to Mt Misery Road.
Photo 10: Forest wetlands/intermittent stream drainage on northern property.
F,._ ,,..
DCfv VVILWjiNIGi7t:iiV, NC
FEB 1 0 2020
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Figure 1. Project Vicinity map
Northwest WTP Expansion Site
Brunswick County, North Carolina
CDM Project No. 232662
Smith
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DCM WILMIN"o' l�i.)tJ; h4".
Figure 2. Project Study Area map
Northwest WTP Expansion Site
Brunswick County, North Carolina
CDM Project No. 232662
FEB 1 ® 2020
0 850 1,700 3,400
Feet
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2019-SLI-0736
Event Code: 04EN2000-2019-E-01664
Project Name: Northwest Water Treatment Plant
April 04, 2019
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
RECEIVED
DCM WILMINGTON, NO
FFo 1 n
04/04/2019 Event Code:04EN2000-2019-E-01664
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
Www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and hM2://www fws gov/migratorybirds/CurrentBirdissues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.mnfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office atjohn ellis@fws.gov. s a :-=: 1 '<
DCM V'VILMING- OiN, NC
FEB 1 0 2020
04/04/2019 Event Code:04EN2000-2019-E-01664
Attachment(s):
• Official Species List
NC
FEB 1 0 20K0
04/04/2019 Event Code'04EN2000-2019-E-01664
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919)856-4520
DCMI VJIL.kliid. �; C)N, NC
FEB 1 o 1010
04/04/2019 Event Code:04EN2000-2019-E-01664
Project Summary
Consultation Code: 04EN2000-2019-SLI-0736
Event Code: 04EN2000-2019-E-01664
Project Name: Northwest Water Treatment Plant
Project Type: WATER SUPPLY / DELIVERY
Project Description: Expansion of the Brunswick County Northwest Water Treatment Plant to
allow greater removal of emerging contaminants (e.g., GenX, Nafion
Byproducts 1 and 2, other perfluoroalkyl substances (PFAS), and
numerous other contaminants) that can be found in the source raw water.
Project Location:
Approximate location of the project can be viewed in Google Maps: httns:////
www google com/inal2s/place/34 31762438272368N78.08880602792922W
s
C.i��F ti
Counties: Brunswick, NO
2
DCM WILMINu ON, NO
FEB 1 0 2020
04/04/2019 Event Code: 04EN2000-2019-E-01 664
Endangered Species Act Species
There is a total of 15 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species. Your location is outside the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https•flecos.fws.gov/ecp/species/4469
F?i[ GL-=jVJ_ID
DCM WILMING T ON, NC
FLB 1 0 2020
04/04/2019 Event Code:04EN2000-2019-E-01664
Birds
NAME
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations) - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws goy/ec�species/6039
Red Knot Calidris canutus rufa
No critical habitat has been designated for this species.
Species profile: haps,Hecos fws goy/ecp/sl2ecies/1864
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: httpr//ecos fws gov/ecp/species/7614
Wood Stork Mycteria americana
Population: AL, FL, GA, MS, NC, SC
No critical habitat has been designated for this species.
Species profile: htWs•//ecos fws gov/ecp/species/8477
STATUS
Threatened
Threatened
Endangered
Threatened
r i1_itt �'Gi.l
DCM WILNdiJGi ON, NC
04/04/2019
Event Code: 04EN2000-2019-E-01664
Reptiles
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: httpsi//ecos fws gov/ecp/sl2ecies/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
No critical habitat has been designated for this species.
Species profile: https://ecos fws eov/gi "/species/6199
Hawksbill Sea Turtle Eretmochelys imbricata
Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: his,//ecos fws gov/ecp(*pecies/3656
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https�//ecos.fws.gov/ecpLspecies/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: his•//ecos fws ggv/cgpspecies/1493
Loggerhead Sea Turtle Caretta caretta Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: httnc•//ecos fws gov/ecpLsl2ecies/1110
Snails
NAME STATUS
Magnificent Ramshorn Planorbella magnifica Candidate
No critical habitat has been designated for this species.
Species profile: httos•//ecos fws og v/ee /species/6216
DCIV4 WILMING i ON, NC
FEB 1 o 2020
04/04/2019
Event Code: 04EN2000-2019-E-01664
Flowering Plants
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
Species profile: httos•fecos.fws.gov/ecp/.5pecies/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: htq2s://ccosXws.Rov/cc"/species/2242
Seabeach Amaranth Amaranthus pumilus Threatened
No critical habitat has been designated for this species.
Species profile: htti2s://ecos fws gov/Qrplsl2ecies/8549
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
DCM WIL.MING T ON, NC
FEB 1 o 2020
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Silver Spring, MD 20910
JUN 19 2019
Refer to NMFS No: OPR-2019-01188
Ms. Alaina McCurdy
WIFIA Environmental Scientist, WIFIA
Water Infrastructure Division
Office of Wastewater Management
William Jefferson Clinton Building
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
RE: Response to the Request for Concurrence Pursuant to Section 7 of the Endangered
Species Act on Consultation Code: 04EN2000-2019-SLI-0736; Water Treatment Plant
Expansion and Advanced Treatment Improvements Project Applicant: Brunswick
County, North Carolina
Dear Ms. McCurdy:
On May 21, 2019, the National Marine Fisheries Service (NMFS) received your request for a
written concurrence under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.) that Environmental Protection Agency's (EPA) Water Infrastructure Finance and
Innovation Act (33 U.S.C. §5201 et seq.) program's support of Brunswick County's Northwest
Water Treatment Plant Expansion and Advanced Treatment Improvements Project is not likely
to adversely affect species listed as threatened or endangered or critical habitats designated under
the ESA. This response to your request was prepared by NMFS pursuant to section 7(a)(2) of the
ESA, implementing regulations at (50 CFR §402), and agency guidance for preparation of letters
of concurrence.
We reviewed the consultation request document and related materials submitted by your agency.
Based on our knowledge, expertise, and the materials submitted in your request for informal
consultation, we concur with the EPA's conclusions that the proposed action is not likely to
adversely affect the NMFS ESA -listed species and/or designated critical habitat.
Specifically, we have determined that that the effects of the proposed action on Shormose and
Atlantic sturgeon and designated critical habitat for Atlantic sturgeon would be insignificant.
This determination is based on the adjustments made to the discharge to eliminate toxicity, taken
with refinement of the target dilution and demonstration that design criteria achieve compliance
with the primary nursery area/high quality water regulations and State and EPA mixing zone
requirements. While your documentation did not identify interrelated or interdependent
activities, a statement to that effect was not made in your documentation. NMFS has made the
determination for you that there are no interrelated or interdependent activities for this action.
This concludes consultation rmder the ESA for species and/or designated critical habitat under
NMFS's purview on EPA's Water Infrastructure Finance anj Innovation Act program's support
of Brunswick County's Northwest Water Treatment Plant E pansinl��PEIVE aced Treatment
Improvements Project. hf GG
FEB 10 2020 0,
a �ot
DCM WILMINGTON, NC "Q ® Printed on Recycled Paper �,� �
Reinitiation of consultation is required and shall be requested by the EPA or by NMFS where
discretionary Federal involvement or control over the action has been retained or is authorized by
law and: (a) take occurs; (b) new information reveals effects of the action that may affect listed
species or critical habitat in a manner or to an extent not previously considered in this
consultation; (c) the action is subsequently modified in a manner that causes an effect to the
listed species or critical habitat not previously considered in this consultation; or (d) if a new
species is listed or critical habitat designated that may be affected by the action (50 CFR
§402.16).
We look forward to further cooperation with you on other projects to ensure the conservation of
our threatened and endangered marine species and designated critical habitat. If you have any
questions on this consultation, please contact me at (301) 427-8495 or by email at
cathy.totorici@noaa.gov or Pat Shaw -Allen at (301)427-8473 or by email at pat.shaw-
allen@noaa.gov.
cc: Pat Shaw -Allen
Sincerely,
Cathryn E. Tortorici
Chief, ESA Interagency Cooperation Division
Office of Protected Resources
DCi.,� -_
FEB 1 0 200
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Govemor Roy Cooper
Secmtary, Susi H. Hamilton
May 31, 2019
Alaina McCurdy
US Environmental Protection Agency
Washington, DC 20460
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Brunswick County Northwest Water Treatment Plant Expansion & Advanced Treatment
Improvements, Brunswick County, ER 19-1578
Dear Ms. McCurdy:
Thank you for your letter of April 30, 2019, concerning the above project,
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review&ncdcr.eov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
✓Ramona Bartos, Deputy
V State Historic Preservation Officer
RECEIVED
FEE 9020
0CM'WILry ,.. rON. NC
Location: 109 Eastlones Svee4 Raleigh NC 27601 Mailing Addresa: 4617 btail Service (:enrer, RaleO N(:2'6994 (,l7 Tekphone/Fa : ()19) Rf17fi570/807-(,599
e'to STD, S
?� Qe UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
' WASHINGTON, D.C. 20460
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0
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41 PItQ1EGr
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 30, 2019
Renee Gledhill -Earley
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
OFFICE OF WATER
Re: Request for Concurrence on "Section 106" Compliance for the Brunswick County's Northwest
Water Treatment Plant (WTP) Expansion and Advanced Treatment Improvements Project, Brunswick
County, North Carolina; Water Infrastructure Finance and Innovation Act (WIFIA) Program
Dear Ms. Gledhill -Earley:
In accordance with Section 106 of the National Historic Preservation Act of 1996, as amended (16
U.S.C.470f), and its implementing regulation, 36 CFR 800 "Protection of Historic Properties," and as
authorized by the U.S. Environmental Protection Agency, we are initiating consultation with your office
regarding the proposed Northwest Water Treatment Plant (WTP) Expansion and Advanced Treatment
Project. Below is a summary of the project and findings. Enclosed please find the necessary
documentation per Section 800.11.
