NCS000348_Hearing Officer Report_20200318

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
March 18, 2020
To: Brian Wrenn
Acting Director, Division of Energy, Mineral and Land Resources
From: David May, Washington Regional Supervisor VA&
Division of Water Resources
Subject: Hearing Officer's Report and Recommendations
CPI USA North Carolina LLC Stormwater Permit No. NCS000348
I served as the Hearing Officer for the subject Public Hearing held at the Brunswick County
Community College in Bolivia, NC on November 21, 2019. The purpose of the public hearing
was to allow the public to comment on the draft NPDES Wastewater Permit, Permit Number
NC0065099, and draft NPDES Industrial Stormwater Permit, Permit Number NCS000348,
for CPI USA North Carolina LLC - Southport Facility (CPI Southport). This report has been
drafted to address the NPDES Industrial Stormwater Permit, Permit Number NCS000348,
only. A separate report has been drafted to address the NPDES Wastewater Permit, Permit
Number NC0065099.
In addition to listening to oral comments at the public hearing, I have reviewed all written
comments received during public comment periods in August through September and
November through December of 2019. In preparation of this report, I have considered all
public comments, the public record, discussions with Division of Energy, Mineral and Land
Resources (DEMLR) and Division of Water Resources (DWR) staff related to the rules, and
the site visits for the facility.
The report has been prepared using the following outline:
I. Introduction
II. Facility Background
III. Public Record & Comments with Responses
IV. Recommendations
V. Abbreviations
VI. Attachments
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
D E_ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
CC,
�**� � 919.707.9200

