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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 � � i f 1,` 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 r Slrrnth f31 21{ J Project Location 1n� (2iA) 74, ,211) S flocom � a Leland { `an y _i And' F,E CE-D >tte pC1M, A/I MINGTON, NC FEB r o 2020 N I 012 4 6 8 10 Miles Figure 1. Project Vicinity map Northwest WTP Expansion Site Brunswick County, North Carolina CDM Project No. 232662 Smith i l Z ::Ll 1 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 O � v r 0 N, 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 ' See https://sacredsites.com/americas/unitcd_states/index.htm] Brunswick overview lamh 13. 2019 1.32199 R Pwnu Q &unJF p, p••y�yRyNR Letiq jL SINU CaNF hA� ppE pmy * AWEMUC U 033 0-0$ 19TI • xPml EunpEFNRNO �� N0.1MivduY lcpg bL PaW R SlmExocwwPvn CelxmiwJE� UUE megaka • 0 0.5 1 2Fm � N0.1nYg.(m � SLlrtl�rtl®IEM S'L-9lwrffirka � WE.0 � 0•Iwrtaatl Ek�b�>I ���.� k NNXU CnIn Pml � AeM NE•nW JSLW LN 9w•M/Y • 6LaY WE BdF WEvtl 30tlYLN0a•Wry • $ugepFHRXO. �e HCWKUSOI.iSA fiacEp.CNEb�PIrdu Ob 0.Rnmlerl•a � SptlY Lbl EnW.Oori &N SLutl wlxmxe ENroM Ew.�exy • Su^Y•4FmO ♦ BbJ)n.41lWe PPo•N✓++ �NaEVW RM+W Bw�ary SLWUUE.Um SuwYxIQW Bb4au FHRHU SL an40UE Uxy � OOEN0. CeTa P. RECEIVED DCM WILMINGTON, NC 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 Version 11109120112 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 FEB 1 0 2020 Version 11/09/20112 NPDES Permit Standard Conditions Page 3 of 18 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 FL13 1 0 2020 version 11109120112 NPDES Permit Standard Conditions 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 FEB 1 0 2020 Version 11109120112 NPDES Permit Standard Conditions Page 5 of 18 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 FEB 1 0 2020 Version 11109120112 NPDES Permit Standard Conditions Page 6 of 18 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). FEB 1 0 2020 Version 11109120112 NPDES Permit Standard Conditions Page 7 of 18 (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 permit associated with the treatment facility. DCM WILMING i ON, NC FEB 1 0 2020 Version 11109120112 NPDES Permit Standard Conditions Page 8 of 18 (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? DCM WILMINGTON, NC FEB 1 0 2020 Version 11/09/20112 NPDES Permit Standard Conditions Page 9 of 18 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 DCM Um RnInIGTON, NC FEB 1 0 2020 Version 11109120112 NPDES Permit Standard Conditions Page 10 of 18 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 N, NC FEB 1 0 2020 Version 11109120112 NPDES Permit Standard Conditions Page 11 of 18 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 FEB 1 0 2020 Version 11/09/20112 NPDES Permit Standard Conditions Page 12 of 18 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 RECEIVED DCM WILMINGTON, NC FEB 1 0 2020 Version 11109120112 NPDES Permit Standard Conditions Page 13 of 18 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 REC IVC—D DCM WILMINNGTON, NC FEB i o 2020 Version 11109120112 NPDES Permit Standard Conditions Page 14 of 18 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 SectionIll. Publiely Owned Treatment Works (POTWs) 2020 FEB 1 0 Version 11109120112 NPDES Permit Standard Conditions Page 15 of 18 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 eliminate, and prevent reoccurrence of the noncompliance, DCM WILMINGI"ON, NC FEB 1 0 2020 Version 11AW0112 NPDES Permit Standard Conditions Page 16 of 18 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 FEB 1 0 2020 Version 11/09/2011 2 NPDES Permit Standard Conditions Page 17 of 18 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 FEB 1 0 2020 Version 11/09/20112 NPDES Permit Standard Conditions Page 18 of 18 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 FEB 1 0 2020 Version 11109120112 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