Project Descrintion
The Northwest WTP Expansion and Advanced Treatment Improvements project will result in the
following major facility improvements:
• Expansion of the Brunswick County's existing Northwest WTP facilities from 24 MGD to 45
MGD
• The addition of Low -Pressure Reverse Osmosis (LPRO) membrane treatment facilities and
associated improvements to remove contaminants of concern in the Cape Fear River source
water
• A new concentrate discharge pipeline to dispose of the waste stream from the LPRO treatment
process, approximately 4 miles in length Z
• New outfall location with permitted shoreline discharge into the Cape Fear River z
• Construction of a new 36-inch diameter raw water pipeline on the WTP property, extenat�it0 o
approximately 1,800 linear feet in length south of the WTP parallel to the existing raw wit
o
pipeline
12
• Replacement and upsize of an existing stormwater outfall located on the WTP property on the m
west side of the WTP. Approximately 650 feet of new 48-inch diameter concrete pipeline; will bId-
constructed parallel to the existing stormwater pipe and will include a new rip rap outlet.
Upgrades within the WTP including: new rapid mix basin, uprating existing clarifiers, new filter
modules, expansion and upgrades to chlorine gas and chlorine dioxide systems including new
building, new reverse osmosis building with feed pumps, cartridge filters, cleaning system, new
mineral re -stabilization facilities (lime and carbon dioxide), chemical feed pump upgrades, new
solids gravity thickener, new diesel fuel storage and emergency generator, and improvements to
electrical, instrumentation and controls, architectural, structural, HVAC and plumbing.
The Water Infrastructure Finance and Innovation Act (WIFIA) was signed into law in 2014, and
authorized the WIFIA program to be managed by EPA Headquarters. WIFIA was amended by section
1445 of the Fixing America's Surface Transportation Act of 2015 and section 5008 of the Water
Infrastructure Improvements for the Nation Act of 2016. WIFIA is a federal credit program for eligible
water and wastewater infrastructure projects. EPA selected Brunswick County to submit an application
for credit assistance for the Project. The County may also apply for State Revolving Funds (DWSRF or
CWSRF) for the Project in the future.
Purpose/Obiective
A purpose of the project is to protect public health and ensure access to clean safe drinking water by
constructing an advanced water treatment process (LPRO) at the Northwest WTP to remove emerging
contaminants that have been discovered in the source water of the Cape Fear River. These contaminants
include per- and polyfluoroalkyl substances (PFAS), 1,4-dioxane, herbicides, endocrine disruptors, and
other pharmaceutical and personal care products (PPCPs). It has been determined that many of these
contaminants are not being removed by the conventional treatment process currently used at the
Northwest WTP. The County has made the removal of these contaminants a top priority in order to
protect public health. This project will add advanced treatment with LPRO membranes to the Northwest
WTP, which is expected to remove more than 95% of GenX and other PFAS.
Another objective of the project is to increase the capacity of the plant from 24-MGD to 45-MGD. In
2006, the County completed a Water System Master Plan which determined that the plant would require
this upgrade to meet the demands of the growing Brunswick County population.
This project will benefit over 140,000 people that rely on the County for safe drinking water. This
project will also enable the County to continue growing into the future and reliably provide clean
drinking water with surface water supply from the Cape Fear River instead of increasing withdrawals
from stressed aquifers within the region.
Project Location
The project is located at the Northwest Water Treatment Plant at 3954 Clearwell Dr NE, Leland, North
Carolina, east of the Cape Fear River in Brunswick County. The WTP is located at latitude
34'18'47.2"N, longitude 78°06'14.2"W. Improvements inside the cleared and fenced area of the WTP
property will be completed as part of the project.
The new concentrate discharge pipeline runs generally northeast from the WTP to the Cape Fear River.
The pipeline route parallels roads and will be located within public right-of-way (Local and State roads)
from the WTP north along Clearwell Drive, Butler Drive, Mt. Misery Road and Hooper road for the first
approximately 3.5 miles. The final 0.5 mile will be installed in a proposed easement on
p pyLte��
properties. The pipeline route may be further refined during final design. DCM WILDAII 1GTON, NC
FEB 1 0 2020
The concentrate discharge pipeline will terminate at shoreline discharge into the Cape Fear river
approximately 10 to 15 feet off the bank. This structure will consist of an 8-inch duckbill -styled check
valve (Tideflex® or similar) with a concrete headwall. The discharge disposal point is located at latitude
34' 2W 17" N; longitude 78' 04' 22" W.
The new raw water pipeline is located on the WTP property. It will be installed in an existing cleared
easement and require two small creek crossings. The new raw water pipeline will connect to a future
stub out from another project at the south end. Valving and interconnecting piping will be placed in the
area around the future stub out. Parallel to this new 36-inch pipeline will be four new 1-inch diameter
PVC chemical injection/sampling/spare pipelines that will connect to a new manhole near the future stub
out connection point.
The existing stormwater outfall that is proposed is located on the WTP property on the west side of the
WTP.
The project components are shown on Figure 1.
Area of Potential Effects
The area of potential effects (APE) has been identified for each of the project components, including the
WTP and associated upgrades at the WTP facility, and the discharge pipeline. Location maps are
provided in Figure 2.
EPA is defining the horizontal APE as 0.25 mile surrounding the boundary of aboveground project
components, including the WTP. The vertical APE is defined by the anticipated height of the facility
components, and the anticipated excavation depth at the construction site. The tallest new structure at
the WTP will be the new RO Building. The top elevation of the structure (approx. EL 88) will be 30 feet
above finished grade. This is similar, but slightly higher than the existing two-story administration
building located at the WTP. Other project components are anticipated to have lower heights, such as
Manholes along the route are expected to be at grade or slightly above finished grade (2 feet maximum).
Several structures at the WTP will require excavation to depths of up to 20 feet. Backfill will be used
and finished grade in the area will generally match existing grades (within 2 feet).
EPA is defining the APE as 50 feet on each side of the construction footprint for belowground project
components, including discharge pipeline. The vertical APE for belowground components will be
defined as the average excavation depth, which is estimated to be about five feet deep to provide the
necessary cover over and bedding under the pipeline. The concentrate pipeline will have a minimum
cover of three feet (approximately five feet excavation to install). Some areas will require deeper
installation when crossing utilities. Trenchless or semi-trenchless installation methods for the pipeline
near the river are still being considered and these may result in a deeper pipeline, but limit excavation to
entry and discharge pits for the trenchless equipment. At the outfall location, the vertical APE extends to
15 feet below the water surface, as the discharge is planned for a buried pipe and a discharge at EL -15 ft
(15 feet below the water surface).
Identification of Historic Properties
Under Section 800.4 (b), an effort was made to identify historic properties. EPA consulted SHPO's
online GIS Mapping Application HPOGIS on March 13, 2019, and no historic properties, v�er�it�e ttifred
in the APE (Figure 3).
D&J VVILWNGTON, NC
FEB 1 0 2020
EPA consulted the list of sacred sites in the United States, and no sacred sites were identified in the
APE.'
The WTP upgrades and advanced treatment facility are part of an active water treatment facility.
Aboveground structures are associated with the treatment process structures being used for facility
operations. The discharge pipeline is located along actively used roads for the majority of its route.
Finding of Effect
Consistent with substantive portions of section 106 of NHPA (36 CFR 800.4[d][ I ]), EPA has applied
the evaluation criteria of adverse effects and found that this proposed undertaking will not affect historic
properties ("no historic properties affected"). Cultural resources located within the APE have been
considered and no adverse effects to have been identified.
We look forward to receiving your concurrence on the APE and our finding of "no historic properties
affected" on this undertaking. Please provide any comments and concerns you have within 30 days. EPA
will consider them and provide formal responses to comments. Correspondence can be submitted
electronically for this project. Given the schedule associated with the proposed WTP, EPA plans to
proceed with this undertaking after 30 days from the confirmed receipt of this correspondence if no
objections are received. 1 can be reached at 202-564-6996 or mccurdy.alaina@epa.gov.
Sin�c/erely,
0'
Alaina McCurdy
WIFIA Environmental Engineer, WIFIA
Water Infrastructure Division
Office of Wastewater Management
Enclosures
cc: Sheryl Smith, CDM
RLEC:EIV'EiD
DCM WILMINGTON, NC
FEB i 0 2020
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FEB 1 0 2020
►_ Mbk+ r07
COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 5, 2019
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Brunswick County
ATTN: William L. Pinnix
PO Box 249
Bolivia, NC 28422
RE: Project Name: Northwest Water Treatment Plant Expansion and Upgrades
Acres Approved: 20.5
Project ID: BRUNS-2020-016
County: Brunswick
City: Northwest
Address: 3954 Clearwell Drive
River Basin: Cape Fear
Stream Classification: Other
Submitted By: Kelly R. Boone, PE, CDM Smith, Inc.
Date Received by LQS: August 20, 2019
Plan Type: Other
Dear Mr. Pinnix:
This office has reviewed the subject erosion and sedimentation control plan and hereby issues this
Letter of Approval with Modifications and Performance Reservations. A list of the modifications
and reservations is attached. This plan approval shall expire three (3) years following the date of
approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC
4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-
54.1)(b).