HEARING OFFICER REPORT
for Renewal of NPDES Industrial Permit/NCS000348
CPI USA North Carolina LLC - Southport Facility
This report is presented to the Director of the North Carolina Division of Energy Mineral
and Land Resources.
I. INTRODUCTION
On November 21, 2019, a notice of Public Hearing was published requesting public
comment on the permit renewal drafts for the NPDES Wastewater Permit and draft
NPDES Industrial Stormwater Permit for CPI USA North Carolina LLC - Southport Facility
(CPI Southport), located in the Atlantic Ocean, Cape Fear River Basin. This facility is
located at 1281 Powerhouse Drive, Southport, NC in Brunswick County. The public
hearing was in response to significant public interest in the renewal of this facility's
NPDES Wastewater Permit, NPDES Industrial Stormwater Permit, and ongoing issues
with ash management at the site.
The hearing was held in Bolivia, North Carolina at Brunswick Community College,
Building A on November 21, 2019. Around 100 people attended the hearing, not counting
Department staff. Twenty-one people spoke at the hearing and provided comments on
the two permits being considered. These comments were mainly focused on the
requirements of the wastewater permit and issues with onsite ash management. The
public comment periods for the NPDES Industrial Stormwater Permit were open from
August 14, 2019 through September 13, 2019 and November 21, 2019 through
December 23, 2019. David May, Washington Regional Supervisor with the Division of
Water Resources (DWR) served as the Hearing Officer.
This Hearing Officer report summarizes the major issues raised through the public
hearing process regarding the NPDES Industrial Stormwater Permit, as well as the
Hearing Officer recommendations for the permit renewal. The Director of the Division of
Energy, Mineral and Land Resources (DEMLR) will take final action on these
recommendations.
This Hearing Officer Report does not address the NPDES Wastewater Permit or issues
raised regarding ash management. A separate report has been drafted to address the
NPDES Wastewater Permit. At this time, the Division of Air Quality (DAQ) is scheduled to
renew the CPI Southport Air Quality Permit in 2020. The public will have the opportunity
to submit public comments during the renewal process of the air quality permit and
comments will be subsequently addressed.
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I1. FACILITY BACKGROUND
Facility Background:
CPI Southport is a combined heat and power generation facility that burns a mixture of
coal, tire -derived fuel (TDF), and wood residuals to produce steam and electrical power.
The facility discharges to sub basin 030617 in the Atlantic Ocean, in the Cape Fear River
Basin. The facility operates five internal outfalls (Outfalls SWO01, SW002, SW003,
SW004, and SW006) and one external outfall (Outfall SW005).
The entire site is surrounded by a man-made ditch, which all internal outfalls, except for
SW002, discharge into. The man-made ditch discharges from the site through the
external outfall (SW005), which discharges from the site and flows over land into the
Duke Energy Brunswick Steam Electric Plant (BSEP) manmade effluent channel. The
Effluent Channel is approximately 9.6 miles long and discharges from a pipe
approximately 2,000 feet offshore, into the Atlantic Ocean, a class SB waterbody.
All stormwater leaves the site through Outfall SW005, except for runoff from fuel storage
areas, which discharges to the onsite wastewater treatment system. Because of this, the
facility has Representative Outfall Status (ROS) for Outfall SW005 and only samples
stormwater discharge at this outfall.
It should be noted that there are internal wastewater outfalls onsite as well. These
outfalls are separate from stormwater outfalls and are associated with the onsite
wastewater treatment system. All wastewater at the site is treated onsite in the
wastewater treatment system before being discharged. Treated wastewater discharges
from the site through external outfall WW003, into the BSEP effluent channel.
Previous stormwater permits list Price Creek, a class SC;Sw stream in the Cape Fear River
Basin, as the receiving waterbody for the facility. It was discovered during the 2020
renewal that the facility does not, and has never, discharged stormwater into Price Creek.
All stormwater at the site has always discharged through Outfall SW005 and into the
BSEP effluent channel.
Materials potentially exposed to stormwater include: coal, wood residuals, TDF,
petroleum products, limestone, and ash.
Description of Existing Outfalls:
Outfall SWO01 - Drainage Area 1 (DA1) includes the Boiler and Turbine Buildings with
Conveyors and Conveyor Towers, Baghouses and Exhaust Stacks, an Ash Silo and ash
unloading station, a Limestone Silo and limestone unloading station, Condensate Tank,
and paved roads. The land in DA1 drains to catch basins located along the road that
encircles the power block. The catch basins are connected via a buried storm sewer that
discharges from internal Outfall SWO01 into the man-made drainage ditch that
surrounds the site.
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• Turbine and Boiler Building - The Boiler and Turbine buildings are fully enclosed
and do not present a potential for storm water pollution.
• Conveyors and Conveyor Towers - Coal, wood and TDF occasionally fall from the
covered conveyors onto the ground. The quantity of material that falls in this
manner is small (<1001bs/year), and the ground beneath the conveyor is regularly
policed to keep the area clean. These pieces have a small surface area to volume
ratio and therefore, a low potential to leach pollutants. The potential for
stormwater pollution from the conveyors is low.
• Ash Silo - Stormwater from the immediate vicinity of the ash silo is routed to the
stormwater system. The Ash Silo is equipped with an enclosed ash slurry system
which makes a wet slurry from the ash. The slurry is loaded into trucks to
minimize the generation of fugitive ash. All ash at the site is stored in the enclosed
silo. There are no ash ponds on site. As such, the ash silo is a moderate risk as a
source of stormwater pollution.
• Limestone Silo - The limestone silo is fully enclosed and is considered a moderate
risk as a source of stormwater pollution.
• Condensate Tank and Paved Roads - The Condensate Tank contains only
demineralized water and the paved roads experience only light traffic and the
potential for resulting stormwater contamination is low.
Outfall SWO02 - Drainage Area 2 (DA2) includes the Coal Pile, Coal Storage Area, Wood
Storage pad and storage areas, Conveyors, Radial Stackers, TDF storage area, the
Wastewater Basin and Wastewater Treatment Building, and the
Maintenance/Warehouse Building. Additionally, both Transformer Yards are present in
DA2. Stormwater from both yards drains to an Oil Trap Pit and is then pumped into the
wastewater treatment system.
Except for the Transformer Yards, drainage in DA2 is routed to the V-ditches that
surround the Coal Pile and Coal Storage Area. The V-ditches transport stormwater to the
wastewater treatment system. There is no potential for stormwater pollution in DA2
because all stormwater runoff is controlled and treated as an industrial wastewater.
Outfall SWO03 - Drainage Area 3 (DA3) includes portions of the Cooling Towers, the
Cooling Tower Chemical Storage Areas, the Switch Yard, the Oil Trap Pit, the Truck
Dumpers, the Rail Car Unloading Area, the Railroad Spur, and coal and wood unloading
conveyors. A sub -basin within DA3 drains to a sand filter. The sand filter is designed to
remove 85% of the Total Suspended Solids (TSS) from the sub -basins stormwater before
it is discharged through internal outfall SWO03 into the man-made ditch surrounding the
site. Stormwater runoff from the Truck Dumper areas either sinks into the ground, flows
into the sand filter, or in the case of a large storm, may flow along the railroad spurs in a
northwesterly direction and be discharged into SW003.
• Cooling Tower -Precipitation that falls directly on/into cooling towers becomes
an industrial wastewater and does not enter the stormwater system. Drift from
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the cooling towers has the potential to settle on the ground in the vicinity of the
towers; however, the drift contains minerals naturally present in the cooling
water makeup sources (groundwater and/or potable municipal supply) and none
of the cooling tower chemicals contain any of the 126 priority pollutants.
Therefore, the potential for stormwater pollution from the cooling towers is low.
• Cooling Tower Chemical Storage Area -The Chemical Storage Areas associated
with the cooling towers are equipped with the required secondary containment
and the potential for stormwater pollution from the Chemical Storage Areas is
low.
• Railroad Car Unloading Area - A diesel fuel tank and a hydraulic fluid
reservoir/system are located within the Rail Car Unloading area in the required
secondary containment. The bulk transfer of diesel fuel occurs from tank trucks
that are positioned in a dedicated unloading area within the required secondary
containment. Therefore, the potential for stormwater pollution from the Rail Car
Unloading Area is low.
• Coal Conveyors - Coal occasionally falls from the covered conveyor belts onto
the ground. The quantity of material that falls in this manner is small (< 100
pounds/year), and the ground beneath the conveyor is regularly policed to keep
the area clean. These pieces have a small surface area to volume ratio and
therefore, a low potential to leach pollutants. The potential for stormwater
pollution from the coal conveyor is low.
• Truck Dumpers and Wood Conveyors - Wood chips falling from the Truck
Dumper or Wood Conveyors while the chips are transferred from the Truck
Dumper to the Radial Stacker represents a stormwater pollution risk. During all
but the largest storm events, stormwater contacting these activities either sinks
into the ground, or flows into the sand filter, which is designed to remove most of
the incoming TSS. Therefore, the potential from stormwater pollution from this
activity is low. Both Truck Dumpers have Hydraulic Oil Tanks and a 300-gallon
Diesel Tank, all located within the required secondary containment.
• Railroad Spur - Coal occasionally falls from the rail cars onto the ground beneath
and adjacent to the railroad spur. The railroad spur is regularly policed to keep
the area clean. These pieces have a small surface area to volume ratio and
therefore, a low potential to leach pollutants. The potential for stormwater
pollution from the railroad spur is low.
• Switch Yard and Oil Trap Pit - The switch yard is not a part of the CPI Southport
leased property and is therefore maintained by Duke Energy. The switch yard is
not a source of stormwater pollution. The Oil Trap Pit is an uncovered oil -water
separator that may collect rainfall. Any rainfall that falls directly into the Oil trap
Pit is pumped or otherwise conveyed to the Wastewater Treatment System.
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National Salvage - It should also be noted that a portion of the site, near the railroad
tracks along the eastern side of the site, is leased to National Salvage and Service
Corporation. National Salvage grinds scrap railroad ties into wood biomass onsite at CPI
Southport. The wood is stored onsite in DA2 in the same area as the coal storage. National
Salvage operations take place in drainage areas DA2 and DA3. Equipment associated with
the processing of scrap railroad ties into biomass is used and stored in both sections.
National Salvage has a separate Division of Air Quality (DAQ) permit associated with their
operations onsite. During inspections performed in 2019, it was directed that National
Salvage would apply for a separate individual industrial permit, for the purpose of the
better management of the leased area and stored product. National Salvage is currently
completing the application process at the time of this Report.
Outfall SWO04 - Drainage Area 4 (DA4) includes the southern half of the cooling towers
and a portion of the entrance road to the site.
Precipitation that falls directly on/into cooling towers becomes an industrial wastewater
and does not enter the stormwater system. Drift from the cooling towers has the
potential to settle on the ground in the vicinity of the towers; however, the drift contains
minerals naturally present in the cooling water makeup sources (groundwater and/or
potable municipal supply) and none of the cooling tower chemicals contain any of the
126 priority pollutants [referencing wastewater]. Therefore, the potential for
stormwater pollution from the cooling towers is low.
Outfall SWO05 - Drainage Area 5 (DA5) includes the Demineralizer Building, the
Neutralization Tank, the Reverse Osmosis (RO) Building, the Drum Storage Area, Water
Tanks (for raw water storage), trash dumpsters, and a portion of the paved entrance
road. Stormwater in DA5 flows over land into the man-made ditch that surrounds the
site. Stormwater Outfalls SW001, SW003, SWO04 and SWO06 discharge into the man-
made ditch and all stormwater leaves the site through Outfall SW005.
• Demineralizer Building - The demineralizer building is fully enclosed and does
not present a potential for stormwater pollution.
• Neutralization Tank - The tank is an FRP process water tank that is surrounded
by a "U-shaped" concrete swale.
• Reverse Osmosis Building - The RO building is fully enclosed as does not
present a potential for stormwater pollution.
• Paved roads and trash dumpsters - Paved roads have minimal impact on
stormwater pollution because all trucks are required to be covered, tarped, or
enclosed, which minimalizes spillage. Only debris free of oil is placed into the trash
dumpsters. The potential for stormwater pollution from this area is low.
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Drainage Area 7 (DA7) drains a small area to the east of DA1. Stormwater runoff in this
area flows over land towards the man-made ditch that surrounds the site, or into drop
inlets that discharge water into the man-made ditch, which discharges through Outfall
SW005. Potential stormwater pollution sources include the Pump House, Electric Fire
Pump Transformer, the Unloading Bay, the gasoline and Drum Storage Area, Conveyors
and Conveyor Tower, Ash Silo, Limestone Silo, and paved roads.
• Pump House - a 300-gallon Diesel Fuel Tank is located outside, between the
Pump House and RO Building. The tank provides fuel for the Emergency Fire
Water Pump (powered by a diesel engine), in the Pump House. The tank has the
required secondary containment. The potential for stormwater pollution from the
Pump House is low.
• Electric Fire Pump (EFP) Transformer - the EFP Transformer contains 125-
gallons of transformer oil and is located outside of the Pump House in the required
secondary containment. The potential for stormwater pollution from the EFP is
low.
• Unloading Bay - the unloading bay is used to transfer chemicals stored in the
Demineralizer Building and contains no materials that may potentially
contaminate storm water except during active transfer operations, which are
documented in the SPCC plan. The concrete pad also drains to the wastewater
treatment system. The potential for stormwater pollution from the Unloading Bay
is low.
• Gasoline and Drum Storage Area - this area is used to store a 30-gallon gasoline
dispenser or water treatment chemical drums. The area is equipped with a
concrete berm and a partial roof and has the required secondary containment.
The potential for stormwater pollution from the Gasoline and Unloading Bay is
low.
• Conveyors and Conveyor Towers - Coal, wood and TDF occasionally falls from
the covered conveyors onto the ground beneath. The quantity of material that falls
in this manner is small (on the order of <100 lbs/year), and the ground beneath
the conveyor is regularly policed to keep the area clean. The potential for
stormwater pollution from the Conveyor/Conveyor Towers is low.
• Ash Silo - An Ash Silo is located near the Pump House near the corner of the Boiler
Building. Stormwater from immediate vicinity of the ash silo is routed to the
stormwater system. The Ash Silo is equipped with an enclosed ash slurry system
which makes a wet slurry from the ash. The slurry is loaded into trucks to
minimize the generation of fugitive ash. All ash at the site is stored in the enclosed
silo. There are no ash ponds on site. As such, the ash silo is a moderate risk as a
source of stormwater pollution.
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• Limestone Silo - The limestone silo is fully enclosed and is considered a
moderate risk as a source of stormwater pollution.
• Paved Roads - The paved roads experience only light traffic and the potential for
resulting stormwater contamination is low.
Outfall SW006 - Drainage Area 6 (DA6) includes a small area to the north of the
wastewater treatment system. Potential pollution sources are from the storage of new
and used equipment along the security fence, and from wastewater treatment chemical
totes which are equipped with the necessary secondary containment. The stored
equipment includes spools of wire, as well as new and used equipment. Precipitation
would contact the equipment, spools, metal wire, and plastic composite insulation before
running off. Therefore, the potential for stormwater pollution from DA6 is moderate.
Permit History:
The original permit was issued in 2002. A violation has never been generated as a result
of a stormwater inspection.
It should be noted that at the time of this Report, the facility can only be measured against
2010 permit requirements and not 2020 renewed permit requirements. The permit
template has undergone updates that have both changed and strengthened permit
requirements since the 2010 permit issuance. It is the responsibility of the facility to
address and/or implement changes. Examples include updates to SWPPP and monitoring
requirements.
Stormwater Pollution Prevention Plan (SWPPP,I - The facility must create, maintain,
and implement a SWPPP. In general, the purpose of the SWPPP is for the facility to have
an extensive plan for keeping the site as clean as possible to control/minimize
stormwater exposure to onsite industrial activity. The SWPPP includes requirements for
Secondary Containment and Records, a Stormwater Management Plan, Preventative
Maintenance and Good Housekeeping, etc. Inspectors assess compliance with the SWPPP
during facility inspections. The SWPPP is required to be reviewed and updated annually.
Updates may also be made throughout the year in response to benchmark exceedances
or Tier Responses (discussed below).
Complete SWPPP requirements can be viewed in the Final Permit, included as
Attachment A.
Analytical Monitoring - During the 2010 renewal of the current permit, dated May 1,
2010 through April 30, 2015, the following parameters were added as part of a
comprehensive effort to investigate stormwater pollution associated with coal -fire
power plant facilities: 13 priority pollutant metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb,
Se, Tl, and Zn), aluminum, boron, sulfate, oil and grease, and pH.
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It should be noted that the current permit expired in 2015. The permit allows for
continued discharge under an expired permit as long as an application for renewal is
submitted within 180 days of permit expiration and the facility has stayed current with
annual permit fees. During this time, the facility must continue to operate under the
conditions of the permit and remain in compliance.
The facility has monitored for 20 parameters tailored to potential pollutants at the facility
for the permit term 2010-2020: Aluminum (Al), Antimony (Sb), Arsenic (As), Beryllium
(Be), Boron (B), Cadmium (Cd), Chromium (Cr), Chemical Oxygen Demand (COD), Copper
(Cu), Lead (Pb), Mercury (Hg), Nickel (Ni), Oil and Grease (0&G), pH, Selenium (Se), Silver
(Ag), Sulfate (SO4), Thallium (TI), Total Suspended Solids (TSS), and Zinc (Zn).
• TSS was added for the purpose of tracking solids concentration in stormwater (ex.
sand, organic matter, solid particles).
• COD is an indicator for organic materials in stormwater and is a conventional
pollutant associated with wood storage.
• 13 priority pollutant metals (Ag, As, Be, Cd, Cr, Cu, Hg, Ni, Pb, Sb, Se, Tl, Zn) as well
as Aluminum and Boron were added for their known association with coal and
combustion. Copper is also a conventional pollutant associated with wood
storage. Zinc is also a conventional pollutant associated with tire storage and
scrap metal.
• Sulfate is a conventional pollutant associated with coal.
• 0&G is a conventional pollutant associated with onsite petroleum storage and
truck traffic.
• pH is a standard addition to the permit.
Benchmarks - Each parameter is assigned a benchmark value to be monitored against.
Benchmarks are determined by the Division of Water Resources (DWR) Planning Section.
Because of the sporadic nature of rainfall, acute (short term effects) to aquatic organisms
are considered when establishing stormwater benchmarks. Benchmarks are not effluent
limits. They are a tool for facilities to assess the significance of pollutants in stormwater
discharges and assess the effectiveness of SWPPPs and best management practices.
Because the receiving waterbody is a saltwater, several of the benchmarks assigned to
several parameters are listed as "NA." This is because not enough data exists associated
with saltwater to assign a numerical value. For these cases, the facility is required to
continue to monitor for the parameter. DEQ monitors sampling data for spikes that may
indicate an issue with the site. Also, when a benchmark value becomes available, the
facility will have a comparative history.
During the 2019 permit renewal, DWR was able to provide saltwater benchmarks for
parameters previously listed as NA: Aluminum, Mercury, and Thallium. Other updated
benchmarks and associated justifications are available in the Final Permit, included as
Attachment A, and Staff Report, included as Attachment B.
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Analytical samples are taken semi-annually (twice per year) during qualifying rain
events. Analytical results are submitted to the Division in the form of a Discharge
Monitoring Report (DMR). If there is not a qualifying rain event within the sampling
timeframe, the facility submits a DMR that says there was no discharge.
A total of 16 sampling events, ranging from 2010 to 2019, were available for review
during the renewal period. A summary table of the monitoring data with saltwater and
freshwater benchmarks is included as Attachment C. Freshwater benchmarks were
included for comparison against saltwater benchmarks that have a "NA" value.
The saltwater benchmarks with an "NA" value include: Aluminum, Antimony, Beryllium,
Boron, and Thallium. The freshwater values for Boron and Thallium are also "NA." In
total, there were three freshwater benchmark exceedances for Aluminum in 2011, 2013,
and 2016. There were no freshwater benchmark exceedances for Antimony or Beryllium.
Most of the parameters sampled consistently showed values below the lab detection
limit. However, there were intermittent saltwater benchmark exceedances for COD
(2013), Copper (2012, 2013, 2017), TSS (2013), and Zinc (2011-2013, 2015-2017, and
2019).
Tier Response - In the event of an exceedance, there is a tiered system built into the
permit for the facility to follow to address, identify, and prevent future benchmark
exceedances. After the first exceedance, the facility is considered to be in Tier One. The
facility is expected to conduct an inspection, identify the source, implement changes, and
record the exceedance. After a second consecutive exceedance, the facility is considered
to be in Tier II. This immediately triggers monthly monitoring for all parameters at every
outfall where benchmarks were exceeded for two consecutive sampling events. Tier One
procedures must be recompleted, and the facility must continue monthly monitoring
until there have been three consecutive monitoring events where the results were below
benchmark values. During the permit renewal period, the permit was revised to include
a Tier III event, where after four exceedances for any specific parameter at any specific
outfall, the facility must notify the Regional Engineer in writing. Tier Events are
responses that are required in the event of a benchmark exceedance/exceedances and as
such, require continued investigation, improvement, maintenance, and record keeping
by the facility.
Complete Tier Event and other permit requirements can be found in the Final Permit,
included as Attachment A.
During the 2020 permit renewal, it was discovered that the facility has not responded
appropriately to documented benchmark exceedances associated with Zinc, TSS, COD,
and Copper. The incomplete/lack of response to benchmark exceedances in accordance
with the requirements of the permit has resulted in the modification of the permit and
the revocation of ROS. Also see Hearing Officer Recommendations in Section V.
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More information about the NPDES Industrial Stormwater Program can be found here:
https:/Ideq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-
stormwater.
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III. PUBLIC RECORD AND COMMENTS WITH RESPONSES
Ahlers, Deborah G., Mayor, Town of Caswell Beach, NC (attended hearing)
21Nov2019 Letter with comments (rec. by e-mail 20Nov2019 & @ hearing), (content nearly identical to
19Nov2019 letter from Town of Oakland)
21Nov2019 speaker #5 oral comments (01:10:01-01:12:23)
• Praise:
o Thanked DEQ for allowing the Town to submit comments.
o Appreciated the hard work of staff and providing for people of NC.
o CPI, ADM, Duke Energy are good neighbors in our community.
o Pollutants of Concern (POC) (See Response Section IV. A.): Wants all POC onsite to be
identified, monitored, and limited to protect human health and aquatic life.
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o Wants assurance that discharge does not pose risk for the Town. The Town is close to
the ocean outfall.
o Concerned about how discharge effects beaches & recreation regarding water quality.
o Concerned about how discharge effects on tourism.
o Wastewater Permit (See Response Section IV. F.): Wants limitations to protect human health
and aquatic life.
Allen, Kerri, Coastal Advocate, N.C. Coastal Federation (attended hearing)
21Nov2019 speaker #6 oral comments, (01:07:09-01:10:01)
[Also see: 02Aug2019 written comments see SELC et al-NC0065099-WW Public Comment 20190802, see
summary below); 13Sept2019 written comments see letter SELC et al-NCS000348-SW Public Comment 2
of 2_20190913, (see summary below)]
• Praise: We recognize the significant efforts that have gone into these draft permits, and the
improvements that have been made.
• Criticism: Wants DEQ to protect public health.
• Pollutants of Concern (POC) (See Response Section IV. A.):
o Too much is unknown, total impacts of CPI, fully understand what is being mixed at
the site.
o Contaminants for wastewater pose health risks.
o Runoff from coal, wood, & TDF; contaminants such as arsenic, lead, cadmium,
creosote
Permit Requests (See Response Section IV. E.): Wants DEQ to strengthen the permits.
Wastewater Permit (See Response Section IV. F.):
o Wants CPI to test wastewater during permit term.
o Wants no discharge of bottom ash transport water.
o Per the CWA, polluters must control their discharges using best available technology
and economically achievable.
Transformer Fluid/PCBs (See Response Section IV.I.): 20,000-gallons of transformer oil
onsite - concerned about PCBs.
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Alt, Richard, resident of Southport (attended hearing)
16Dec2019 Letter to Joseph P. Hatem, Mayor of the City of Southport, rec. by NCDAQ 23Dec2019.
• Criticism:
o Wastewater and Storm Water permits expired in 2015. State was too busy to begin
renewal until 4th quarter of 2019. will proffer that based on the comments of the state
officials of being underfunded; the level of oversight on these important environmental
issues may stay at this same level of scrutiny.
o It would seem we have another Gen X debacle about to hit the press wherein the State of
North Carolina and EPA both knew, or should have known, they were polluting the Cape
Fear Region with toxic chemicals.
• Pollutants of Concern (POC) (See Response Section IV. A.): 126 PPA does not include from the
burning of railroad ties and TDF the following:
o Hexafluoropropylene Oxide (HFPO) Dimer Acid and its Ammonium Salt
o Chromated Copper Arsenate
o 1, 3 Butadiene
o Benz (a) Pyrene (which have been listed by EPA as known human carcinogens and
mutations)
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o Benchmarks:
0 21 chemicals tested twice a year, 7 have no benchmarks for saltwater dilution
(Aluminum, Antimony, Beryllium, Boron, Mercury, Thallium, and TR). Mercury.
o Cannot fail tests.
o "I was informed if DEQ saw a spike in any of these 7 chemicals they would engage CPI on the
nature of the rise but it did not appear there was an established policy to take immediate
action or to notify the local jurisdictions since CPI at that point would not have violated the
permit."
o Human Health/Aquatic life: Concerned with limitation of mercury and impact on human
health (recreation, fish consumption), sport & commercial fisheries; and aquatic life.
Response: Industrial activities should not contribute any mercury to stormwater discharges.
It was a requirement of the 2010 permit that mercury be analyzed by EPA Low-level
detection method 1631E. This method also requires a field blank be analyzed. It was also a
requirement that values above 0.012 ug/L be noted on DMRs. There was no detection of
mercury in stormwater samples from 2010-2019. The freshwater benchmark for mercury
is taken from the NC Water Quality Standard in 15A NCAC 213.0211. During the 2019/2020
renewal, a mercury saltwater benchmark of 0.000025 mg/L was established.
• Air Quality (See Response Section IV. G.):
o Last test on CPI boilers conducted June 26, 201, it is not tested for proposed particulate
matter, hydrogen chloride, and Mercury.
o Fuel: None of the known byproducts of burn TDF and railroad ties are tested.
o Ash Fallout: The residents on the East side of Southport complained of almost daily soot
deposits on their homes and cars.
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Baker, Lin (sp. Lynn in transcript), OCEANA [Lin was Environmental Specialist for the New York state
Shellfish Division.]
21Nov2019 speaker #8 oral comments, (01:15:53-01:19:43).
Indicated 'yes" to written comments on speaker in sheet but none were received.
• Overall Criticism: Criticized DEQ for GenX, lowering standards for CWA, drilling off of our
shores, and now CPI. "How is it that DEQ allows anyone to dump large quantities of any toxic
chemical into our waterways?" ... "the North Carolina Senate has made it clear that they are
out to protect the interest of big business", not the health of constituents of North Carolina"
DEQ, do your job. Protect us, don't protect CPI."
• Water Quality at Ocean Outfall (See Response Section IV. D.): Only six football fields of the
beach at Caswell, only to be washed up on the next high tide.
• Wastewater Permit (POC) (See Response Section IV. F.):
o Why doesn't DEQ know what is in the wastewater? And if it does know, why don't we?
Is this the legacy we want to leave behind? These pollutants should be identified before
issuing a new permit.
o Burning of coal, TDF, and creosote treated railroad ties.
o "Right now, the Clean Water Act requirements only apply to one waste stream, and this
plant has several."
o Flow: 400,000 gallons per day, including bottom ash.
o Concerned with discharge of bottom ash. No discharge of coal ash should be allowed.
• Air Quality (See Response Section IV. G.l:
o Fuel: Burning of coal, TDF, and creosote treated railroad ties.
Baldwin, Diane, resident of Oak Island, NC (attended hearing)
2019Sep2019 written comments.
• Water Quality at Ocean Outfall (See Response Section IV. D.): No discharge form CPI should be
allowed in the ocean or other waterways.
• Permit Requests (See Response Section IV. E.l: Deny discharge permits for CPI.
Baldwin, Merle, resident of Oak Island, NC (attended hearing) [Merle worked in the remediation and
hazardous waste cleanup industry.]
21Nov2019 speaker #17 oral comments (01:43:28-01:46:18).
• Criticism: "you can't get something clean without getting something else dirty. And it's
possible to get everything dirty and nothing clean."
• Pollutants of Concern (POC) (See Response Section IV. A.): CPI burns creosote treated wood.
The by products from those when you don't burn it at a certain temperature such as
Pentachlorophenol.
• Wastewater Permit (See Response Section IV. F.)
o CPI does a grab sample - one per permit period (5yrs).
o PPA Sampling should be semi-annually.
o Wants CPI to install auto samplers.
o Bottom Ash Transport: Do they use dewatering plates, or dewater with a belt (press)?
• Air Quality (See Response Section IV. G.l:
o Fuel: burn temperature, creosote, pentachlorophenol
14