As of April 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCG010000
Construction Stormwater General Permit. This form MUST be submitted and COC issued prior to the
commencement of any land disturbing activity on the above -named project. The NOI form may be
accessed at deq.nc.eov/NCG01. Please direct questions about the NOI form to Annette Lucas at
Annette. lucas(i�ncdenrjzov or Paul Clark at Paul.clarkna.ncdenr.gov. After you submit a complete and
correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will
not charge a fee for coverage under the NCGO1 permit. However, a $le will soon be charged
annually. This fee is to be sent to the DEMLR Stormwater Central Officer iMbigIVED
Ftb 10 2020
DCM WILMINGTON, NC
D_EQJ� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
wnm cu+a,.W.
^+��^r+a E^`�^°^°a•^�� 910.796.7215
Letter of Approval with Modifications and Performance Reservatios
Brunswick County
September 5, 2019
Page 2 of 4
Title 15A NCAC 413.0118(a) and the NCGO1 permit require that the following documentation be kept
on file at the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
Also, this letter gives the notice required by G.S. 113A-61.l(a) of our right of periodic inspection to
insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring
protection of existing natural resources and adjoining properties. If, following the commencement of
this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the
requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute
113A-51 through 66), this office may require revisions to the plan and implementation of the
revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may
also apply to this land -disturbing activity. This approval does not supersede any other permit or
approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as
called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a
violation of this permit and would require a revised plan and additional application fee. You are
requested to file an amended form if there is any change in the information included on the form. In
addition, it would be helpful if you notify this office of the proposed starting date for this project.
Please notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Enclosures: Modifications and Performance Reservations
NPDES NCGOI Fact Sheet
cc: Kelly R. Boone, PE, CDM Smith, Inc.
5400 Glenwood Avenue, Suite 400, Raleigh, NC 27612
Wilmington Regional Office file
R_0 L=1,,r,_L �
DCIVI WILIUIi 'G i ON, NC
FEB I 0 2020
Letter of Approval with Modifications and Performance Reservatios
Brunswick County
September 5, 2019
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Northwest Water Treatment Plant Expansion and Upgrades
Project ID: BRUNS-2020-016
County: Brunswick
1. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing
activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
2. The developer is responsible for the control of sediment on -site. If the approved erosion and
sedimentation control measures prove insufficient, the developer must take those additional steps
necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device
must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is
necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site
and functional until all grading and final landscaping of the project is complete (15A NCAC 0413.0113).
Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted. The removal of vegetation within any existing ditch or channel
is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical
or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is
considered new earth work and is subject to the same erosion control requirements as new ditches
(NCGS 113A-52(6)).
4. The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this land disturbing activity. This could
include our agency's Stormwater regulations and the Division of Water Resources' enforcement
requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers'
jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA
requirements, the Division of Solid Waste Management's landfill regulations, the Environmental
Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local
County or Municipalities' ordinances, or others that may be required. This approval cannot supersede
any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of
Engineers, that Order would only apply to wetland areas. All highland would still have to be in
compliance with the N.C. Sedimentation Pollution Control Act.
If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the
developer is responsible for compliance with the requirements of the Division of Water Resources
(DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any
erosion control measures that fall within jurisdictional wetland areas must be approved by the
aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation
of the measures in question to the transition point between the wetlands and the uplands to assure that
the migration of sediment will not occur. If that relocation presents a problem or contradicts any
requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the
Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient
erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS
113A-54.1(b)).
DCM WILMI1dC ';' °.I r.;C
FEB 1 0 �'tJ
Letter of Approval with Modifications and Performance Reselvatios
Brunswick County
September 5, 2019
Page 4 of 4
6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any
soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites
without additional permits under NCGS 74.49(7)(d). Disposal at any other location would have to be included
as a permit revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 20.5 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Any addition in impervious surface, over that already noted on the approved plan, would also
require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention
measures (NCGS 113A-54.I(b)).
8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight
(8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support,
i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design
Manual 6.63, Rev. 6/06).
9. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion control
devices on this project, it is necessary that the traps and basins and their collection systems be installed before
any other grading takes place on site, and that every structure that receives more than one acre of drainage is built
so that each dewaters only from the surface (NCG010000). If that proves to be impractical, a revised plan must
be submitted and approved that addresses erosion and sediment control needs during the interim period until the
traps and basins are fully functioning (113A-54.1(b)).
10. A graveled construction entrance must be located at each point of access and egress available to construction
vehicles during the grading and construction phases of this project. Access and egress from the project site at a
point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the
entrances is critical (113A-54.l(b)).
11. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible party shall
comply with the NCGOI Ground Stabilization And Materials Handling requirements that became effective April
1, 2019. The NCGOI Ground Stabilization And Materials Handling standard detail can be printed from the
deq.nc.gov/NCGO1 website.
12. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible party shall
comply with the NCGOI Self -Inspection, Recordkeeping and Reporting requirements that became effective April
1, 2019. The NCGOI Self -Inspection, Recordkeeping and Reporting standard detail can be printed from the
deq.nc.gov/NCGOI website.
13. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party shall
assure inspections of the area covered by the approved plan after each phase of the plan has been completed and
after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-54.1(e).
14. In order to comply with the basic control objectives of the SPCA (15A NCAC 0413.0106), both exposed area and
time of exposure should be limited. We recommend this project be phased so that uncovered area is limited to a
maximum of 20 acres at any given time. As per North Carolina General Statute 113A-57(5), the land -disturbing
activity shall be conducted in accordance with the approved erosion and sedimentation control plan.
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities
f'I1 _Gi_-IV�..-FJ
DUA WILn ING-i ONI, NC
FEB 1 0 2020
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 29, 2019
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Brunswick County
ATTN: John Nichols, Public Utilities Director
PO Box 249
Bolivia, NC 28422
RE: Project Name: Northwest Water Treatment Plant Concentrate Discharge Pipeline
Acres Approved: 12.5
Project ID: BRUNS-2020-026
County: Brunswick
City: Northwest
Address: Clearwell Drive
River Basin: Cape Fear
Stream Classification: HQW
Submitted By: Kelly R. Boone, PE, CDM Smith, Inc.
Date Received by LQS: October 10, 2019
Plan Type: Utility
Dear Mr. Nichols:
This office has reviewed the subject erosion and sedimentation control plan and hereby issues this
Letter of Approval with Modifications and Performance Reservations. A list of the modifications
and reservations is attached. This plan approval shall expire three (3) years following the date of
approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC
4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-
54.1)(b).
As of April 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCG010000
Construction Stormwater General Permit. This form MUST be submitted and COC issued prior to the
commencement of any land disturbing activity on the above -named project. The NOI form may be
accessed at deq.nc.gov/NCG01. Please direct questions about the NOI form to Annette Lucas at
Annette.lucas(d)ncdenr.gov or Paul Clark at Paul.clarkamcdenr.eov. After you submit a complete and
correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will
not charge a fee for coverage under the NCGO1 permit. However, a $100 fee will soon be charged
annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleiggh.
O �NOI�JNI JIM WOO
0707 01834
North Carolina Department of Environmental Quality I Division of E"yttt&nd Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
Letter of Approval with Modifications and Performance Reservatios
Brunswick County
October 29, 2019
Page 2 of 4
Title 15A NCAC 413.0118(a) and the NCG01 permit require that the following documentation be kept
on file at the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to
insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring
protection of existing natural resources and adjoining properties. If, following the commencement of
this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the
requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute
113A-51 through 66), this office may require revisions to the plan and implementation of the
revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may
also apply to this land -disturbing activity. This approval does not supersede any other permit or
approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as
called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a
violation of this permit and would require a revised plan and additional application fee. You are
requested to file an amended form if there is any change in the information included on the form. In
addition, it would be helpful if you notify this office of the proposed starting date for this project.
Please notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
1 ; � , //
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Enclosures: Modifications and Performance Reservations
NPDES NCGO1 Fact Sheet
cc: Kelly R. Boone, PE, CDM Smith, Inc.
5400 Glenwood Avenue, Suite 400, Raleigh, NC 27612
Wilmington Regional Office file
Pk=CIc—IVi=i
DC6A VJILNII U'l ON, NC
FEB 1 0 2920
Letter of Approval with Modifications and Performance Reservatios
Brunswick County
October 29, 2019
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Northwest Water Treatment Plant Concentrate Discharge Pipeline
Project ID: BRUNS-2020-026
County: Brunswick
1. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing
activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
2. The developer is responsible for the control of sediment on -site. If the approved erosion and
sedimentation control measures prove insufficient, the developer must take those additional steps
necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device
must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is
necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site
and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113).
3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted. The removal of vegetation within any existing ditch or channel
is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical
or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is
considered new earth work and is subject to the same erosion control requirements as new ditches
(NCGS 113A-52(6)).
4. The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this land disturbing activity. This could
include our agency's Storrnwater regulations and the Division of Water Resources' enforcement
requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers'
jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA
requirements, the Division of Solid Waste Management's landfill regulations, the Environmental
Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the CleanWater Act, local
County or Municipalities' ordinances, or others that may be required. This approval cannot supersede
any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of
Engineers, that Order would only apply to wetland areas. All highland would still have to be in
compliance with the N.C. Sedimentation Pollution Control Act.
5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the
developer is responsible for compliance with the requirements of the Division of Water Resources
(DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any
erosion control measures that fall within jurisdictional wetland areas must be approved by the
aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation
of the measures in question to the transition point between the wetlands and the uplands to assure that
the migration of sediment will not occur. If that relocation presents a problem or contradicts any
requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the
Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient
erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS
113A-54.1(b)).
DCM WI0ANGl UN, NC
FEB 1 0 2020
Letter of Approval with Modifications and Performance Reservatios
Brunswick County
October 29, 2019
Page 4 of 4
6. Any borrow material brought onto this site must be from a legally operated mine or other approved source.
Any soil waste that leaves this site can be transported to a permitted mine or separately permitted
construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would
have to be included as a permit revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 12.5 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Any addition in impervious surface, over that already noted on the approved plan, would
also require a revised plan to verify the appropriateness of the erosion control measures and stormwater
retention measures (NCGS l 13A-54. I (b)). As proposed, the land disturbance width of the utility line should
be limited as reflected on the application plans.
8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of
eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts
for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning
& Design Manual 6.63, Rev. 6/06).
9. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion
control devices on this project, it is necessary that the traps and basins and their collection systems be
installed before any other grading takes place on site, and that every structure that receives more than one
acre of drainage is built so that each dewaters only from the surface (NCG010000). If that proves to be
impractical, a revised plan must be submitted and approved that addresses erosion and sediment control
needs during the interim period until the traps and basins are fully functioning (113A-54.I (b)).
10. A graveled construction entrance must be located at each point of access and egress available to construction
vehicles during the grading and construction phases of this project. Access and egress from the project site
at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance
of the entrances is critical (113A-54.1(b)).
11. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible party
shall comply with the NCGOI Ground Stabilization And Materials Handling requirements that became
effective April 1, 2019. The NCGOI Ground Stabilization And Materials Handling standard detail can be
printed from the deq.nc.gov/NCGO1 website.
12. As a condition of the NPDES General Stormwater Permit (NCGO1000% the financially responsible party
shall comply with the NCG01 Self -Inspection, Recordkeeping and Reporting requirements that became
effective April 1, 2019. The NCGOI Self -Inspection, Recordkeeping and Reporting standard detail can be
printed from the deq.nc.gov/NCG01 website.
13. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party
shall assure inspections of the area covered by the approved plan after each phase of the plan has been
completed and after establishment of temporary ground cover in accordance with North Carolina General
Statute 113A-54.I(e).
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities
DCM WILMINGTON. NC
FEB 1 0 2020
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
September 27, 2019
NORTH CAROLINA
Environmental Quadty
Brunswick County Public Utilities
Attn: John Nichols, Director
PO Box 249
Bolivia, NC 28422
Subject: Stormwater Permit COC No. SWG04 040114
Northwest WTP Concentrate Discharge Line
General Permit - Utility Project
Brunswick County
Dear Mr. Nichols:
On September 20, 2019, the DEMLR received your Express permit application for a Utility Line
Project to be covered under the State Stormwater General Permit Number SWG040000. In
accordance with your application, we are forwarding herewith the subject Certificate of Coverage
Number SWG04 040114, along with a copy of the General Permit, for the construction of a linear
utility line project with associated incidental built -upon area. The General Permit is issued pursuant
to the requirements of North Carolina General Statute 143-215.1 and Title 15A NCAC 2H .1000, the
stormwater management rules.
Please take notice that this Certificate of Coverage is not transferable except by action of and
approval by DEMLR. The DEMLR may require modification or revocation and reissuance of the
Certificate of Coverage.
This permit does not affect the legal requirement to obtain other permits which may be required by
the Division of Energy, Mineral and Land Resources, the Division of Water Resources, Coastal.Area
Management Act, or any other Federal, State, or Local agency, law, rule, or ordinance, having
jurisdiction.
If you have any questions concerning this permit, or if you need additional information regarding
this matter, please contact Linda Lewis at (910) 796-7215 or via email at linda lewisc@ncdenr.2ov.
Sincerely,
Fr S. Daniel Smith, Director
Division of Energy, Mineral and Land Resources
GDS/arl: G:\\\Stormwater\Permits & Projects\SWG04 Utility\040114 COC-SWG04\2019 09 permit 040114
Enclosures: Copy of General Permit SWG 040000
Copy of Notice of Intent
cc: Kelly Boone, PE, CDM Smith (5400 Glennwood Ave. Suite 400 Raleigh NC 27612)
NCDOT District Engineer
Brunswick County En neering
Wilmington Regional office Stormwater File RECEIVED
FEB 10 2020
DCM WILMINGTON, NC
Q2� North Carolina Department of Environmental Quality l DlvlslonofEnergy. Kneral and Land Resources
'F ! Wilmington Reglonal Ofnce 1 127 Cardinal Drive Extension I Wilmington, North Carolina 23405
State Stormwater Management Systems
COC No. SWG040114
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT GENERAL PERMIT NO SWG040000
CERTIFICATE OF COVERAGE NO. SWG040114
LINEAR UTILITY LINE PROJECTAND
ASSOCIATED INCIDENTAL BUILT -UPON AREA
In compliance with the provisions of North Carolina General Statute 143-215.1, as amended,
other lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and 15A NCAC 2H.1000, the Stormwater rules,
Brunswick County Public Utilities
is hereby authorized to construct 714 square feet of built -upon area incidental to the
proposed utility line installation located at
Northwest WTP Concentrate Discharge Line
Line begins at 3954 Cleanvell Drive ends at Hooper Road, Leland, Brunswick County
and to discharge stormwater to receiving waters designated as the Cape Fear River,
classified C Sw, Stream Index #18-63 in the CPF17 River Basin, in accordance with the
provisions of the General Permit for a Linear Utility Line, No.SWG040000, and the approved
stormwater management plans and specifications, and other supporting data as attached and
on file with and approved by the Division of Energy, Mineral and Land Resources and
considered a part of this permit for the subject project.
This Certificate of Coverage shall become effective September 27, 2019 and shall remain in
effect for the duration of the General Permit SWG040000.
Signed this the 270 day of September, 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
F; ,CEIvl_z>
DCM WILPi INGTON, NC
FEB 1 0 2020
Panes 1 nf 1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMM4
Dbector
October 7, 2019
NORTH CAROLINA
Environmental Quality
Brunswick County
Attn: John Nichols, Utilities Director (email: iohrLnicholsCalbrungmdckcountyncgov)
PO Box 249
Bolivia, NC 28422
Subject: Approved Minor Modification
Stormwater Permit No. SW8 091204
Northwest WTP
Brunswick County
Dear Mr. Nichols:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references
to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified.
Please note that this permit will now reference DEMLR as the Division responsible for issuance of the
permit.
On September20, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources received and accepted a complete minor modification Express permit application for
changes to the approved plans for Stormwater Management Permit Number SW8 091204. It has
been determined that the nature of the proposed change meets the definition of a minor
modification in that it does not result in an increase in the size of the permitted stormwater control
measure (SCM) and does not increase the amount of permitted built -upon area. As described in
detail on Attachment C. the modification is to add 96,808 sf of BUA to the site, while reducing the
future BUA allocation to 103,192 sf, for no net increase in BUA.
We are forwarding you an approved copy of the modified plans for your files depicting the
proposed locations of the additional built -upon area. Please replace the old approved plan sheet(s)
with the new one(s). Please replace the previously issued permit with the revised permit, dated
October 7, 2019, attached, and replace Page 3 of the previous application form with the attached
revised Page 3. This revised permit does not impose new or different terms; it merely reorganizes
and restates some of the previous terms to provide you with a better understanding of your
obligations under the permit.
Please be aware that all terms and conditions of the low density permit originally issued on
December 29, 2009, and modified/revised on November 9, 2011, and again on April 27, 2015,
remain in full force and effect. Please also understand that the approval of this minor modification
to the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this
project must be approved through this Office prior to construction. The approval of this minor
modification does not preclude the permittee from complying with all other applicable statutes,
rules, regulations or ordinances which may have jurisdiction over the proposed activity, and
obtaining a permit or approval prior to construction.
RECEIVED
FEB 10 2020
DCM WILMINGTON, NC
North Caroflm Department of Environmental Quality l DMslon of Energy, Mineral and land Resources
YV11mingtun Regional Office 1127 Carcitnal Drive Extension I:Mhnington, North Carolina 28405
aomncrva.P.EQ
State Stormwater Permit No. SW8 091204
Page 2 of 2
If you have any questions concerning this matter, please do not hesitate to call any of the
Stormwater Staff in the Wilmington Regional Office at (910) 796-7215.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer
Enclosures: Attachment A- Certification Documents
Attachment C - Permitting History
Permit and Application Documents
GDS\arl: G:\\\Stormwater\Permits & Projects\2009\091204 LD\201910 permit minor 091204
CC: Michael Pollard, PE, CDM Smith (email: pollardma@cdmsmithcom)
Brunswick County Engineering
NCDOT District Engineer
Wilmington Regional Office Stormwater File
DCil1 WII_( iii is "i CiN, NC
FEB 1 0 2026
State Stormwater Management
Permit Number SW8 091204
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Brunswick County
Northwest Water Treatment Plant
3954 Clearwell Drive, Leland, Brunswick County
FOR THE
construction, operation and maintenance of a 24% low density project in compliance with the
provisions of Session Law 2008-211 and Title 15A NCAC 2H .1000 (hereafter collectively and
separately referred to as the "stormwater rules") and the approved stormwater management plans
and specifications, and other supporting data as attached and on file with and approved by the
Division and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations.