Brochure, Cin, Mayor, Town of Oak Island [outgoing Mayor, incoming Mayor is Ken Thomas]
19Nov2019 letter with comments, (content nearly identical to 21Nov2019 letter from Town of Caswell
Beach).
• Praise:
o Thanked DEQ for allowing the Town to submit comments.
o Appreciated the hard work of staff and providing for people of NC.
o CPI, ADM, Duke Energy seek to be good neighbors in our community.
o Pollutants of Concern (POC) (See Response Section IV. A.): Wants all POC onsite to be
identified, monitored, and limited to protect human health and aquatic life.
• Facility Monitoring (See Response Section IV. B.):
o Wants quadra-annual (quarterly?) reports from NCDEQ.
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o Wants assurance that discharge does not pose risk for the Town. The Town is close to
the ocean outfall.
o Concerned about how discharge effects beaches & recreation regarding water quality.
o Concerned about how discharge effects on tourism.
• Wastewater Permit (See Response Section IV. F.): Wants limitations to protect human health
and aquatic life.
Brunswick Environmental Action Team (BEAT)
02Aug2019 written comments see SELC et al_NC0065099_WW Public Comment 20190802, (see
summary below);
Key, Peter, President, BEAT, 21Nov2019 speaker #7 oral comments (01:12:23-01:15:53) (see summary
below);
Key, Peter, President, BEAT, 19Dec2019 written comments, p. 32-34. (see summary below).
Burnish, Betsy, resident of area & concerned citizen
01Aug2019 written comments.
o Wastewater Permit (See Response Section IV. F.): Believes that the ash being diffused throughout
the ocean is shortsighted and does not address negative effects of large amounts of waste being
placed in a living body of water. "The effects this could cause on the ecosystem of the ocean as well
as the people that consume seafood and swim are long reaching." Deny request to discharge the ash.
Cape Fear River Watch
02Aug2019 written comments see SELC et al_NC0065099_WW Public Comment 20190802, (see summary
below);
13Sept2019 written comments see letter SELC et al_NCS000348_SW Public Comment 2 of 2_20190913, (see
summary below).
Clark, Chris L, resident of Southport, NC (attended hearing with wife Tina)
12Dec2019 written comments.
Praise: Thank you for holding the public hearing and considering input form public prior to
proceeding with renewals
Criticism: wake up and start making tough (smart) decisions regarding the environment, -
increasingly, toxic chemicals are being found in the air and water; contaminants in drinking
water supplies such as "GenV; fish stocks and the marine life are being fouled; and health
impacts will get worse unless we wake up and take a stand now.
15

Pollutants of Concern (POC) (See Response Section IV. A.l: toxic chemicals - burning old
railroad ties (treated with creosote) and TDF - bottom ash
Wastewater Permit (See Response Section IV. F.): understands that CPI is not dumping any
ash from their operations into the water.
Air Quality (See Response Section IV. G.):
o Fuel:
o Strongly opposes burning old railroad ties (treated with creosote) and TDF; which
are both full of toxic chemicals
o Require CPI to burn fuels that are known to be clean (non -toxic) as possible, such as
natural gas
o Emissions:
o He has personally seen ash residue falling on homes.
o The ash in the CPI power generation process is getting into the atmosphere and
ultimately back into the environment and waterways.
Drzeweizki, Edward, resident of Oak Island, NC (attended hearing)
21Nov2019 speaker #2 oral comments (00:56:27-00:59:19).
• Criticism: "...how do we enforce and how do we guarantee that all these things are going to
be in place?... I just don't have any faith in the system because we get our water supply from
the Cape Fear River. And Chemours [ph] has promised the world that it's not going to be
dumping chemicals in there. And as a result, to that, we have to resort to Brunswick County
to putting in a reverse -osmosis system to eliminate the pollutants that put —they're putting
into the river."
• Wastewater Permit (See Response Section IV. F.):
o Critical of the monitoring frequency of once per permit cycle for PPA.
o Generally, does not agree with the concept of self -monitoring. Mistrust.
• Air Quality (See Response Section IV. G.):
o Fuel: Plant functions like a 3rd world country. Burns TDF, coal, wood.
Dudley, Phil, resident of Oak Island, NC (attended hearing)
12Dec2019 written comments.
• Criticism: "At the public hearing last night it was shocking to learn that the CPI operating
permit has had so little state oversight."... "Frankly, it is beyond belief that CPI performs its
own monitoring and that the permit allows ash to be pumped into the ocean."... "Please
protect the citizens of North Carolina and preserve our natural resources!"
• Pollutants of Concern (POC) (See Response Section IV. A.): heavy metals, arsenic, and
creosote.
• Facility Monitoring (See Response Section IV. B.): Generally, does not agree with the concept
of self -monitoring. Mistrust. Please require the new permit to have testing performed by an
independent third party and randomly each and every month.
• Wastewater Permit (See Response Section IV. F.):
o Please set limits.
o Bottom Ash Transport: Discharge ash for burning tires, creosote treated railroad
tires. Ash needs to be retained and land -filled n monitoring, lined facilities. Discharge
ash for burning tires, creosote treated railroad tires.
16

Edes, Brian, Town Attorney, Town of Oak Island
05Aug2019 letter written comments.
• Criticism: Town's elected officials agree that the proposed permit could detrimentally affect
residents, property owners, visitors, and Town as whole.
• Permit Requests (See Response Section IV. E.): Requests the public comment period be
extended past the present deadline.
Fort Caswell Costal Retreat & Conference Center
31July2019, letter from Fort Caswell (rec. 02Aug2019), (see summary under Brittany Pace).
Gilly, Kennedy
02Aug2019 written comments.
• Criticism: Don't let this happen!
Wastewater Permit (See Response IV. F.l
o Bottom Ash Transport: Concerned ash gets concentrated in lagoon which they dump twice
a year and scape out the contents which they truck off.
o Concerned residual bottom ash (coal ash)—17,000 gallons get washed into Atlantic Ocean.
Air Quality See Response Section IV. G.l: Concerned with power plant burning half adulterated
wood, creosote wood/treated lumber, and half TDF.
Goforth, George & Monica, residents of Harbor Oaks subdivision, South Port, NC
Harbor Oaks is one of three (3) mid -sized subdivisions located —0.5 miles from CPI.
26Nov2019 written comments (received 05Dec2019).
• Criticism: Does not claim to be an expert. However, believes that CPI is damaging our
environment, and that the state government should address and fix this problem.
• Water Quality at Ocean Outfall (See Response Section IV. D.): CPI is dumping its significant
waste into the Duke Energy canal that ends up in the Atlantic Ocean.
• Air Quality (See Response Section IV. G.):
o Concerned with carcinogens in atmosphere
o Burning of cresol treated wood & TDF
o Generation of a significant amount of "black smoke" for CPI's smokestack
o Black soot on homes and cars
o A year ago, the City of Southport complained, CPI admitted that there was a malfunction,
and agreed to pay for power washing of homes and vehicles.
o Concerns with sooth causing respiratory illness and cancer
Goode, Kristen, resident of Brunswick County
02Aug2019 written comments.
• Permit Requests (See Response Section IV. E.: Firmly against allowing CPI to discharge inter the
canals, rivers, etc. noted in application.
Haddon, Chap, resident of Turtlewood subdivision, Southport, NC (attended hearing)
21Nov2019 speaker #12 oral comments (01:29:02-01:31:42).
• Praise: "thank you for taking the time to open up and allow us to speak to you about this".
• Wastewater Permit (See Response Section IV.F.)
o Bottom Ash Transport: Concerned that 32 years of bottom ash is in the bottom of the
canal (-544,000 gallons).
17

o Plant built in 1987 - have we updated those standards to what we can do today in
both processes, and procedures, and equipment?
• Air Quality (See Response Section IV. G.):
o "... I will attest to the fact that we do have to clean our houses fairly frequently"
o "Our cars are coated in materials"
o "As Dr. Haten pointed out, what we breath into our lungs can clearly impact us, and could
be significant to both the elderly population, and also to the young people."
Halliwell, Dale, resident of Southport, NC
03Dec2019 written comments.
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o I live here and fish here. I am also bound by law from discharging or disposing of anything
that is harmful to the ocean or the creatures that live there from my boat
o As a homeowner, I do not discharge harmful substances...
o For us citizens, we get cleaner air and cleaner water for the effort. (The effort that CPI in
changing to a different fuel.)
• Air Quality (See Response Section IV. G.):
o Would like CPI to use only biomass for fuel
o TDF & creosote contaminated railroad ties are unacceptable
o Not asking CPI to make capital expenditures on new equipment or change their process;
only that they do the right thing and use a cleaner fuel source.
o CPI would have long term savings for increased boiler efficiency and diminished
equipment downtime associated with cleaner fuel.
o As a former textile executive with decades of experience with steam plants and
cogeneration operations around the world, knows that clearer fuel will make process
more efficient and predictable. Equipment will last longer. CPI needs to build "good
neighbor" policy.
Hatem, MD, Joseph P., Mayor -elect (at the time of the hearing, currently Mayor), Southport, NC
(attended hearing)
21Nov2019 speaker #10 oral comments (01:22:57-01:26:20).
• Praise: Thanked DEQ for presentation.
• Water Quality at Ocean Outfall (See Response Section IV. D.)
o Quotes from his 2015 campaign regarding the environment and public health (health
of the City): "Southport is blessed with the maritime forest, gorgeous live oaks, the
beautiful Cape Fear River flowing into the Atlantic Ocean. The Intracoastal Waterway,
creeks, and marshes, and all need to be preserved and protected, allowing these
habitats to thrive. We will promote public health measures that provide clean water
and clean air, and ally with county, state, and federal agencies, as well as conservation
groups, to enhance our environmental treasures."
• Wastewater Permit (See Response Section IV. F.):
o Concerned about the 1.9 billion gallons discharge from Duke.
o Best Available Technology:
o "If they have the technology to have these plants there, they have the
technology so there will be zero emissions from that plant."
18

o As the mayor, he would be happy to go out to the plant and look around and
inspect.
Air Quality (See Response Section IV. G.):
o 'The second quote is from a professor at UNC School of Public Health. "Everyone is
impacted by air pollution. But our exposure is far more complicated than what we
knew before. What we are trying to investigate, and highlight is what are the true
drivers of toxicity in the atmosphere. Not only the atmosphere, but in our water, in
the ground."'
o We don't know the ramifications of what we are being exposed to. "The stuff that
you're wiping off your cars, you can't wipe it out of your lungs."
Holden Beach (Town of), NC, Resolution 19-07
17Dec2019 written resolution (rec. 19Dec2019).
• Pollutants of Concern (POC) (See Response Section IV. A.): Given the uncertainties, quarterly
monitoring frequency of pollutants of concern, which include copper and chromium, does not
appear adequate.
• Water Quality at Ocean Outfall (See Response Section IV. D.)
o Discharges have the potential to adversely impact ocean water and onshore sand
quality, with potential safety ramifications for local and migratory species as well as
humans.
o The Town relies on its reputation as a safe and pristine beach community to attract
tourism, the main economic driver for the town.
Permit Requests (See Response Section IV. Q: Before any decision is taken by NCDEQ on
granting the two permits in question to CPI, additional public hearings shall be held and an
additional period of public comment on the applications and proposed/draft permits shall be
offered.
Wastewater Permit (See Response Section IV. F.):
o Given the uncertainties, monitoring frequency of one per permit cycle, i.e., one in 5
years, for Priority Pollutants of concern does not appear adequate. Given the
uncertain makeup of the CPI burn mixture, consistent waste stream is difficult to
envision.
o Bottom Ash Transport: Stated that Bottom ash transport water and stormwater have
been added to the allowed discharge. Has issued draft permits with conditions that
would allow increased volume of permitted discharges from the site.
Public Information Request (See Response Section IV. H.):
o Longer term historical data on the specific components and their concentrations in
various CPI discharges does not appear readily available on the NCDEQ website for the
permit applications.
o DEQ: Make available to the public all modeling, existing individual component historical
monitoring data, and risk assessments.
19