I. DESIGN STANDARDS
The overall tract built -upon area percentage for the project must be maintained at or below
24% per the requirements of the stormwater rules. This permit covers the construction of a
total of 267,644 square feet of built -upon area (BUA), which includes 96,808 sf for this
modification, 67,644 sf feet of previously permitted BUA, and 103,192 square feet of
remaining future BUA allocation. The result of this permit modification is that the built -upon
area allocation for future development is now 103,192 sf.
2. The project area for this permit has been reduced to 8,482,100 sf to account for the pre-
1988 BUA of 147,126 sf that exists on the property, as per NCAC 02H.1003(1)(b).
3. The only runoff conveyance systems allowed will be vegetated conveyances such as swales
with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by
the Division.
4. No piping shall be allowed except those minimum amounts necessary to direct runoff
beneath an impervious surface such as a road or under driveways to provide access and
those amounts shown on the approved plans.
5. The project shall provide and maintain a minimum 50-foot wide vegetative buffer adjacent all
surface waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the mean high
water line of tidal waters. All runoff directed into and through the vegetative buffer must flow
through the buffer in a diffuse manner. Roof drains must terminate at the outer edge of the
buffer.
6. Stormwater runoff that is directed to flow through any wetlands shall flow into and,through
these wetlands at a non -erosive velocity. I" ,
Page 1 of 4 i 1 13 I ';,'J
State Stommwater Management Systems
Permit No. SW8 091204
II. SCHEDULE OF COMPLIANCE
The permittee shall construct, operate and maintain the approved stormwater control
measures and built -upon areas in accordance with the conditions of this permit, the
approved plans and specifications and the supporting documentation attached to and on file
with the Division.
2. No person shall alter the approved stormwater management system or fill in, alter, or pipe
any drainage feature (such as swales) shown on the approved plans as part of the
stormwater management system, except for minimum driveway crossings, unless and until
the permittee submits a modification to the permit and receives approval from the Division.
3. The permittee is responsible for verifying that the proposed built -upon area for the project
does not exceed the maximum allowed by this permit.
4. Swales, vegetated areas and other vegetated conveyances shall be constructed in their
entirety, vegetated, and operational for their intended use prior to the construction of any
built -upon surface, per the approved plans.
During construction, erosion shall be kept to a minimum and any eroded areas of the swales
or other vegetated conveyances will be repaired immediately.
6. The permittee shall at all times provide and perform the operation and maintenance
necessary as listed in the signed Operation and Maintenance Agreement, such that the
permitted stormwater management system functions at its optimum efficiency.
Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
8. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built -upon area.
c. Further subdivision, acquisition or sale of the project area in whole or in part, as
reported on the permit application documents.
d. Filling in, piping, altering, removing, redirecting, regrading or resizing any vegetative
conveyance shown on the approved plan.
e. The development of any future area or additional phase(s) noted on the approved
plans.
f. The construction of any areas of #57 stone, permeable pavement, or certain landscape
materials for BUA credit.
g. Any other revision as determined by the Director.
9. The permittee must certify in writing that the project's stormwater controls, and impervious
surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification.
The permittee shall submit the Certification to the Division within 30 days of completion of
the project.
10. The permittee shall submit all information requested by the Director or his representative
within the time frames specified in this permit or in a written information request.
11. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification
in writing to the Director that the changes have been made. D;;
FEB I o 2020
Panes 9 of 4
State Stormwater Management Systems
Permit No. SW8 091204
Ill. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and approval by
the Director. A request to transfer the permit will be considered on its merits and may or may
not be approved. The permittee shall complete, sign and submit a Permit Transfer
Application Form, available online. The Transfer Application Form must be accompanied by
the supporting documentation as listed on the form and must be submitted to the
appropriate Regional Office of the Division at least 60 days prior to any one or more of the
following events:
a. The sale or conveyance of the project area in whole or in part;
b. The dissolution of the corporate entity, LLC, or General Partnership;
c. Bankruptcy and/or foreclosure proceedings;
2. The permittee shall submit a completed "Permit Information Update Form" to the Division at
least 30 days prior to any one of the following events:
a. A name change of the permittee;
b. A name change of the project;
c. A mailing address change of the permittee.
3. The Permittee is responsible for compliance with all the terms and conditions of this permit
until such time as the Division approves the permit transfer in writing. Neither the sale of the
project area, in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the stormwater permit.
4. Any "person" found to be in noncompliance with the provisions of a stormwater management
permit or the requirements of the stormwater rules is subject to enforcement procedures as
set forth in North Carolina General Statute 143 Article 21.
5. The permit issued shall continue in force and effect until the permittee receives official
notification from the Division of Energy, Mineral and Land Resources that the permit has
been revoked or terminated.
6. The permit issued shall continue in force and effect until the permittee files a request with
the Division for a permit modification, transfer, or rescission; however, these actions do not
stay any permit conditions.
7. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by
the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
8. The issuance of this permit does not preclude the Permittee from complying with and
obtaining any and all other permits or approvals that are required in order for this
development to take place, as required by any statutes, rules, regulations, or ordinances,
which may be imposed by any other Local, State or Federal government agency having
jurisdiction. Any activities undertaken at this site that cause a water quality violation or
undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
9. Approved plans, application, supplements, operation & maintenance agreements and
specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit. A copy of this permit, application, supplements, the
operation and maintenance agreements, and the approved plans and specifications shall be
maintained on file by the Permittee at all times.
10. The Permittee grants permission to DEQ Staff to enter the property during no al. usinpss _ l
hours for the purposes of inspecting the stormwater control system and its&,,I� '�G7uiV, NC
FEB 1 0 2020
Porno 'A of d
State Stormwater Management Systems
Permit No. SW8 091204
11. Unless specified elsewhere, permanent seeding requirements for the swales must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and
Design Manual.
Permit updated, modified and reissued this the 7'h day of October 2019.
NORTH CAROLINAAEENVIR�ONMENTAL MANAGEMENT COMMISSION
v' Sys. —
�r S. Daniel ith, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Fi=i;L_i1�' _�D
DCM WILMING T ON, NC
FEB 1 0 2020
Pant- 4 of 4
State Stormwater Management
Permit Number SW8 091204
ATTACIIMENT A
AS -BUILT PERNUTTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my signature
below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and
the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or
provided to the Division.
eCheck here if this is a partial certification. Section/phase/SCM #?.
Check here if this is part of a Fast Track As -built Package Submittal.
Printed Name
1, , a Notary Public in the State of
County of do hereby certify that
personally appeared before me this day of 20
and acknowledge the due execution of this as -built certification. (SEAL)
Witness my hand and official seal
My commission expires
mill
1. e utility has recorded the necessary language to ensure that the
Y or N
project is maintained consistent with the stormwater regulations and
with the germit conditions.
al
1. The site is accessible for inspection, maintenance and repair.
Y or N
2. The access is a minimum of 10 feet wide.
Y or N
3. The access extends to the nearest public right -of --way.
Y or N
_ `Y. l t S. .�1 •
{of
-
1. The SCMs and the components the runott collection conveyance
y N
system are located in recorded drainage easements as necessary.
or
2. A copy of the recorded plat(s) is provided.
Y or N
EffiRPME"M
1. The site is being operated and maintained in accordance with the
approvedJan.
y or N
Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach
additional sheets as needed.
DCUI WILMIN3 ON, NC
FEB ti 0 204
Page 1 of 1
DC{o WILA/w%!G-fON, NC
FEB 1 0 2020
11' -avu f hn i
Water Resources
Envtromnental Quality
ROY COOPER
Governor
MICHAEL S. REGAN
.Secretary
LINDA CULPEPPER
Interim Director
February 28, 2018
Ms. Ann B. Hardy, County Manager
Brunswick County Public Utilities Department
P.O. Box 249
Bolivia, North Carolina 28422
Subject: Issuance of NPDES Permit NCO057533
Northwest WTP (Hood Creek WTP) (PC-1)
Brunswick County
Dear Ms. Hardy:
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject
facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency
dated October 15, 2007, or as subsequently amended.
The Division understands that you have made no significant changes to your facility since the last permit
renewal. We have made the following updates for this permit renewal:
1. The facility map has been updated.
2. Regulatory citations have been added.
3. Electronic reporting of discharge monitoring reports (eDMR) has been added in Section A. (6.).
4. The receiving stream is not impaired for Turbidity. Therefore, instream monitoring has been removed
including the corresponding footnote.
5. Concurrent sampling for toxicants with WET testing has been removed.
6. Since this facility does not use chloramines, ammonia nitrogen sampling has been removed.
7. Total Manganese and Total Iron have been removed because the EPA approved removal of NC
aquatic life standard as part of 2007-2016 Triennial review. Therefore, there are no limits to compare
monitoring data for these parameters.
8. Due to toxicity failures, a permit re -opener condition for whole effluent toxicity has been added as
described in Section A (3.).
9. The daily maximum limit for Total Residual Chlorine has been changed to 18 µg/1 to account for
dilution in receiving stream.