Humphries, Justin, Town Attorney, Town of Caswell Beach
02Aug2019 written comments.
• Permit Requests (See Response Section IV. E.): Renewal effects Town and residents and the Town
would like the opportunity to a greater understanding of the impact of the potential renewal prior
to making public comments. Requests extension for public comments - 30 days.
Ingram, Jennifer, resident Turtlewood subdivision, Brunswick County
21Nov2019 speaker #20 oral comments (01:47:53-01:50:58).
• Criticism: Employed in the nuclear industry, worked for Duke, is an auditor for regulatory
inspections. Nuclear facilities know who they answer to. Wants CPI to be held accountable in
the same way. If DEQ fails, DEQ has to be held accountable for not doing its job.
• Public Information Request (See Response Section IV. H.): Wants statistics. Maximum
allowable concentrations.
Jakus, Bob, citizen of Oak Island, NC (retired teacher that works with BEAT) (attended hearing)
21Nov2019 speaker #11 oral comments (01:39:02- 01:42:10).
• Water Quality at Ocean Outfall (See Response Section IV. D.): The canal is "nasty". Had general
concerns about the ocean outfall on the environment at Caswell beach and the whole world.
The world, continents, and oceans are connected. "...And I saw a whale, you know, beaching,
you know, dying on the —on our beach a couple years ago. And who knows? We just don't
know. The knowledge isn't there. But that's what we want our kids to have the enthusiasm
and excitement to learn, and to explore, and to study. What's going on with our chemistry,
our biochemistry, our microbiology, our —the statistics, the analysis, the thinking. What's
best?"
Jimenez, Nick, Associate Attorney, Southern Environmental Law Center (SELC) (attended hearing)
21Nov2019 speaker #4 oral comments, (01:03:26-01:07:09).
Also see: 02Aug2019 written comments see SELC et al-NC0065099-WW Public Comment 20190802, (see
summary below);
13Sept2019 written comments see letter SELC et al_NCS000348_SW Public Comment 2 of
2_20190913 (see summary below).
• Praise: "I want to thank you first for having this and for bringing so many folks down here. This —I
found the presentations incredibly helpful."... We learned that there was a pollutant scan when the
permit was changed to a major, which great.
• Pollutants of Concern (POC) (See Response Section IV. A.l: There are a lot of substances stored on
site that are concerning.
• Permit Requests (See Response Section IV. E.): Urged publicizing Stormwater Pollution Prevention
Plan.
Response: The SWPPP is public information in accordance with Part III, Section E, Item 3,
Availability of Reports, of the Individual Industrial Stormwater Permit. The SWPPP has also been
included as Attachment D.
• Wastewater Permit (See Response Section IV. F.):
o CPI did not submit a DMR for Outfall 003.
o We believe that the facility needs to retest for primary industry pollutants under the
regulations before the permit is finalized.
o We believe the facility is subject to whole effluent toxicity testing.
20

• Best Available Technology: "As far as best available technology, as I'm sure you all are aware, that
for steam -electric power generation, the effluent limitation guidelines are zero discharge, no
discharge for bottom ash transport water. But it appears that some of the water from the —washing
out the drag chain pit is going into the settling ponds, and then into the canal."
• Flooding/Climate Change Resiliency (See Response Section IV. C.): Was concerned about the depth
of ditches in reference to stormwater.
• Transformer Fluid/PCBs (See Response Section IV. I.): Glad to hear there are not PCBs and there is
full containment of transformer fluid.
Jones, Steve, homeowner Oak Island, NC
02Aug2019 written comments.
• Water Quality at Ocean Outfall (See Response Section IV. D.): If the pollution run-off or discharge is
allowed there will be no more visits to Caswell.
• Permit Requests (See Response Section IV. E.): Please turn this request down.
Key, Peter, President, Brunswick Environmental Action Team (BEAT)
21Nov2019 speaker #7 oral comments (01:12:23-01:15:53);
19Dec2019 written comments.
Also: 02Aug2019 written comments see SELC et al_NC0065099_WW Public Comment 20190802 (see
summary below).
• Criticism:
o BEAT has no interest in causing harm to corporate neighbors but feels that is their
right to have the freedom to enjoy waters and air without suffering harm.
o If the cost is too much (to public/environment), then the process, and business model,
are not viable.
o Suggests CPI host local leadership to tour facility to show transparency.
Water Quality at Ocean Outfall (See Response Section IV. D.):
o Read that toxic chemicals CPI is dumping are diluted to levels not harmful to humans
and yet tourism may be affected by public knowledge of these chemicals being
discharged at unknown times.
o Would endanger the economy built on tourism.
o Concerned about the impacts these activities may have on ocean ecosystems &
wildlife.
• Permit Requests (See Response Section IV. E.): Respectfully requests the NCDEQ reject the
application.
• Wastewater Permit (See Response Section IV. F.):
o Needs more frequent & cumulative sampling process implemented
o The amount of water this plant uses daily could easily be used to dilute any discharge
of any chemical compound they wished.
o Would like to see more accurate sampling taken over periods of time
o One grab sample every five years (if that is true) is inadequate to ensure compliance
with the state benchmarks on an ongoing basis.
o Bottom Ash Transport: Concerned that CPI was requesting a permit to dispose of toxic
bottom ash into the ocean that may impact recreation off Caswell Beach.
o Feels that no level of bottom ash dumping is acceptable.
21

o Proposes an alternative: since only 17,000 gal/yr is discharged, CPI should capture
the effluent and ship via tanker truck to a disposal facility for coal ash. A typical full-
sized tanker truck is 11,000 gallons. Two tanker truck loads should not be a burden
for CPI.
Kozloski, Carol, resident of Southport, NC (Lives in neighborhood that backs up to Price Creek
and CPI, attended hearing with husband Pete, see below)
21Nov2019 speaker #1 oral comments (00:53:36-00:56:27);
21Nov2019 written comments submitted at the hearing.
• Permit Requests (See Response Section IV. E.): Asks that DEQ strengthens the permit to
protect water.
• Air Quality (See Response Section IV. G.):
o Ash is a direct result of tire and wood burning.
o Ash gets on outdoor furniture, is in the pool, on sidewalks and affects other
neighborhoods in other areas of Southport.
o Discussed SOC permit. If CPI cannot meet the standards, the best solution for the
residents of Southport would be the closure of the plant.
Response: The NPDES permit is not currently under an SOC. There was a recent SOC
for the Air Quality permit.
• Light/Noise Pollution (See Response Section IV. M.): Constant noise bothers people and local
wildlife.
Kozloski, Pete, resident of Southport, NC (attended hearing w/ wife Carol, see above)
29Nov2019 written comments.
o Permit Requests (See Response Section IV. E.): What are the changes of this plant being
approved today? Unless CPI can meet federal, state and local government standards, the plant
should be shut down.
o Wastewater Permit (See Response Section IV. F.l: Bottom Ash Transport:
o Discharge of 400,000 gpd to the Atlantic Ocean.
0 1987 Technology.
o Air Quality See Response Section IV. G.):
o burning coal, railroad ties and TDF
o Ash is a constant problem for surrounding facilities and neighborhoods
o — 250 trucks a day, delivering materials and removing ash
o Light/Noise Pollution (See Response Section IV. M.): Noise heard for miles around the plant,
all day, 7 days a week
Marvin, Clark & Lynne, residents of Caswell Beach, NC
13Dec2019 written comments.
Wastewater Permit (See Response Section IV. F.):
o "Tests should be based on composite samples rather than grab samples."
o "Testing should also be done for on saltwater"
o Bottom Ash Transport: Concerned "...with the potential of harmful bottom ash wash
and other pollutants being released into our waters, both river and ocean."
o "...would like to ensure that the plant's pollution controls installed in 1987 have been
upgraded to standards currently available."
22

• Facility Monitoring (See Response Section IV. B.) "Some sampling should be done by an
outside independent source rather than depending on self -reporting by CPI alone."
• Flooding/Climate Change Resiliency (See Response Section IV. C.): "As we are having stronger
and more frequent storms, CPI should be required to ensure that they have included adequate
safeguards to protect us."
• Water Quality at Ocean Outfall (See Response Section IV. D.l: "A healthy beach and clean water
is essential to our residents as well as the many families who visit our beach every year."
McGranaghan. Donna: (lady that approached table after hearing)
• Water Quality at Ocean Outfall (See Response Section IV. D.): 3 cases of brain tumors in last
10 years, one sitting in the audience, one death. (She may have been referring more to air
quality concerns for cancer.)
Morrison, Vicki, resident of Southport, NC (attended hearing)
22Dec2019 written comments.
• Permit Requests (See Response Section IV. E.): The area is no longer rural. It is time for DEQ
to recognize that and deny a permit to this facility.
• Air Quality See Response Section IV. G.):
o Concerned with burning of coal, tires and treated wood
o Concerned with discharge of waste and noxious gases.
Mosteller, Karen, citizen of Southport, NC (attended hearing)
21Nov2019 speaker #11 oral comments (01:27:00-01:29:02).
• Praise: "Thank you so much for being and having this forum."
• Wastewater Permit (See Response Section IV. F.)
o Brought up that a fire at CPI took 14 hours to put out.
o It was woodchips and creosote mixed.
o CPI had to spread wood out so tires would not catch fire.
o Concerned with the toxicity of fire waters into stormwater.
Response: The fire waters would have flowed to the wastewater treatment system
via the ditches for fuel pile runoff.
Air Quality See Response Section IV. G.):
o Air quality study said area is classified as rural.
o Southport is not a rural area.
o Guidelines from 1987 are being applied for the plant was built at a time when no one
lived that close to the site.
Mowery, Brittany
02Aug2019 written comments.
• Water Quality at Ocean Outfall (See Response Section IV. D.): She is concerned with the
human health effects including cancer risk from coal ash. She is concerned with effects on
wildlife and natural reefs.
• Permit Requests (See Response Section IV. E.l: CPI is applying for a new permit (Response:
This a renewal of an existing permit).
• Wastewater Permit (See Response Section IV. F.): "The ash gets concentrated in lagoon which
they pump off twice a year and scrape out the contents which they truck off. The residual
bottom ash (coal ash), about 17,000 gallons gets washed into the Atlantic ocean."... " There's
23

no amount of dilution that coal ash will undergo when being flushed out that will make it
safe."
• Air Quality (See Response Section IV. G.): Concerned with burning of half adulterated wood,
creosote wood/treated lumber, and half tires to generate steam.
Neb, Savannah B, Marine Biologist, resident of Caswell Beach, NC
27Ju12019 written comments.
• Facility Monitoring (See Response Section IV. B.): Weekly air quality and water quality
monitoring should be mandatory.
• Water Quality at Ocean Outfall (See Response Section IV. D.):
Heavy metals being deposited on the beach. The comments include concerns for the effects
from the ocean outfall to recreation, human health, marine biology, and fisheries (human
consumption). The mixing zone introduces warmer water to the ocean that attracts fish to a
feeding ground that is toxic. Contaminants need to be tested, monitored, and regulated at a
much higher level.
• Wastewater Permit (See Response Section IV. F.):
o Heavy metals and carcinogens not extracted in the settling ponds.
o Settling ponds are basic level techniques which rarely work to keep the water quality
at the level it should be.
• Air Quality (See Response Section IV. G.): Burning of coal, TDF and wood chips hinder air
quality. Restrict burning of TDF.
• Transformer Fluid/PCBs (See Response Section IV. I.): CPI currently stores 20,000 gallons of
transformer fluid on site. The region is to hurricanes. If the storage area of transformer fluid
were to be breached during a storm PCB's would be leached into the water, air and land.
Removal and relocation of transformer fluid should be addressed before permit renewal.
North Carolina Coastal Federation
02Aug2019 written comments see SELC et al_NC0065099_WW Public Comment 20190802 (see summary
below);
13Sept2019 written comments see letter SELC et al_NCS000348_SW Public Comment 2 of 2_20190913 (see
summary below);
Allen, Kerri, Coastal Advocate, N.C. Coastal Federation (attended hearing) 21Nov2019 speaker #6 oral
comments (01:07:09-01:10:01) (see above).
North, William, residents of Cottages of Prices Creek, Southport, NC (attended hearing w/ wife
Penelope) (provided bag of wipes from cleaning furniture)
21Nov2019 speaker #3 oral comments (00:59:19-01:03:26).
• Facility Monitoring (See Response Section IV. B.): Can't trust company to monitor itself.
• Air Quality (See Response Section IV. G.):
o Brought up the 2017 fly ash release. Said CPI was not forthcoming about the release.
o Said CPI called it a small release (4-5 tons of fly ash).
o A petrochemical smell comes from CPI from creosote or TDF.
• Light/Noise Pollution (See Response Section IV. Q: Compared noise levels to living near a
freeway. The chipper onsite is also really loud. CPI releases high-pressure steam that also
causes noise.
24