10. The following parameters now have monthly monitoring and lmuts because reasonable potential to
exceed water quality standards or criteria:
Effluent Characteristics
Parameter Code
Monthly Average
Daily Maximum
Total Copper
01042
8.24 µg/1
10.89 µg/1
Total Fluoride
00951
1882.9 µg/l
1882.9 µg/l
Total Aluminum
01105
8368.3 µg/1
8368.3 µg/l
11. A compliance schedule [Section A. (2.)] has been added for the Total Copper and Total Fluoride limits
in Section A. (1.). Compliance with thts limit shall commence on April 1, 2022, app �tAgate�y �48
months 5rom the permit effective date. ttll;; t I
FEB 10 2020
State of North Carolina I Environmental Quality
1617 Mail Ser,nce Center I Raleigh, North Carolina 27699-1617 DCM WILMINGTON, NC
919-707-9000
Ms. Hardy
February 28, 2018
Page 2 of 2
12. Effluent and upstream quarterly monitoring for Total Hardness has been added. Please see discussion
below for more information
The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the NC
Environmental Management Committee (EMC) on November 13, 2014. The US EPA subsequently approved
the WQS revisions on April 6, 2016 with some exceptions. The NC Division of Water Resources NPDES
Permitting Unit is required to implement the new dissolved metal standards in all permits public noticed after
April 6, 2016.
The new standards for most metals include acute standards. Furthermore, the freshwater standards for several
metals are expressed as the dissolved form of the metals, and seven metals have hardness -dependent
equations. As a result, the NPDES Permittmg Unit will need site -specific effluent hardness data and mstream
hardness data, upstream of the discharge, for each facility monitoring these metals in order to calculate permit
limitations. Effluent hardness and instream hardness sampling, upstream of the discharge, has been added to
this permit at a monitoring frequency of quarterly. See Section A. (1.) Effluent Limitations and Monitoring
Requirements.
If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable,
you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after
receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of
North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Marl
Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain
final and binding.
Please note that this permit is not transferable except after notice to the Division The Division may require
modification or revocation and remssuance of the permit. This permit does not affect the legal requirements to
obtain other permits which may be required by the Division of Water Resources or any other Federal, State,
or Local governmental permits that may be required.
If you have questions, or if we can be of further service, please contact Derek Denard at
[derek denard@ncdenr.gov] or call (919) 80'/-6307.
Resp ly,
Linda Culpepper, - terun D
Division of Water Resources, NCDEQ
Enclosure: NPDES Permit NCO057533 (Final Issuance)
he Central Files
NPDES Program Files
WiRO Files/ Attu Morella Sanchez King
cc Aquatic Toxicology Branch / Susan Meadows [susan mcadows@ncdenr gov], Cindy Moore [cindy a moore@ncdenr gov]
Glenn Walker [glenn walker@bninswickcountyncgov]
RECEIVED
DCM WILMINGTON, NC
FEB 1 0 2020
NPDES Permit NCO057533
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, the
Brunswick County
is hereby authorized to discharge wastewater from a facility located at the
Northwest Water Treatment Plant (WTP) (Hood Creek WTP)
3954 Clearwell Dr. NE, Leland 28451
Brunswick County
to receiving waters designated Hood Creek within the Cape Fear River Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I,11,111, and IV hereof.
The pemut shall become effective on April 1, 2018.
This permit and the authorization to discharge shall expire at midnight on March 31, 2023.
Signed this day February 28, 2018.
(44 6 /-"
a Culpepper, Interim Di
Division of Water Resources
By Authority of the Environmental Management ComtfitEdd E I V E D
DCM WILMINGTON, NC
FEB 1 0 2020
Page 1 of 8
NPDES Permit NCO057533
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.
Brunswick County
is hereby authorized to:
1. continue to operate a conventional technology water treatment plant [coagulation, flocculation,
sedimentation, and filtration] with discharge of wastewaters from media filter backwash and
sedimentation basins with a design potable flowrate of 24 MGD and a backwash discharge of
0.981 MGD, with wastewater treatment consisting of;
• influent disinfection (chlorination)
• two (2) each 12 MGD up -flow clarifiers [disinfected raw water]
• two (2) banks of four (4) each filter [sand/anthracite/gravel filter; backwash contains
chlorine and fluoride]
• one (1) clear well (4 MGD)
• surge lagoon (2.0 MGD)
• sludge thickener (0.180 MGD)
• dechlorination equipment
• chemical usage consisting of
o chlorine dioxide (chlorination)
o sodium hydroxide (50%)
o poly alummum chloride (flocculation)
o sodium silica fluoride
o bleach -type solutions
o cationic polymer solutions
o calcium thiophosphate (dechlorination)
o powered activated carbon
0 orthophosphate
facilities located at the Northwest WTP (Hood Creek WTP), 3954 Clearwell Dr. NE, Brunswick
County; and
2. discharge from said treatment works, at the location specified on the attached map, to Hood
Creek [stream segment 18-66], a waterbody currently classified C; Sw within Subbasin 03-06-17
[030300050406] of the Cape Fear River Basin.
RECEIVED
DCM WILMINGTON, NC
Page 2 of 8 FEB 1 0 2020
NPDES Permit NCO057533
PART
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
OUTFALL 001 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the Pennittee is
authorized to discharge filter backwash from Outfa11001. Such discharges shall be limited, monitored and
reported' by the Pennittee as specified below:
EFFLUENT CHARACTERISTICS
[Parameter Codes]
LIMITS
MONITORING REQUIREMENTS'
Monthly
Average
Daily
Maximum
Measurement
Frequeng
Sample
pe
Sample
Location
Flow (MGD)
50050
Continuous
Recording
Effluent
Total Suspended Solids (TSS) (mg/1)
C0530
30 mg/1
45 mg/l
Weekly
Grab
Effluent
Total Residual Chlorine (TRC) (µg/0 2
50060
18 µg/I Z
Weekly
Grab
Effluent
pH (su)
00400
Not < 6.0 nor > 9 0
standard units
Weekly
Grab
Effluent
Turbidity (NTU)
00070
Monitor & Report
Weekly
Grab
Effluent
Hardness - Total as
[CaCO3 or (Ca + Mg)] (mg(L) 3
00900
Monitor &Report
Quarterly
Grab
Effluent
Hardness - Total as
[CaCO3 or (Ca + Mg)] (mg/L) 4
00900
Monitor & Report
Quarterly
Grab
Upstream
Total Copper (µg/1) 3' 5
01042
8 24 µg/l 5
10 89 µg/15
Monthly
Grab
Effluent
Total Fluoride (µg/l) 5
00951
1882 9 µg/15
1882 9 µg/15
Monthly
Grab
Effluent
Total Aluminum (µg/1)
01105
8368.3 µg/l
8368.3 µg/l
Monthly
Grab
Effluent
Total Zinc (µg/1) 3
01092
1
Quarterly
Grab
Effluent
Total Nitrogen (TN) (mg/1)
C0600
Monitor & Report
Quarterly
Grab
Effluent
Total Phosphorus (TP) (mg/1)
C0665
Monitor & Report
Quarterly
Grab
T Effluent
Chronic WET Testing 6
TGP313
Monitor & Report
Quarterly
Grab
Effluent
Footnotes:
1 The Pemuttee shall begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application
system See Condition A (6 )
2 The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit However,
the Permuttee shall continue to record and submit all values reported by a North Carolina certified test method (including field
certified), even if these values fall below 50 µg/L
3 Effluent hardness sampling should be performed in conjunction with sampling for hardness dependent metals (Copper, Zinc)
4 The Pemuttee shall sample instream hardness, upstream of the facility's discharge The sample shall be representative of the
hardness in the receiving stream
5 Compliance with this lumt shall commence on April 1, 2022, approximately 48 months from the permit effective date
See Compliance Schedule Condition A. (2)
6. Chrome WET testing (Cenodaphnia dubia) 7-day pass/fail test, monitoring only, at 90% in February, May, August and
November See condition A. (5 ). C E I V E D
Conditions:
• All samples must be collected from a typical discharge event
• The Permittee shall discharge no floating solids or foam
Page 3 of 8
RE
DCM WILMINGTON, NC
FEB 1 0 2020
NPDES Permit NCO057533
A. (2.) SCHEDULE OF COMPLIANCE (OUTFALL 001)
[G.S. 143-215.1(b)]
1. Within one year from the effective day of the permit the Pennittee shall submit to the Division of
Water Resources a Corrective Action Plan summarizing the actions to be taken to achieve
compliance with the Total Copper and Total Fluoride limits at Outfall 001 and a schedule of
activities to implement the Plan.
2. Within two years from the effective date of the permit submit a report to the Division summarizing
actions taken in accordance with the Corrective Action Plan.
3. Within three years from the effective date of the permit submit a report to the Division summarizing
actions taken in accordance with the Corrective Action Plan.
4. Within four years from the effective date of the permit submit a report to the Division summarizing
actions taken in accordance with the Corrective Action Plan.
5. Achieve compliance with Total Copper and Total Fluoride limits specified in Section A. (1.) by
April 1.2022.
Upon approval of the Corrective Action Plan by the Division, the report and actions become an
enforceable part of this permit. Any modifications to the schedule shall be requested to the Division at
least ninety (90) days before the deadline. Modifications to the schedule in excess of four months will be
subject to public notice.
A. (3.) PERMIT RE -OPENER: WHOLE EFFLUENT TOXICITY
[G.S. 143-215.1(b)]
Whole Effluent Toxicity monitoring results indicating aquatic toxicity may result in the Division of
Water Resources re -opening this permit, or requesting by letter that further action be taken. Additional
metals testing, a toxicity identification evaluation, a toxicity reduction evaluation, and/or an assessment
of discharge treatment alternatives may be requested.
A. (4.) PERMIT RE -OPENER: TMDL IMPLEMENTATION
[G.S. 143-215.1(b)]
The Division may, upon written notification to the Permittee, re -open this permit in order to incorporate
or modify effluent limits, monitoring and reporting requirements, and other permit conditions when it
deems such action is necessary to implement TMDL(s) approved by the USEPA.
RECEIVED
DCM WILMINGTON, NC
FEB 1 0 2020
Page 4 of 8
NPDES Permit NCO057533
A. (5.) CHRONIC TOXICITY PASS/FAIL MONITORING ONLY (QUARTERLY)
[15A NCAC 02B .0500 et seq.]
The pemuttee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina
Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions.
The effluent concentration defined as treatment two in the procedure document is 90%. The testing shall be
performed as a Ceriodaphnia dubia 7-day pass/fall test. The tests will be performed during the months of
February, May, August and November. These months signify the fast month of each three month toxicity
testing quarter assigned to the facility Effluent sampling for this testing must be obtained during representative
effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP313.
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, NC 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 durmg a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the
facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No
Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the
address cited above.
Should the pemnttee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to
quarterly in the months specified above.
Should any test data from this monitoring requirement 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, minimum control organism reproduction, and appropriate environmental controls, shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
RECEIVED
DCM WILMINGTON, NC
Page 5 of 8 FEB 1 0 2020
NPDES Permit NCO057533
A. (6.) 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.
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 R of this permit
(Standard Conditions for NPDES Permits)
• Section B. (11.)
• Section D (2 )
• Section D. (6.)
• Section E. (5.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (all
The peiauttee 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), perimuces 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 DEQ / 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 -
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). RECEIVED
DCM WILMINGTON, NC
Page 6 of 8 FEB 1 0 2020
NPDES Permit NCO057533
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:
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 tune, 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 permrttees 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:
htty Hdeg.nc.gov/about/divisions/water-resources/edmr
4. Signatory Reauirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section
B. (I I.)(a) or by a duly authorized representative of that personas described in Part 11, 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`//dea nc fov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the IV ED
following certification [40 CFR 122 22]. NO OTHER STATEMENTS OF CERTIFICATION WIL;Ii�
ACCEPTED: VfILMINGTON, NC
Page 7 of 8 FEB 1 0 2020
NPDES Permit NCO057533
"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 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
submHtingfalse information, including the possibility offines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)l
The pennittee 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 tune [40 CFR 122.41 ].
RECEIVED
- --M WILMINGTON, NC
FEB 1 0 2020
Page 8 of 8
ja
Cape Fear River
}«,
_
C 1:l)
1
Hood Creek
rt? [flows northeast]
{
Clearwell Dr. NE `"'
Approximate \
Facility Boundary
!
_t
�_Joutfailool
[flows west]
Brunswick County
Northest (Hood Creek) WTP
NPDES Permit NCO0.57533
3954 Clearwell Dr. NE, Leland 28451
Receiving Stream: Hood Creek Stream Class: C;Sw
Stream Segment: 18-66 Sub -Basin #: 03-06-17
River Basin: Cape Fear HUC: 030300050406
I s.OW.00Y
34.3022° N,-78.1133° W
NC Grid: 126SE
SCALE USGS Quad: Leland, NC
1:30,000 County: Brunswick
J
NPDES Permit Standard Conditions
Page I of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events These samples shall be
representative of the wastewater discharged during the sample period
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured dunng the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods. January through March, April through June, July through September, and
October through December
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml, in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically Composite
samples may be obtained by the following methods.
(1) Continuous. a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/vanable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume. a series of grab samples of equal volume collected over a 24 hour penod with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
RECEIVED
DCM WILMINGTON, NC
FEB 1 0 2020
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NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume. a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours, there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day (40 CFR 122 2, see also
"Composite Sample," above)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s)
DWR or "the Division"
The Division of Water Resources, Department of Environmental Quality
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples) R 1,�-. s.: _ _ i V E D
DCM WILMING T ON, NC
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NPDES Permit Standard Conditions
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authonty
The Director of the Division of Water Resources.
Ouarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter
Severe nrocerty damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant.
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
l Duty to Comply
The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or dental of a permit renewal application [40 CFR 122.41].
a The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement
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 lei
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of vtolatio
DCM WILMINGTON, NC
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Page 4 of 18
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)]
d. Any person who knowingly violates such sections, or such conditions or lirmtations 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 far 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) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions [40 CFR 122.41(ax2)]
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 accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122 41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122AI(d)]
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part Ii.C.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part U.C.7), 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 lulls, even though the
responsibility for effective compliance may be temporarily suspended
4 Oil and 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 USG 1321 Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended
5 Property Rights
The issuance of tits permit does not convey any property rights in either real or personal property, 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)]
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical VqLdooty E D
facilities or the undertaking of any work in any navigable waters. DCM W ILMINGTON, NC
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7. Severability
The provisions of this permit are severable. 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 ISOB-23]
8 Duty to Provide Information
The Permittee shall famish 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 this permit or to determine compliance with this permit. The Pernuttce shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122 41(h)]
9 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)].
10 Expiration of Permit
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 such information, fors, 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 subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122 41(k)].
All permit applications shall be signed as follows-
(1) For a corporation, by a responsible corporate officer For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge z,
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: 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
ranking elected official [40 CFR 122.221
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 EC E I V E D
(3) The written authorization is submitted to the Permit Issuing Authonty [40 CFR 1222C ECEIVE NC
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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]
d Certification Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122 22]. 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 quaked 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 mformation submitted is, to the best of my
knowledge and beluif, true, accurate, and complete I am aware that there are significant penalties for
submitting false information, including the possibility offines and imprisonment for knowing violations "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]
13. Permit Modification Revocation and Reissuanceor 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 Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et al.
14 Annual Administering and Compliance Monitonng Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to mitiate action to revoke the permit.
Section C Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 080 02011.
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose i m inum visitation
requirements are twice per year; and
c submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade, or mc=CEIVED
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-��(fINGTON, NC
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must.
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G 0204.
The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of I SA NCAC 08G .0204
2. 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 Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122 41(e)]
NOTE- Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3 Need to Halt or 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)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c of this section
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a 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.
(2) Unanticipated bypass The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice)
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority 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;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime This
condition is not satisfied if adequate backup equipment 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
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wi(P'colLicL]r;�yrPt M
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a Effect of an upset [40 CFR 122 41(nx2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b of
this condition are met. No determination made dunng administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that-
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit
(4) The Permittee complied with any remedial measures required under Part II B.2. of this permit
c. Burden of proof [40 CFR 122.41(n)(4)]. The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215 1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge, 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H 0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitorine and Records
I Representative Samoline
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluentjoins or is diluted by any other wastestream, body of
water, or substance Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authonty [40 CFR 122.410)]
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period
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 Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address
R1=CEIV'EC?
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NC DEQ / Division of Water Resources / Water Quality Pennittmg Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part 1 of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division Permittees should contact the Division's
Laboratory Certification Section (919 733-3908) or visit https://deq.nc.gov/abouttdtvisions/water-resources/water-
resources-data/water-sciences-home page/labomtory-certification-branch for information regarding laboratory
certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
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 C WA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41 ].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the mmimu n detection or lower reporting level of the procedure If no approved methods are determined
capable of achieving mmimum 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 Penalties for Tampering
The CWA 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 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
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122 411.
6. Records Retention
Except for records of monitoring information required by this permit related to the Pennittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
D all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit RECEIVED
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These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122 41]
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.411.
a. The date, exact place, and time of sampling or measurements;
b The individual(s) who performed the sampling or measurements,
c. The date(s) analyses were performed;
d The individual(s) who performed the analyses,
e The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to,
a Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit,
c Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122 41(1)]
Section E Reporting Reuuirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2 Planned Chanties
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122 41(l)] Notice is required only when:
a The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b), or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122 42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from #vF Djr to
accordance with 40 CFR 122.61. The Director may condition approval in accordance with(.GG�,I 3gD
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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
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a Momtonng results must be reported on a Discharge Monitoring Report (DMR) (See Part Ii.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b 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 calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reoortina
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public 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 cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(I)(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 may also be reported to the Division's Emergency Response
personnel at (800) 858-0368 or (919) 733-3300
7 Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part 11 E 5 and 6. of this permit at the
time monitoring reports are submitted The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7))
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(I)(8)]
9 Noncompliance Notification
The Per imee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10 Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Apt; N1 E D
USC 1318, all reports prepared in accordance with the terms shall be available for public inspeptlon at t. g q �ctIt rON, NC
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of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ]
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permttee (NCGS 143-215.1 C) The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation
The report shall be sent to:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. in accordance with NCGS 143-215 1(a5) [SL 2011-3941, no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section & Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes In Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42)-
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels",
(1) One hundred micrograms per liter (100 µg/L),
(2) Two hundred micrograms per liter (200 µg/L) for acrolem and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-duritrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony,
(3) Five times the maximum concentration value reported for that pollutant in the permit application
b That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels';
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony,
(3) Ten times the maximum concentration value reported for that pollutant in the permit application
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(I1)]
Interference
Inhibition or disruption of the POTW treatment processes; operations, or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Pemiittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H 0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization " [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]-
1 Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2 Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia, or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405471, or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5 Subject to approval under i5A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU), or
6 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thu s a
non -significant categorical Industnal User. R E-C E I V EB
[)CM WILMING`I ON, NC
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
1 Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards
2. Prohibited Discharges
a The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403 [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403 5(b)].