Oak Island (Town of), NC, Resolution
17Dec2019 written resolution (rec. 23Dec2019).
• Same resolution word for word as the Town of Holden Beach. See summary above.
Pace, Brittany, citizen of Brunswick County & Southport, NC (attended hearing)
Coastal Education Coordinator, Fort Caswell Coastal Retreat & Conference Center
31July2019, letter from Fort Caswell (rec. 02Aug2019);
23Dec2019, written comments as citizen.
• Criticism: The problems discussed at the hearing with is facility should be concerning enough
for DEQ to investigate this plant further and protect our health and environment.
• Flooding/Climate Change Resiliency (See Response Section IV. Q:
o Best Management Practices: Expressed concern that the ditches surrounding the fuel pile
were not deep enough to handle a storm event, that it was too close to the first outfall,
and that toxic materials. She noted that the fuel pile area contained coal, bottom ash,
creosote -treated wood, and tires are out in the open, exposed to the elements and our air.
She divested that there are plenty of Best Management Practices that could be put into
place that would minimize the wastewater and stormwater impacts.
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o Fisheries: Do fisherman know what they are bringing to their families or to local seafood
restaurants?
o Human Health: Public has not idea these fish and shrimp could be contaminated
o Recreation/Tourism: Concerns about CPI discharge on beach recreation. Residents &
tourist question health & environment.
o Not enough information provided on the impacts.
o BSEP discharge canal:
o Always foamy and dark in color
o Not a welcoming site
o Very close to neighborhoods
o Any studies done after hurricanes? Response: This is an emergency response
question. The division responds to many incidents after a hurricane. Staff may not be
able to conduct a complete scientific study of the canal within that time frame.
Ambient monitoring of the ocean near the outfall and adding monitoring to Duke
Progress Energy's Outfall may provide more information. Please note that the canal
is not waters of the state or waters of the United States. This determination starts at
the ocean outfall.
o Tourism: concerned for the safety of quests at Fort Caswell Coastal Retreat & Conference
Center that enjoy recreation and educational water activities.
Wastewater Permit (See Response Section IV. F.):
o Should be more than once per permit cycle. Response: Please see monthly, weekly and
daily monitoring required for Outfalls 001, 002, 003 and 004. If she is referring to the 126
PPA, this is conducted as a scan once per permit cycle in the draft.
o More frequency monitoring of all Outfalls.
o Physical testing the wastewater for listed pollutants. Response: Did she mean chemical
testing?
o Overall criticism of the concept of self -monitoring.
o Compliance with water quality -based effluent limits.
25

o Facility:
o Upgrades to plant should be a requirement.
o Stronger preventative measures.
o Prevent discharge of hazardous chemicals.
o Imperative to require effective pretreatment protocols.
Parisi, Donna, resident Turtlewood HOA, Southport, NC (attended hearing)
21Nov2019 speaker #19 oral comments (01:46:28-01:47:53).
• Criticism: Lives in the backyard of CPI. Lost a son to brain tumor because of chemicals.
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o Recreation, children that swim, retirees.
o The temperature of the water is quite different than the regular part of the water.
o "And it really needs to be not regulated by CPI, but by people that really care about the
environment."
Sawyer, Kath, resident of Harbor Oaks Subdivision, Southport, NC
26Nov2019 written comments.
• Criticism:
o "I've never been afraid to live somewhere, but I am now. I do not feel safe and I have great
concerns over a government that is charged with protecting me but must also satisfy
corporate relationships."
o "Upon moving here, I found I could no longer drink the water. It has a foul, iron filled odor
and bitter taste." She is a cancer survivor that is concerned enough to begin purchasing
alkaline water.
• Water Quality at Ocean Outfall (See Response Section IV. D.): (She may be referring to Air
Quality more than Water Quality)
o General Concern for health of her and her husband.
o Pets are experiencing a myriad of skin issues and intestinal upset.
• Air Quality (See Response Section IV. G.): Experiencing ash and slime. Notices black slime on
front porch and fall decorations.
Sierra Club
02Aug2019 written comments see SELC et al_NC0065099_WW Public Comment 20190802, (see
summary below).
Southern Environmental Law Center (SELC), et al., Cape Fear River Watch, Sierra Club, North
Carolina Coastal Federation, & Brunswick Environmental Action Team
02Aug2019 written comments see SELC et al_NC0065099_WW Public Comment 20190802.
[Also see above: Jimenez, Nick, Associate Attorney, SELC (attended hearing), 21Nov2019 speaker #4 oral
comments, (01:03:26-01:07:09)]
Wastewater Permit (See Response Section IV. F.):
For reasons set forth above, Conservation Groups request DEQ take the following actions
concerning the renewal of the NPDES wastewater permit for Southpoint Power Plant:
1. Require CPI to test its bottom -ash transport water for primary -industry pollutants and
any other pollutants that CPI reasonably should expect to discharge, but prohibit CPI from
discharging bottom -ash transport water from Outfall 003 to do so;
26

2. Require CPI to test its other wastewater for primary -industry pollutants and any other
pollutants that CPI reasonably should expect to discharge;
3. Set limits in this renewal permit based on the pollutants identified in testing and require
frequent monitoring for them, including a priority pollutant analysis for Outfall 003 at
least annually based on actual grab or composite sampling;
4. Use BAT to establish the effluent limits for all of CPI's wastewater streams, including
using BPJ to determine BAT if necessary;
S. consistently with 40 C.F.R. § 423.13(k)(1)(i), require CPI to cease discharging bottom -ash
transport water as soon as possible but no later than December 31, 2023; [Bottom Ash
Transport.
6. Consistently with BAT, require CPI to employ improved wastewater treatment for all
waste streams, including ZLD wherever feasible;
7. Require CPI to employ more protective measures to guard against releases during severe
storms.
In addition, due to high potential for CPI's wastewater discharge to affect the nearshore
ecosystem and recreation at Caswell Beach, Conservation Groups request DEQ hold a public
hearing on the renewal permit.
Southern Environmental Law Center (SELC), et al., Cape Fear River Watch, & North Carolina
Coastal Federation
13Sept2019 written comments see letter SELC et al_NCS000348_SW Public Comment 2 of 2_20190913.
[For SELC also see: Jimenez, Nick, Associate Attorney, SELC (attended hearing), 21Nov2019 speaker #4 oral
comments, (01:03:26-01:07:09)]
• Stormwater Permit (See Response Section IV. H.):
o DEMLR should strengthen the draft permit.
o Wants DEQ to strengthen permits to be in compliance with the CWA and believes
inadequate permits are a violation of the CWA and 40 CFR.
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o Price Creek is an important ecosystem inhabited by some vulnerable and federally
threatened species, is a valuable natural resource, and has aesthetic and economic value.
Response: Stormwater does not discharge to Price Creek.
o The different habitats in the Brunswick area are important for tourism and animal
sanctuary.
• Flooding/Climate Change (See Response Section IV. C.):
o Concerned about the areas and activities at the site that stormwater is exposed to.
o Concerned about flooding.
o Stormwater at CPI likely contains any runoff not captured by the wastewater treatment
system, especially during flood conditions.
• Facility Monitoring (See Response Section IV. B.) Believe there are elevated levels of
contaminates in stormwater.
o CPI Needs better control measures for improved water quality and preventative
measures for flooding.
o Concerned about the threat of climate change and increased flooding at CPI and the
exposure that could result.
o Concerned the draft permit overlooks severe -storm preparedness.
Pollutants of Concern (POC) (See Response Section IV. A.): Concerned about the constituents
of coal, adulterated wood, and creosote.
27

• Wastewater Permit (See Response IV. F.)
o Concerned about the transformer oil contained onsite.
o Concerned about PCBs in transformer oil.
o The draft permit does not address coal pile runoff or overflow from the wastewater
system.
Response: Coal pile runoff is regulated under the wastewater permit as well as
overflow.
Southport, City of
See Lora Sharkey, Alderman comments below.
Sharkey, Lora, on behalf of the City of Southport Board of Alderman (present at hearing)
21Nov2019 speaker #13 oral comments (01:31:42-01:34:33);
21Nov2019 written comments submitted at the hearing.
• Praise: "These comments are not indicative of any dislike for CPI and its employees. The plant (CPI)
has been supportive of Southport in the face of hardship dealing with hurricanes, particularly
Hurricane Florence.
• Criticism: "These comments are simply intended to express the desire to see best practices adopted
to protect the well-being of our residents and the waters we swim in, collect food from and simply
appreciate."
• Pollutants of Concern (POC) (See Response Section IV. A.): Combustion of shredded tires, wood
chips, railroad tie and some coal results in ash that contains contaminates that are hazardous to
water and soil if not adequately treated or removed form wastewater before disposal.
• Flooding/Climate Change (See Response Section IV. C.): "...The City requests that CPI be tasked with
improving containment of contaminated stormwater during flood conditions". To safeguard human
health.
• Water Quality at Ocean Outfall (See Response Section IV. D.): "The City of Southport requests that
CPI be required to monitor contaminant levels and treat their stormwater and wastewater
discharges in a manner that meets or exceeds water quality standards set forth in the Clean Water
Act."
Todorov, Theodore G, resident of Southport, NC
13Dec2019 written comments.
22Dec2019 written comments.
Criticism:
o "I suggest, as a start, a council be formed with community representation to facilitate
communication between the plant and the community. More importantly, I urge you to
carefully consider CPI's permit request. There needs to first be more transparency from
CPI and assurances provided to Brunswick County residents that their health and safety
are not being jeopardized.".
o Second email: "There are serious air and water quality issues as well." He didn't specify
any detail about water quality concerns.
Air Quality (See Response Section IV. G.):
o "On a weekly basis (minimally) we have to wipe down railings and outdoor furniture."
o "We are unsure, what, if any damage, the soot from the plant is causing to those who
breathe it in the course of being outdoors."
28

Light/Noise Pollution (See Response Section IV. I.): "It can be difficult to converse, at times,
because of noise from the plant." Sent us a second email about noise that Sunday morning.
Tomlinson, Tom, resident Turtle wood Subdivision, Southport, NC (attended hearing)
21Nov2019 speaker #21 oral comments, (01:50:58-01:52:26).
23Nov2019 written comments.
Praise:
o "I'm glad North Carolina has such hearings..."
o "Your initial presentation and discussion of the project background report was very
informative."
o "Thank you for your hard work at the Department of Environmental Quality."
Criticism:
o "It is fairly common among businesses to complain about "excess regulation" and how
this hurts their ability to remain profitable. Sometimes regulation may slow the speed of
business or add costs to operations."
o " I expect the full process of permit approval includes some back and forth between
regulators and those regulated."
Wastewater Permit (See Response Section IV. F.): I urge you not to be persuaded by
complaints from the company (CPI) that more stringent limitations on type and quantity of
permitted pollutant discharges will cost too much to implement.
Light/Noise Pollution (See Response Section IV. 1.: I live so close to the CPI plant that the
flashing lights on the two stacks literally illuminate my bedroom walls. Even when I draw the
curtains my wife will sometimes ask me in the night if there is a storm, mistaking the flashers
for lightning.
Ward, Catherine (Katy), resident of Harbor Oaks subdivision, Southport, NC (attended
hearing)
21Nov2019 speaker #17 oral comments (01:42:10-01:43:28).
• Criticism: Wants DEQ to look at CPIs permit like our kids are there.
Air Quality (See Response Section IV. G.):
o We noticed that we had constant ash on our front porches, our fans, our back porch.
o We have herbs and we can't use any of them because they are constantly covered in black
soot.
o Human Health: She has a three -year -old son and is pregnant. Expressed concerns
about their health living so close to the plant. Her comments regarding human health
focused on air quality.
Web, Tom, new resident of Southport, NC (attended hearing)
21Nov2019 speaker #14 oral comments (01:34:53-01:37:39).
• Noise Pollution: Been woken up during the night when the grinding is going on.
• Facility Monitoring (See Response Section IV. B.): A lot of information comes from CPI itself.
Energy companies in this country are not all that honest. Wants DEQ to make sure CPI is
truthful.
• Flooding/Climate Change Resiliency (See Response Section IV. C.l: (not sure he distinguishes
the difference between what stormwater is processed as wastewater or stormwater). "It's
29

doesn't seem like it would take a lot for figuring out how much stormwater the site can
handle."
• Air Quality (See Response Section IV. G.): Has to clean car on a regular basis (ash fallout).
Wilkins, Emily, resident of Caswell Beach, NC (attended hearing)
21Nov2019 speaker #9 oral comments, (01:19:43-01:22:57);
21Nov2019 written comments submitted at hearing.
• Praise:
o "Thank you for providing this forum so that I have the opportunity to ask you to please
protect us from industrial waste and pollution in our environment."
o She invited DEQ to visit the Town of Caswell Beach the next morning and see the town,
the beach, dunes, maritime forest, and the ocean outfall.
o "If you cannot come perhaps you will envision this place count on, your expertise,
oversight and monitoring. We depend on you for protection from more damage and
dangers to our water, health, and wildlife."
• Criticism: "I want no more industrial waste and pollution in our environment."
• Water Quality at Ocean Outfall (See Response Section IV. D.):
o Concerns about recreation.
o Concerns about fisheries.
Bud Yarbrough, resident of the Landing subdivision (attended hearing)
21Nov2019 speaker #15 oral comments, (01:37:39-01:39:02).
• Air Quality See Response Section IV. G.):
o Very interested in looking at respiratory infections in Southport area.
o Thinks there is a connection between CPI and brain tumors in the area.
o Is there a risk assessment from CPI? Response: NPDES permit renewals to not require
risk assessments for the environment or human health. When the NPDES permit for
this facility the applicant was required to perform an engineering alternatives
analysis. Recent data for this facility was reviewed by a Reasonable Potential Analysis
(RPA) for any exceedance of water quality standards. These standards are based on
the risk.
30

IV. SUMMARY OF TOPICAL COMMENTS WITH RESPONSES
A. Pollutants of Concern (POCK: There were many concerns expressed about making
sure all pollutants of concern reasonably expected to be present at the site are
represented in both the stormwater and wastewater permits. Comments included
concerns for human health and aquatic life for these POCs.
Response: Stormwater benchmarks are determined on a site -by -site basis in NPDES
Individual Industrial Stormwater Permits. A summary and description of benchmarks
is provided in Section II, Facility Background. At the request of commenters, creosote
has been added to the permit as a conventional pollutant associated with wood
storage. See Hearing Officer Recommendations in Section V below.
For concerns regarding PCBs, see discussion of Transformer Fluid/PCBs below
(Section IV. I.).
Note: Fuel pile stormwater runoff is regulated under the NPDES Wastewater Permit
NC0065099. POCs associated with the wastewater permit are discussed in detail in
the Hearing Officer Report for Renewal of NPDES Permit NCO065099 CPI USA North
Carolina, LLC - Southport (Also see Section IV. F. below).
B. Facility Monitoring Many comments expressed concerns with the concept of self -
monitoring by a private industry. They suggested third parties should sample. Several
comments concerned monitoring frequencies such as weekly or quarterly instead of
semi-annually.
Response: Analytical samples are taken semi-annually during qualifying rain events.
Monitoring frequency is summarized above in Section II, Facility Background. Each
parameter is assigned a benchmark value to be monitored against. Exceedances of
benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater best
management practices (BMPs) in a tiered program. Tier Responses are discussed
above in Section II, Facility Background. It was discovered during the permit renewal
that CPI Southport has not responded to documented benchmark exceedances
associated with Zinc, TSS, COD, and Copper, in accordance with the permit. This has
resulted in modifications to the permit. Also see Hearing Officer Recommendations in
Section V below.
Compliance and Liability is covered in Part III, Section A of the NPDES Individual
Industrial Stormwater Permit. Part III, Section A, Item 2, Duty to Comply, states that
the permittee must comply with all conditions of the individual permit. Part III,
Section A, Item 9, Penalties for Tampering, states that the Clean Water Act provides
that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under the individual 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.
31