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21,
(2) Pollutants which cause corrosive--% ucturai damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges,
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference,
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW,
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits,
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permmee's Pretreatment Program and/or
the operation of the POTW
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office
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 discharge; the
investigation into possible sources; the period of the discharge, including exact dates and tunes, if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or Fl"-tto1064.200
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local linuts, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as I SA NCAC 02H 0907(a) and (b). [40 CFR 122 446)(2)]
S. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Proemms
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215 3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H 0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(t)(1) and 403 9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403 8(f)(2)(i-iir) and 15A NCAC 02H 0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C 2.c of this Part [15A NCAC 02H .0903(b)(13), .0905 and 0906(b)(2), 40 CFR 403 8(f)(2) and 403.9]
3 Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II E.5 ). [I SA
NCAC 02H .0903(bx16), 0906(b)(3) and 0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122 44]. The Permittee shal R V C O
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implgrgegljlt��aN, NC
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, loca imits are
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enforceable Pretreatment Standards as defined by 40 CFR 403 3(1) [15A NCAC 02H .0903(b)(10), 0905, and
.0906(b)(4)]
5 Industrial User Pretreatment Permits (IUP) & Allocation Tables
in accordance withNCGS 143-215 1, the Pemrittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all iUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA [ I SA NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403 5, 403.8(f)(1)(iii),
NCGS 143-215 67(a)]
6 Authorization to Construct (AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905, NCGS 143-
215.1(a)(8)]
7. POTW Inspection & Monitoring of their lUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards [15A NCAC 02H .0908(e), 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year,
b Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e), and
c At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8 IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908 [15A NCAC 02H .0906(b)(5) and 0905; 40 CFR 403.8(f)(1)(v) and (2)(in); 40 CFR
122 44(j)(2) and 40 CFR 403.121
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H 0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905, 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H 0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the DivisioRECEIVED
lw ng
address
DCM WILMINGTON, NC
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NC DEQ / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March Z of each year and shall contain the following
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements,
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division,
c. Significant Non -Compliance Report (SNCR)
A list of industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
[Us m SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit,
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Pernittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period This list shall be published within four months of the
applicable twelve-month period. [I SA NCAC 02H .0903(b)(34), 0908(b)(5) and 0905 and 40 CFR
403.8(f)(2)(viii)l
12 Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H 0908(t) [I SA
NCAC 02H .0908(f), 40 CFR 403.12(c))
13 Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection [15A NCAC 02H
0906(b)(9) and (10) and .0905; 40 CFR 403 8(f)(3), 403 9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H 0114 and 15A NCAC 02H .0907.
RECEIVED
DCM WILMINGTON, NC
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y �"AN- (-/l
ROY COOPER
MICHAEL S. REGAN
S. PANIIII. SMJIIf
NORTH CAAOLINA
Environmental Quality
February 13, 2020
Mr. John Nichols
Brunswick County
PO Box 249
Bolivia, NC 28422-0249
Subject: NPDES PERMIT ISSUANCE
NPDES Permit NCO057533
Northwest WTP
Grade I Physical Chemical WPCS
Brunswick County
Dear Mr. Nichols:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S: Environmental Protection Agency dated October 15,
2007 (or as subsequently amended).
The final permit includes the following significant changes from the existing permit:
l . Outfall map has been updated
2. Receiving stream for outfall 001 has been corrected to state it is an untamed tributary to Hood
Creek on the Permit Cover Sheet and Supplement to Permit Cover Sheet per information
provided by the permittee's representative.
3. Language on the Supplement to Permit Cover Sheet has been updated for outfal1 001 and new
language has been added to reflect the proposed expansion and addition of the proposed
outfall 002.
4. The facility grade has been added in Section A. (I).
5. Turbidity monitoring has been reduced to 2/Month for outfall 001 in Section A. (1) per the
current water treatment plant guidance.
6. Limit for total residual chlorine has been updated for outfall 001 in Section A. (1) based on the
waste load allocation at full expansion.
7. Limits for copper have been updated for outfall 001 in Section A. (1) per the reasonable potential
analysis.
8. Limits have been removed for fluoride for outfall 001 in Section A. (1) as the reasonable
potential analysis indicates here is no longer a potential to exceed water quality standards, and
the compliance schedule in the renumbered Section A. (3) has been updated to remove Fluoride.
9. Limits have been removed for aluminum and monitoring reduced to quarterly for outfall 001 in
Section A. (1) per the current water treatment plant guidance.
G—�1.._ �r(i
c
1-7
North Carolina Department of Environmental Quality I Division of Water Resources
1611 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707-9000
10. Monitoring for zinc has been removed for outfall 001 in Section A. (1) per the reasonable
potential analysis and as the permittee indicated in the last permit renewal application that zinc
orthophosphate or sweetwater CP 1236 does not have the potential to be discharged.
11. A limited toxicity test with a compliance schedule has been added in Section A. (1) and Section
A. (11) for outfall 001 to address ongoing toxicity issues.
12. Sections A. (2) and A. (12) have been added to reflect monitoring requirements for the proposed
outfall 002, consisting of a reverse osmosis concentrate waste stream into the Cape Fear River.
13. Compliance schedule in renumbered Section A. (3) has been updated to reflect the current items
remaining until the compliance deadline for outfa11001.
14. Section A. (6) has been added to define instream monitoring requirements for the proposed
outfall 002.
15. Section A. (7) has been added for monitoring that will be required for outfalls 001 and 002 after
discharge commences from the proposed outfall 002.
16. Section A. (8) has been added for required monitoring for PFAS compounds at outfall 002.
17. Section A. (9) has been added to address the disposal of the spent membrane cleaning solution
from the reverse osmosis treatment.
18. Language has been updated in renumbered Section A. (13) regarding electronic submission of
effluent data. Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs).
The final permit includes the following significant changes from the draft permit:
l . Items 2, 4, and 5 on the Supplement to Permit Cover Sheet have been updated to clarify
notification should be given 60 days.prior to expanded discharge from outfall 001 based on the
recommendation in hearing officer's report.
2. Descriptions of the wastewater discharges in Sections A. (1) and A. (2) have been updated to
match that described on the Supplement to Permit Cover Sheet based on the recommendation in
hearing officer's report.
3. Aluminum limits have been added back to the permit and updated from the previous permit in
Section A. (1) per the reasonable potential analysis. These limits were mistakenly removed in the
draftpermit.
4. The toxicity footnotes have been updated in Sections A. (1) and A. (2) based on the
recommendation in hearing officer's report.
5. Monitoring and limits for alkalinity have been added in Section A. (2) per the reasonable
potential analysis. This monitoring was mistakenly left out of the draft permit.
6. Footnote #2 in Section A. (2) has been updated regarding instream monitoring frequencies based
on the recommendation in hearing officer's report.
7. The conditions under the effluent tables in Sections A. (1) and A. (2) have been updated to match
language in other permits based on the recommendation in hearing officer's report.
8. The Corrective Action Plan in Section A. (3) has been updated to remove the requirement for the
third year based on the recommendation in hearing officer's report.
9. Section A. (7) has been updated to clarify that monitoring is required at outfall 001 and 002 after
expansion has been completed based on the recommendation in hearing officer's report.
10. The missing parameter codes in Section A. (8) have been added.
11. The parameter name for HFPO-DA (GenX) has been updated in Section A. (8).
12. Monitoring frequency for PFAS compounds has been changed from semi-annual to quarterly in
Sections A. (2) and A. (8) based on the recommendation in hearing officer's report.
Attachment A to this letter contains a list of labs that have been pre -approved as capable of analyzing
PFAS by LCMSMS Compliant with Table B-15 of QSM 5.1 or Latest Version or with an acceptable
variation. Please be aware that criteria are being developed for PFAS compounds and are likely to be
lower than the current drinking water health advisory level. The PFAS drinking water health advisory of
70 ng/L is the target concentration for the sum of sample results for PFOA and PFOS. Results for PFAS
that do not currently require action may trigger reduction activities in the future.
The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the NC
Environmental Management Committee (EMC) on November 13, 2014. The US EPA subsequently
approved the WQS revisions on April 6, 2016 with some exceptions. The NC Division of Water
Resources NPDES Permitting Unit is required to implement the new dissolved metal standards in all
permits public noticed after April 6, 2016.
The new standards for most metals include acute standards. Further, the freshwater standards for several
metals are expressed as the dissolved form of the metals, and seven metals have hardness -dependent
equations. As a result, the NPDES Permitting Unit will need site -specific etiluent hardness data and
instream hardness data, upstream of the discharge, for each facility monitoring these metals in order to
calculate permit limitations. Effluent hardness and instream hardness sampling, upstream of the
discharge, has been added to this permit at a monitoring frequency of quarterly. See Sections A. (1) and
A. (2) Effluent Limitations and Monitoring Requirements.
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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless
such demand is made, this permit shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain any other Federal, State, or Local governmental permit that may be required.
If you have any questions or need additional information, please do not hesitate to contact Brianna
Young of my staff at (919) 707-3619.
Sincerely,
S. Daniel Smith
Director, Division of Water Resources
cc: NPDES Files
Central files
Wilmington Regional Office
WSS/Aquatic Toxicology Branch
WSS/Ecosystems Branch
WSS/Ecosystem Branch
Kelly Boone, CDM Smith
Jonathan Treadway, CDM Smith
Reed Barton, CDM Smith
Paul Calamita, Aqua%aw
Bob Tweedy, Bnmswick County
Glenn Walker, Brunswick County
Chris Harrelson, Brunswick County
Donald Dixon, Brunswick County
Frank Williams, Brunswick County Board of Commissioners
Beth Eckert, Lower Cape Fear River Research Program
Jean Zhuang, Southern Environmental Law Center
Geoffrey Gisler, Southern Environmental Law Center