Monitoring and Records is covered in Part III, Section D of the NPDES Industrial
Stormwater Permit. Part 111, Section D, covers requirements for Representative
Sampling (Item 1), Recording Results (Item 2), Flow Measurements (Item 3), Test
Procedures (Item 4), Representative Outfalls (Item 5), Records Retention (Item 6),
and Inspection and Entry (Item 7). Reporting Requirements are covered in Part III,
Section E. In summary, these sections hold the permittee legally responsible for
submitting complete, accurate, and unadulterated records to the Division in
accordance with all permit requirements.
Analytical samples are also tested by third -party laboratories. CPI Southport has
historically received analytical reports from Envirochem Analytical & Consulting
Chemists. A Monitoirng Data Summary Table is included as Attachment C. Several
benchmark exceedances are visible in the 2010-2019 data.
C. Flooding/Climate Change: Several commenters expressed concerns for the threat
of climate change, severe storms and increased flood conditions. Several comments
asked for CPI Southport to develop preventative measures for flooding.
Response: The Clean Water Act prohibits anybody from discharging pollutants
through a point source into a water of the United States, unless they have an NPDES
permit. The CWA handles surface water quality protection and does not deal directly
with groundwater or water quantity issues. NC General Statute 143-215.1 is the
primary statute for implementing the NPDES Program in NC: "Control of Sources of
Water Pollution; Permits Required." This Statute lists all activities that require an
NPDES Permit. Like the CWA, the NPDES Program does not deal directly with water
quantity issues and is a water quality program.
Flood zones are geographic areas that the Federal Emergency Management Agency
(FEMA) has defined according to varying levels of flood risk. These zones are depicted
on a community's Flood Insurance Rate Map (FIRM). Each zone reflects the severity
of types of flooding in the area. CPI Southport is located in an unshaded Zone X Flood
Zone. An unshaded Zone X area is defined as an area of minimal flooding hazard,
usually depicted in the FIRMS as above the 500-year flood level. Zone X is the area
determined to be outside the 500-year flood and protected by levee from 1000-year
flood. The CPI Southport FEMA Firmette is included as Attachment E.
Southport plant personnel regularly maintain, and keep in a clean manner, areas
which may contribute pollutants to storm water discharges. Weekly inspections of
the facility and equipment areas are conducted and sweeping of paved areas is
performed as needed. Exposed plant equipment is routinely inspected for leaks or
conditions that could lead to discharges of chemicals or petroleum products. The
preventative maintenance program for the facility includes conducting semi-annual
inspections and performing any required maintenance on the stormwater
management devices, equipment, and systems to prevent the discharge of pollutants
to surface waters. In addition, bulk storage tanks, transformers, and heavy equipment
32

are inspected on a semi-annual basis. Records of the semi-annual inspections are kept
at the facility.
Some commenter concerns were based off of notable severe storm/hurricane events
and associated flooding (ex. Hurricane Harvey, Florence), which have led to large
releases of pollutants, in part because of operator unpreparedness. CPI has not had a
history of flooding, releases associated with flooding, or a history of benchmark
exceedances associated with flooding. However, at the request of commenters, a
Hurricane Preparedness Plan will be added as a requirement to the SWPPP. Also see
Hearing Officer Recommendations in Section V below.
D. Water Quality at Ocean Outfall: There were a broad range of concerns regarding
water quality at the ocean outfall. Most comments made directly concerned water
quality at the beach and ocean waters directly offshore. Although a few were made
more generally and could also include the BSEP canal or air quality. The concerns
included:
• Human Health
• Fisheries (human consumption)
• Aquatic Life/marine life
• Recreation/Tourism
• Local Economy
• Environmental Risk
• Temperature
• Water Quality in the BSEP
Response: These broad water quality concerns such as Human Health and Aquatic
life are addressed by water quality standards. Stormwater benchmarks are discussed
above in Section II, Facility Background. Stormwater benchmarks are used to make
decisions about monitoring in permit development, as well as provide a tool for
permittees to evaluate SWPPP effectiveness and respond to possible problems. This
guidance is based on a number of sources, including more recent National
Recommended Water Quality Criteria (NRWQC), the National Primary Drinking
Water Regulation in 40 CFR 141.11, and NC Surface Water Quality Standards (15A
NCAC 02B Regulations). When federal or NC water quality regulations do not contain
information for a pollutant, benchmarks are calculated per 15A NCAC 2B .0200 with
peer -reviewed aquatic toxicity data or with an alternate approach. Because of the
sporadic nature of rainfall, acute (short-term) effects are considered when
establishing stormwater benchmarks.
33

During the permit renewal, DWR was asked to provide any available updates to
benchmarks:
Parameter
2010
Benchmark
2020
Benchmark
Aluminum
NA
0.24 m L
Antimony
NA
NA
Arsenic
0.069 m /L
0.069 m /L
NA
NA
-Beryllium
Boron
NA
NA
Cadmium
0.040 m L
0.04 m L
Chromium
1.1 m /L
1.1 m /L
Copper
0.0058 m /L
0.0058 mg/L
Lead
0.22 m L
0.22 m L
Mercury
N/A
0.000025
m /L
Nickel
0.075 m L
0.074 m L
Selenium
0.290 m L
0.071 m L
Silver
0.0022 m L
0.0022 m /L
Thallium
N/A
5 m L
Zinc
0.095 m /L
0.095 m /L
COD
120 m /L
120 m L
TSS
100 m L
100 m L
Sulfate
500 m L
NA
Non -Polar Oil
& Grease
30 mg/L
15 mg/L
H
6.8-8.5
6.8-8.5
Saltwater benchmarks were established for Aluminum, Thallium and Mercury. The
saltwater benchmarks for Selenium and Non -Polar Oil and Grease have been updated.
Monitoring data is available for viewing for the current permit term (2010-2019).
A Monitoring Data Summary Table is included as Attachment C. The Freshwater
Benchmark values are provided for comparison against parameters with a saltwater
benchmark of "NA," (Aluminum, Antimony, Beryllium, Boron, Mercury, and
Thallium). There are no freshwater benchmarks for Boron or Thallium.
For parameters that have a benchmark value of "NA," the facility is required to
continue to monitor for the parameter. DEQ monitors sampling data for spikes that
may indicate an issue with the site. When a benchmark value becomes available, the
facility will have a comparative history available. Also, see Hearing Officer
Recommendations in Section IV, below.
Temperature is a parameter associated with wastewater (See Response IV. H. below).
34

E. Permit Requests: There were a few general requests or concerns about the permit
itself such as the following:
• Requests to strengthen the permit.
• Requests to deny the permit, permit renewal, or the permit application.
• Original requests for a public hearing.
• Requests for an additional public hearing and comment time.
• There were a few concerns questioning if the plant would be approved today with
the 1987 equipment and technology. (This comment more about air quality than
water quality).
Response: CPI Southport has applied for the renewal of the NPDES Individual
Industrial Permit that was originally issued in 2002. During the 2010 permit renewal,
18 parameters were added to the permit and the permit was updated with new
requirements/template changes. Creosote has been added as a monitoring parameter
and the permit was updated with new permit requirements/template changes.
Provisions have been added to address commenter concerns with flooding and
hurricane preparedness and to address past benchmark exceedances (See Hearing
Officer Recommendations in Section V below).
Reissuance will be determined by the Director of the Division of Energy, Mineral, and
Land Resources.
There was more than the required time for public comment for this permit. Comment
was open for 30 days for the draft public notice and an additional 30 days after the
public hearing.
F. Wastewater Permit: CPI also holds wastewater permit NC0065099. Many
comments received were associated with wastewater operations, treatment, and
discharge.
In general, commenter concerns were associated with:
o Discharge of toxicants from the materials burned at the facility and concerns
for human health and aquatic life for POCs.
o Many comments concerned monitoring frequencies and increasing
monitoring.
o Establishing effluent limits.
o Water quality at offshore ocean waters, effects on human health, fisheries,
aquatic/marine life, local economy, etc.
o General permit requests.
o Bottom Ash Transport Water/ Bottom Ash.
o There were many concerns expressed about toxicants being discharged from
the burning of coal, TDF and treated railroad ties. Comments included
concerns for human health and aquatic life for these POCs.
o Best management Practices (BMPs) and Best Available Technology.
35

o A few concerns were expressed about the facility design being up to date and
meeting standards for Best Management Practices and best available
technology (BAT) economically achievable. These concerns arise from the
1987 plant construction. They want the facility to achieve zero discharge.
These same concerns were expressed for the Air Quality.
Comment or concerns and Hearing Officer Recommendations associated with the
wastewater permit are addressed in the Hearing Officer Report for Renewal of NPDES
Permit NC0065099 CPI USA North Carolina, LLC - Southport. Additional concerns
regarding wastewater should be addressed to the NCDEQ Division of Water
Resources (Also See Section IV. H. below).
G. Air Quality: The bulk of the comments received, especially during the public hearing,
were concerned with air quality.
• Ash Fallout: Many of the comment for air quality were about ash fallout in
residential areas surrounding the CPI facility. Many residents had complaints
of an ash residue on furniture and surfaces inside homes, on cars and other
outdoor surfaces.
• Fuel Usage: There were concerns expressed by many regarding the type of fuel
being burned at the power plant such as coal, TDF, and treated railroad ties.
Response: The NPDES Individual Industrial Stormwater Permit does not regulate air
quality or the fuel being consumed at the CPI Southport Power Plant. Fuel pile
stormwater runoff is regulated NPDES permit NC0065099.
Comments regarding air quality are outside the scope of the permitting action being
taken by DEMLR. Information and documents relating to air emissions from the
facility, including permitting and enforcement actions by the North Carolina Division
of Air Quality, are available on the Division of Air Quality's website:
https:llxapps.ncdenr.org/aq/docs/FDocs Search.jssp [xaRps.ncdenr.org] (Also See
Section IV. H. below).
H. Public Information Request: There were several comments asking for all CPI
related documents to be made publicly available.
Response: All documents associated with CPI Southport and other DEMLR permits
are available for public viewing on the Laserfiche Public Portal:
https:l/edocs.deq.nc.gov/WaterResources/Browse.aspx?id=265693&repo=WaterR
esources.
For additional document requests, please contact a Public Information Officer:
• Division of Air Quality: Zaynab Nasif at [e-mail] or (919)
707-8446.
36

• Division of Energy Mineral and Land Resources: Robert Johnson at
[e-mail] or [phone].
• Division of Water Resources: Sarah Young at sarah.youngCa ncdenr.gov or
[phone].
I. Transformer Fluid/PCBs: There were several comments concerning the storage of
transformer fluids and the presence of PCBs onsite.
Response: Transformer fluid (new or used waste) is not being stored onsite. The
power plant utilizes two actively used transformers for the production and
transmission of electricity. PCBs have not been in use since the late 1970s. The power
plant was commissioned in 1987. PCBs were not in use at that time. In the event of a
release of transformer fluid, the facility has adequate secondary containment and an
oil water separator.
J. Light/Noise Pollution: There were several comments expressing concern for
excessive light and noise disturbances caused by plant operations.
Response: Noise and light are not regulated by DEQ. Light and noise pollution may
be regulated by local ordinance, zoning, and common law.
37

IV. HEARING OFFICER RECOMENDATIONS
Based on review of the public record and written/oral comments received during the public
hearing process, I recommend the following:
1. National Salvage and Service Corporation (National Salvage) shall apply for an
NPDES Individual Industrial Stormwater Permit:
National Salvage leases a portion of the CPI Southport facility, an area near the
eastern side of the site. National Salvage grinds scrap railroad ties into wood biomass
onsite at CPI Southport. The wood is stored onsite in DA2, in the same area as the
coal storage. Stormwater runoff in this area drains to the onsite wastewater
treatment system. National Salvage operations take place in DA2 and DA3.
Equipment associated with the processing of the scrap railroad ties into biomass is
used and stored in both sections.
It has been reported by CPI Southport personnel that the area of the site managed by
National Salvage requires a great deal of oversight by CPI Southport personnel in
order remain in compliance with the stormwater permit. It was also noted by a
DEMLR inspector during an inspection in August 2019 that the area leased by
National Salvage was in dire need of maintenance.
CPI monitoring data shows there have been benchmark exceedances of copper as
recently as 2017. Copper is a conventional pollutant associated with wood storage.
It is possible National Salvage operations onsite are contributing to copper
benchmark exceedances at CPI Southport.
For the reasons discussed above, National Salvage was directed in November 2019
to apply for an NPDES Individual Industrial Stormwater Permit by CPI Southport
personnel and DEMLR staff. National Salvage is currently completing the application
process at the time of this Report.
2. The CPI Southport facility will no longer be eligible for Representative Outfall
Status (ROS):
If a facility is required to sample multiple discharge locations with very similar
stormwater discharges, the permittee may petition the Director for ROS. The facility
may be granted ROS if stormwater discharges from a single outfall are representative
of discharges from multiple outfalls.
CPI Southport is surrounded by a man-made ditch that effectively performs as a
mote. All stormwater not associated with fuel pile runoff leaves the site through one
outfall (SW005), travels over land, and discharges into the Duke Energy Brunswick
Steam Electric Plant (BSEP) manmade effluent channel. There are several internal
stormwater outfalls throughout the site that discharge into the surrounding
38

manmade ditch. Because all stormwater leaves the site through one outfall, major
BMP installations/improvements in 2015/2016, and evidence of good
housekeeping, the facility was awarded ROS.
During the permit renewal process, monitoring data from 2010-2019 was analyzed.
Monitoring data showed benchmark exceedances of Zinc from 2011-2013, 2015-
2017, and 2019. There were also several Copper benchmark exceedances in 2012-
2013, and 2017, and of COD in 2013.
Exceedances of benchmark values require the permittee to increase monitoring,
increase management actions, increase record keeping, and/or install stormwater
best management practices (BMPs) in a tiered program. Records of tier events are
required to be maintained in the SWPPP.
When CPI personnel were asked for records of tier events performed in response to
benchmark exceedances, the responses given were not consistent with permit
requirements. Tier event requirements are discussed above in Section II, Facility
Background. Facility personnel claimed there had not been "consecutive" sample
results above benchmarks that would trigger additional sampling (Tier Two). Facility
personnel stated that the site maintains a SWPPP that addresses any Tier One values
that may be above the benchmark:
"This plan presents a summary of potential stormwater pollution risks
from materials and activities that take place at the site. The Plan
provides a list of BMP's used at the plant, and is implemented,
maintained, and amended as appropriate. As identified in this plan,
periodic inspections are conducted, and records maintained, and any
corrective or follow-up actions completed in a timely manner. In
addition, qualified plant personnel conduct annual training programs
for employees responsible for any aspect of stormwater management."
DEMLR staff explained that monitoring data did in fact show several instances of
consecutive monitoring periods where parameter values exceeded the saltwater
benchmark value: COD, Copper, TSS and Zinc.
CPI Southport has an extensive and detailed SWPPP that includes a Narrative
Description of Potential Pollutant Sources. However, tier events are responses that
are required in the event of a benchmark exceedance/exceedances, as defined in Part
II of the permit, and as such, require continued investigation, improvement,
maintenance, and record keeping by the facility. The SWPPP is only related to the tier
responses in that all tier responses should be recorded in the SWPPP, and the SWPPP
should be updated to reflect the improvements and/or BMPs implemented at the site
from said benchmark exceedances.
39

Information on potential stormwater pollution risks, BMPs, inspection, etc. are
required to be in the SWPPP regardless, as a part of SWPPP requirements. For
example, Section A, Item 1(b), Item 2(a,b,c), Item 4, Item 5, and Item 7.
Based on the CPI Southport sampling data and 2010 permit requirements, CPI
Southport should have several records of Tier One and Tier Two events and
additionally, should have been participating in monthly monitoring, based on zinc
exceedances alone from 2012-2017.
CPI personnel provided a 2015 Annual Summary DMR that details a Tier One event
in response to a zinc benchmark exceedance. CPI was unable to provide any other
record of a tier response. CPI has never participated in monthly monitoring in
response to a benchmark exceedance.
The permit renewal application was submitted in October 2014. The former CPI Site
Water Technician no longer works at CPI and there has been a great deal of staff
turnover in DEMLR. There appear to have been verbal discussions between the
former CPI Site Water Technician and DEMLR Staff associated with zinc benchmark
exceedances, where DEMLR staff agreed CPI had taken a proactive approach to
implementing good housekeeping procedures around the site in dealing with spilled
TDF and/or associated dust (believed to be associated with zinc exceedances) and
agreed that practices identified in the SWPPP and annual BMP summary have
resulted in an overall improvement to the quality of stormwater runoff leaving the
site.
These improvements are further corroborated by Regional Office Inspectors who
have witnessed site improvements from 2010-2019. Zinc is a parameter that has a
general history of being difficult to reduce in stormwater samples. CPI Southport
personnel have stated brake pads could also be contributing to benchmark
exceedances. Structures at the facility may also be constructed out of galvanized
steel, which would also contribute to zinc benchmark exceedances.
Because of site improvements and a history of responsiveness by the current CPI Site
Water Technician, DEMLR has chosen not to elevate the matter to the level of a Notice
of Violation. However, because there have been a lack of tier responses, there is a lack
of data/investigation into problem areas at the site. Because stormwater discharges
from internal outfalls into the man-made ditch surrounding the site, the stormwater
becomes homogenous before discharging through Outfall SW005, where
representative samples are taken. The Narrative Description in the site SWPPP
presents potential pollution risks in each drainage area; however, there is a lack of
monitoring data that could be used for confirmation.
For the reasons discussed above and based on comments received, the facility will
no longer be eligible for Representative Outfall Status. The facility will be required to
sample at internal outfalls and at Outfall SW005 for the first fifteen months of permit
coverage before CPI Southport may again apply for ROS. During this time, the facility
40

will collect monitoring data that will be more representative of facility industrial
drainage areas. This data will in turn aid the facility if/when a tier response becomes
necessary.
A formal ROS Revocation Letter has been included as Attachment F.
3. The facility shall perform monthly monitoring for the first fifteen months of
permit coverage.
For the same reasons discussed above and based on comments received, the facility
shall be required to perform monthly monitoring for the first fifteen months of
permit coverage, during a measurable storm event.
A measurable storm event is a storm event that results in an actual discharge from
the permitted site outfall. The previous measurable storm event must have occurred
at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is
able to document that a shorter interval is representative for local storm events
during the sampling period and obtains approval from the local DEMLR Regional
Office. Two copies of this information and a written request letter shall be sent to
the local DEMLR Regional Office. After authorization by the DEMLR Regional Office,
a written approval letter must be kept on site in the permittee's SWPPP.
The facility shall immediately institute monthly monitoring upon permit issuance,
for the first fifteen months of permit coverage, April 1, 2020 through June 30, 2021.
During this time, the permittee shall conduct monthly analytical and qualitative
monitoring at every stormwater outfall that was previously sampled before ROS was
granted. Analytical monitoring of stormwater discharges shall be performed as
specified in the new permit and monthly discharge monitoring reports will be
submitted in accordance with the permit to the Division no later than 30 days from
the date the facility receives the sampling results from the laboratory. If no discharge
occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
If any parameter at any outfall is above a benchmark value, or outside of the
benchmark range, for the first valid sampling results, during monthly monitoring
conducted throughout the first fifteen months of permit coverage, the facility will
respond with a Tier One response. The intention of this requirement is for the facility
to investigate problem areas in the onsite DAs and make changes to prevent future
benchmark exceedances.
The facility may resume semi-annual monitoring on July 1, 2021, unless otherwise
specified by the Division. On this day the facility may also reapply for ROS.
41

4. Monitoirng parameters have been updated to reflect current benchmarks and
permit requirements.
During permit renewal, monitoring parameters were updated based on new
research, discussion between DWR and DEMLR staff, and analysis of CPI Southport's
monitoring data from 2010-2019.
DWR was asked to provide any available updates to benchmarks. Saltwater
benchmarks were established for Aluminum, Mercury, and Thallium. Updated
benchmark values were established for Selenium and Non -Polar Oil and Grease.
Antimony, Beryllium, Cadmium, Silver, and Sulfate were removed from the permit.
The rationales are provided below:
Benchmark Rationale:
• Aluminum - A Criterium Maximum Concentration (CMC) was established by
DWR staff based per language in 15A NCAC 02B .0202.
• Antimony - There was no saltwater data available to establish a benchmark;
however, because between 2010 and 2019, there was an isolated low-level
detection in 2013, the decision was made to remove the parameter.
• Arsenic - No changes were recommended.
• Beryllium - There was no saltwater data available to establish a benchmark;
however, because there were no detections of beryllium between 2010 and
2019, the decision was made to remove the parameter.
• Boron - There was no saltwater data available to establish a benchmark.
• Cadmium - No changes were recommended.
• Chromium - No changes were recommended.
• Copper - No changes were recommended.
• Creosote - Parameter was added in response to commenter concerns as a
conventional pollutant associated with wood storage. A saltwater benchmark
was established after evaluating the toxicity information available on the
EPA's ECOTOX database. The value is based off of toxicity testing of mortality
in estuarine shrimp.
• Lead - No changes were recommended.
• Mercury - NC has a 15A NCAC 02B Standard for saltwater mercury that is a
chronic value. The chronic value was recommended for use because of the
bioaccumulative nature of mercury.
• Nickel - NC has a 15A NCAC 02B Standard for saltwater acute dissolved nickel
(CMC = 74 ug/L). The EPA conversion factor or 0.99 was used to convert to the
total recoverable benchmark.
• Selenium - NC has a 15A NCAC 02B Standard for saltwater selenium that is a
chronic value. The chronic value was recommended for use because of the
bioaccumulative nature of mercury.
42

• Silver - No changes were recommended; however, because there were no
detections of beryllium between 2010 and 2019, the decision was made to
remove the parameter.
• Sulfate - No changes were recommended. However, because of the consistent,
well below the benchmark level detections between 2010 and 2019, the
decision was made to remove the parameter.
• Thallium - A saltwater benchmark was established by DWR based on half the
final acute value (10/mg/L) that was derived from toxicity testing or mortality
in shrimp.
• Zinc - No changes were recommended.
• COD - No changes were recommended.
• TSS - No changes were recommended.
• pH - No changes were recommended.
• Non -Polar Oil & Grease - Based on the onsite industrial activity, the 2010 Oil
& Grease parameter has been updated to the 2020 Non -Polar Oil and Grease
parameter. This parameter targets petroleum -based hydrocarbons with a
silica gel treatment step for hexane extraction.
Summary of Undated Parameters and Benchmarks:
Parameter
2010 Benchmark
2020 Benchmark
Aluminum
NA
0.24 m L
Antimony (Removed)
NA
NA
Arsenic
0.069 m /L
0.069 m /L
Beryllium Removed
NA
NA
Boron
NA
NA
Cadmium (Removed)
0.04 mg/T.
0.04 m L
Chromium
1.1 mg/L
1.1 mg/L
Copper
0.0058 m L
0.0058 m L
Creosote (Added)
-
0.009 m L
Lead
0.22 m /L
0.22 m /L
Mercury
N/A
0.000025 m L
Nickel
0.075 m /L
0.074 mg/L
Selenium
0.290 m /L
0.071 m /L
Silver (Removed)
0.0022 mg/L
0.0022 mg L
Sulfate Removed
500 m L
500 mg/L
Thallium
N/A
5 m /L
Zinc
0.095 m /L
0.095 m /L
COD
120 m L
120 m L
TSS
100 m L
100 m L
H
6.8-8.5
6.8-8.5
Non -Polar Oil &
Grease
30 mg/L
15 mg/L
43

5. A Hurricane Preparedness Plan will be added as a requirement to the
Stormwater Pollution Prevention Plan (SWPPP).
In 2008, Hurricane Florence was projected to hit Southport, NC as a Category 4
Hurricane. The storm made landfall as a Category 2, then Category 1 hurricane. The
flooding that resulted from heavy rains washed out roads and bridges and damaged
water mains. Powerlines and building structures were damaged by strong winds.
Significant damage was done to city infrastructure and many residents were affected.
It should be noted that CPI Southport was heavily involved in recovery efforts:
• In support of the 2018 Hurricane Florence Relief Efforts, Capital Power
contributed $25,000 to the Brunswick Family Assistance Agency (BFA).
• After Hurricane Florence, a Capital Power fuel handler provided time and
expertise to help secure a nearby bridge in the City of Southport. A front-end
loader from Capital Power was used to move gravel to add extra foundation
support to keep the bridge open and allow access to the city from two
connecting highways.
• After Hurricane Florence, Southport plant manager offered access up to 1.5
million gallons of water to the Southport Fire Department. The plant has two
holding tanks which hold one million gallons of fresh water supply each.
At the request of commenters, a requirement will be included in the SWPPP for CPI
Southport to establish a Hurricane Preparedness Plan, if one does not already exist.
If a Hurricane Preparedness Plan already exists for the site, the document shall be
kept with the SWPPP.
The NPDES Program does not deal directly with water quantity issues and is a water
quality program. Therefore, there is not an established basis for water quantity
regulation/permit requirements. The following is taken from the US Department of
Energy Hurricane Preparedness Fact Sheet for Industrial Sites and can be used as a
basis to develop the plan. The US Department of Energy Hurricane Preparedness Fact
Sheet for Industrial Sites is also included as Attachment G.
1. Establish a Planning Team:
o Choose a leader and staff based on their skills and capabilities.
o Assign specific tasks to either individuals or teams.
2. Analyze Capabilities and Hazards:
o Assess current preparations, potential risks, impacts of power failures and
structural damage, and ways to mitigate damage.
o To prepare for flooding, contact local floodplain manager or other official to
learn applicable risk; use flood -resistant building materials; erect physical
barriers; anchor tanks and other structures.
44

o To prepare for high winds, reinforce roof and siding panels; cover windows
and doors; anchor tanks; remove loose objects from the site.
o Have emergency backup power—e.g., a generator, battery storage, or
combined heat and power (CHP) system; obtain utility contact information
for power outages.
3. Develop Plan:
o Plan for before, during, and after an emergency; establish protocols for
employees' safety and site readiness.
o Prioritize a list of site preparations; update emergency power and supply
options.
o Establish emergency communication systems and backups.
o Establish staff responsibilities and procedures for shutdown, recovery, and
restart.
o Develop an evacuation plan, including support for employees.
o Establish procedures to shut down utility and process operations safely.
o Find ways to protect business records, materials, inventory.
o Update facility emergency contacts for before, during, and after the
emergency.
4. Implement Plan:
o Track the storm's path and intensity through the National Hurricane Center.
o Stay in touch with your state's emergency operations center.
o Stay in touch with corporate headquarters, other plants, employees,
customers, and suppliers.
o Carry out procedures for site preparation, emergency backup, shutdown, and
evacuation.
45

yA".'IA ku
David May, Hearing Officer
V. ABBREVIATIONS
BAT - Best Available Technology Economically Achievable
BEAT - Brunswick Environmental Action Team
BMP - Best Management Plan
BSEP - Brunswick Steam Electric Plant
CPI Southport -CPI USA North Carolina, LLC
DAQ - North Carolina Division of Air Quality
DEMLR - Division of Energy, Mineral and Land Resources
DWR - Division of Water Resources
NCDEQ - North Carolina Department of Environmental Quality
NPDES - National Pollutant Discharge Elimination System
POC - Pollutants of Concern
PPA - 126 priority pollutant analysis
RPA - Reasonable Potential Analysis
TDF - Tire Derived Fuel
SELC - Southern Environmental Law Center
SOC - Special Order by Consent
SW - Stormwater
WW - Wastewater
WWTP - Wastewater Treatment Plant
VI. ATTACHMENTS
3/18/2020
Date
A. Final Permit
B. Staff Report
C. Monitoirng Data Summary Table
D. CPI Southport SWPPP
E. CPI Southport FEMA Firmette
F. ROS Revocation Letter
G. US Department of Energy Hurricane Preparedness Fact Sheet for Industrial Sites
H. Draft Permit
I. Public Hearing Presentation
J. Hearing Registration Sheets
K. Written Comments
L. Transcription of Oral Comments
M. Affidavit of Publication for Public Hearing
N. Affidavit of Publication, Brunswick Beacon, 08/1S/2020
46

ATTACHMENT A
Final Permit

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
Ms. Virginia Grace
Senior Advisor, Environment
CPI USA North Carolina LLC
1281 Powerhouse Drive
Southport, NC 28461
Dear Ms. Grace:
NORTH CAROLINA
Environmental Quality
March 18, 2020
Subject: NPDES Stormwater Permit
Permit No. NCS000348
CPI USA North America LLC
New Hanover County
The Division of Energy, Mineral, and Land Resources' Stormwater Permitting Program
acknowledges receipt of your renewal application for coverage under NPDES Permit No.
NCS000348 on October 30, 2014. In response to your renewal application for continued
coverage under NPDES Permit No. NCS000348, the Division of Energy, Mineral and Land
Resources is forwarding herewith the subject state - NPDES 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 following changes were made to the final permit based on discussion between
Division of Energy, Mineral, and Resources (DEMLR) and the Division of Water
Resources (DWR) staff, internal review, and comments received during public
comment periods and the public hearing:
CPI USA North Carolina LLC shall no longer be eligible for Representative Outfall
Status for the first fifteen months of permit coverage.
The facility shall perform monthly monitoring for the first fifteen months of permit
coverage.
Monitoirng parameters have been updated to reflect current benchmarks and
permit requirements:
o Saltwater benchmarks for Aluminum, Mercury, and Thallium were
established.
o Saltwater benchmarks for Selenium and Non -Polar Oil and Grease were
updated.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
4��QEQ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
1XI
o.aenmenorg —wW J 919.707.9200

Ms. Virginia Grace
March 18, 2020
Page 2 of 3
Subject: Final NPDES Stormwater Permit No. NCS000348
o Creosote was added as a monitoring parameter.
o Monitoring parameters Antimony, Beryllium, Cadmium, Silver, and Sulfate
were removed from the permit.
A Hurricane Preparedness Plan requirement was added to the SWPPP.
Reporting Requirements have changed. Signed DMR forms will now be submitted
using the Digital Submittal Form located online and original, signed Electronic
Discharge Monitoring Reports (eDMRs) will now be mailed to the applicable DEMLR
Regional Office.
Template changes have been made since the draft permit sent on August 20, 2019.
This final permit includes no other major changes.
Please note that analytical and qualitative monitoring is required in this permit. Failure to
complete the monitoring as required is a violation of the permit and any permit
noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A,
Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for
Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to an adjudicatory hearing upon written
request within thirty (30) days following receipt of this letter. This request must be in the
form of a written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447,
Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be
final and binding.
Please take notice this permit is not transferable. Part III, B.2. addresses the requirements
to be followed in case of change in ownership or control of this discharge. This permit does
not affect the legal requirements to obtain other permits which may be required by the
Division of Energy, Mineral, and Land Resources, or permits required by the Division of
Water Resources, Coastal Area Management Act or any other federal or local governmental
permit that may be required.

Ms. Virginia Grace
March 18, 2020
Page 3 of 3
Subject: Final NPDES Stormwater Permit No. NCS000348
If you have any questions or comments concerning this permit, contact Lauren Garcia at
[phone], or at email, [e-mail].
Sincerely,
4rian Wrenn, Acting Director
Division of Energy, Mineral and Land Resources
ec: NPDES Files [Laserfiche]
Capital Power Corporation/ Francis Hayward [[e-mail]]; Ginny Grace
[[e-mail]]
Jones [[e-mail]]; Jeremy Watkins [[e-mail]]
WiRO / Morella S. King [[e-mail]]; Tom Tharrington
[tom.tharrington@ ncdenr.gov]
Aquatic Toxicology Branch, Hannah Headrick [[e-mail]]
SELC / Nick Jimenez [[e-mail]]; Chandra Taylor [[e-mail]]
Brunswick Environmental Action Teach (BEAT) / Pete Key, President BEAT
[[e-mail]]
Town of Caswell Beach / Chad Hicks, Town Administrator [[e-mail]]
Town of Oak Island / Lisa Stites, Town Clerk [[e-mail]]
Town of Holden Beach / Heather Finnell, Town Clerk [[e-mail]]
City of South Port / Board of Aldermen / Lora Sharkey [[e-mail]]
Fort Caswell / Brittany Pace [[e-mail]]
Attachments:
NPDES Stormwater Permit No. NCS000348

Permit No. NCS000348
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
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,
CPI USA North Carolina LLC
is hereby authorized to discharge stormwater from a facility located at:
CPI USA North Carolina - Southpoint Plant
1281 Powerhouse Drive
Southport, NC
Brunswick County
to receiving waters designated as the Atlantic Ocean, a class SB water body in the Cape Fear
River Basin, in accordance with the discharge limitations, monitoring requirements, and
other conditions set forth in Parts I, II, III, and IV hereof.
This permit shall become effective April 1, 2020.
This permit and the authorization to discharge shall expire at midnight on March 31, 2025.
Signed this day March 18, 2020.
Brian Wrenn, Acting Director
Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission

Permit No. NCS000348
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: Special Conditions
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
Section A: Compliance and Liability
1. Compliance Schedule
2. Duty to Comply
3. Duty to Mitigate
4. Civil and Criminal Liability
5. Oil and Hazardous Substance Liability
6. Property Rights
7. Severability
8. Duty to Provide Information
9. Penalties for Tampering
10. Penalties for Falsification of Reports
11. Onshore or Offshore Construction
12. Duty to Reapply
i

Permit No. NCS000348
Section B: General Conditions
1. Permit Expiration
2. Transfers
3. Signatory Requirements
4. Permit Modification, Revocation and Reissuance, or Termination
5. Permit Actions
6. Annual Administering and Compliance Monitoring Fee
Requirements
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Spills
8.
Bypass
9.
Twenty-four Hour Reporting
10.
Other Noncompliance
11.
Other Information
PART IV DEFINITIONS
ii

Permit No. NCS000348
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity.
Such discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described
in 40 CFR §122.26(g), the facility may qualify for a No Exposure Certification from NPDES
stormwater discharge permit requirements. Any owner or operator wishing to obtain a No
Exposure Certification must:
• Submit a No Exposure Certification application form to the Division of Energy,
Mineral and Land Resources (Division),
• Receive approval from the Division,
• Maintain no exposure conditions unless authorized to discharge under a valid
NPDES stormwater permit, and
• Recertify the No Exposure Certification annually.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that
has been adequately treated and managed in accordance with the terms and conditions of
this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The stormwater discharges allowed by this permit shall not cause or contribute
to violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any
other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or
decree.
Page 1 of 31

Permit No. NCS000348
SECTION C: LOCATION MAP
5
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eft ' �-� • r' .: ;. I f� ''�� ��
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` spar
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� i..`'—'-P _ — .yxs "+'+5�.9b - ,r-•- mac_`-...., ~yiY o,'C��'F_.. iiF.+L:FFd�..r ..,..�, =� ..
-•�, '`4J°. `.jhver� .�-� - rs'r dam'. .- � �."��
' e A � { ,•fir' .� }� - ,..
I•
NCS000348
Latitude: 33' 56' 40" N CPI USA North Carolina LLC
Longitude: 78' 00' 43" W 1281 Powerhouse Drive
County: Brunswick Southport, NC
Stream Class: SB
Receiving Stream: Atlantic Ocean
Sub -basin: 03-06-17 (Cape Fear River Basin)
Facility
Location
LL R
�%OittR Not to Scale
Page 2 of 31

Permit No. NCS000348
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SWPPP). The SWPPP shall be maintained on site unless exempted from this requirement
by the Division. The SWPPP is public information in accordance with Part III, Standard
Conditions, Section E, paragraph 3 of this permit. The SWPPP shall include, at a minimum,
the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and
the potential pollutant sources that may be expected to contribute to contamination of
stormwater discharges. The Site Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing:
i. the facility's location in relation to transportation routes and surface
waters; and
ii. the name of the receiving waters to which the stormwater outfalls
discharge, or if the discharge is to a municipal separate storm sewer
system, the name of the municipality and the ultimate receiving waters.
The general location map shall identify whether any receiving waters are impaired
(on the state's 303(d) list of impaired waters) or if the site is located in a watershed
for which a TMDL has been established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict:
i. The site property boundary;
ii. Site topography and finished grade;
iii. Buildings;
iv. Industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads);
v. Stormwater discharge outfalls (latitudes and longitudes must be listed);
vi. Drainage area for each outfall;
vii. Direction of flow in each drainage area;
viii. All on -site and adjacent surface waters and wetlands;
ix. All drainage features and structures;
x. Stormwater Control Measures (SCMs);
xi. Stormwater Best Management Practices (BMPs); and
xii. Impervious surfaces.
Page 3 of 31

Permit No. NCS000348
Additionally, the site map must indicate the percentage of each drainage area that is
impervious. A graphic scale and north arrow are also required components.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The permittee shall re -certify annually that the
stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The certification statement will be signed in accordance with the
requirements found in Part III, Standard Conditions, Section B, Paragraph 3.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including
structural and nonstructural measures. The Stormwater Management Strategy, at a
minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the
methods of operations and/or storage practices to eliminate or reduce exposure of
materials and processes to rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained.
a. Specific Controls
If the secondary containment devices are connected to stormwater
conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices which shall be maintained in the
closed position and secured closed with a locking mechanism.
b. Inspections
Any stormwater that accumulates in the containment area shall be, at a
minimum, visually observed for color, foam, outfall staining, visible sheens
and dry weather flow, and said observations shall be documented prior to
release of the accumulated stormwater. Accumulated stormwater may be
released if found to be uncontaminated by any material. Accumulated
stormwater found to be contaminated shall not be released from the
Page 4 of 31

Permit No. NCS000348
containment area. Documentation shall include the individual making the
observation, the description of the accumulated stormwater and
observations, and the method, date and time of the release or disposal.
c. Exceptions
For facilities subject to a federal oil Spill Prevention, Control, and
Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant
with the requirements of this permit may be used to demonstrate
compliance with this permit. The Division may allow exceptions to
secondary containment requirements for mobile refuelers, as with the
exemption provided by amendments to federal SPCC regulations, as long as
appropriate spill containment and/or diversionary structures or
equipment is used to prevent discharge to surface waters. Exceptions do
not apply to refuelers or other mobile tankage used primarily as bulk liquid
material storage in a fixed location in place of stationary containers.
(c) SCM/BMP Summary. A listing of structural Stormwater Control Measures (SCM)
and non-structural Best Management Practices (BMPs) on site shall be provided.
The installation and implementation of SCMs and/or BMPs shall be based on the
assessment of the potential for sources to contribute significant quantities of
pollutants to stormwater discharges and on data collected through monitoring of
stormwater discharges. The SCM/BMP Summary shall include a written record of
the specific rationale for installation and implementation of the selected site SCMs
and/or BMPs. The SCM/BMP Summary shall be reviewed and updated annually.
(d) Hurricane Preparedness Plan. A Hurricane Preparedness Plan (HPP) shall be
established for the facility if one does not already exist. If a HPP already exists for
the facility, it shall be kept with the SWPPP. The HPP shall include at minimum:
a. A plan for before, during, and after an emergency, including protocols for
employee safety and site readiness;
b. A prioritized list of risks and site preparations, including but not limited to:
Current preparations, potential risks, impacts of power failures and
structural damage, damage mitigation, flood preparation procedures, wind
preparation procedures, and emergency power;
c. Emergency communications systems and backups, where applicable.
d. Staff responsibilities and procedures for shutdown, recovery, and restart,
where applicable; and,
e. Procedures to shut down utility and process operations safely.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. The SPRP must be site specific. An oil Spill
Prevention Control and Countermeasure Plan (SPCC) may be a component of the SPRP.
The common elements of the SPCC used to meet the SPRP shall be incorporated by
reference into the SPRP. The SPRP shall, at a minimum, include:
Page 5 of 31

Permit No. NCS000348
(a) Identification of facility personnel responsible for implementing the SPRP.
Each responsible party shall be identified in a written list incorporated into
the SPRP and signed and dated by each individual acknowledging their
responsibilities for the plan.
(b) A responsible person shall be on -site at all times during facility operations
that have increased potential to contaminate stormwater runoff through
spills or exposure of materials associated with the facility operations.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented.
The program shall address all stormwater control systems (if applicable), stormwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural SCMs and non-structural BMPs.
The program shall establish specific schedules for inspections, maintenance, and
housekeeping activities for stormwater control systems, as well as facility equipment,
facility areas, and facility systems that present a potential for stormwater exposure or
stormwater pollution where not already addressed under another element of the
SWPPP. Semi-annual inspections of material handling areas and regular cleaning
schedules of these areas shall be incorporated into the program. Timely compliance
with the established schedules for inspections, maintenance, and housekeeping shall be
recorded and maintained in the SWPPP.
S. Facility Inspections. Inspections of the facility and all stormwater systems shall occur
as part of the Preventative Maintenance and Good Housekeeping Program at a
minimum on a semi-annual schedule, once during the first half of the year (January to
June), and once during the second half (July to December), with at least 60 days
separating inspection dates (unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater
discharge characteristic monitoring at the outfalls required in Part 11 B and C of this
permit.
6. Employee Training. Training programs addressing spill response and cleanup
procedures, preventative maintenance and good housekeeping activities, and facility
inspections shall be developed, and training provided at a minimum on an annual basis
for facility personnel with responsibilities for: spill response and cleanup, preventative
maintenance activities, and for any of the facility's operations that have the potential to
contaminate stormwater runoff. The facility personnel responsible for implementing
the training shall be identified, and their annual training shall be documented by the
signature of each employee trained.
7. Responsible Party. The SWPPP shall identify a specific position or positions
responsible for the overall coordination, development, implementation, and revision of
the SWPPP. Responsibilities for all components of the SWPPP shall be documented and
position assignments provided.
Page 6 of 31

Permit No. NCS000348
8. SWPPP Amendment and Annual Update. The permittee shall amend the SWPPP
whenever there is a change in design, construction, operation, site drainage,
maintenance, or configuration of the physical features which may have a significant
effect on the potential for the discharge of pollutants to surface waters. All aspects of
the SWPPP shall be reviewed and updated on an annual basis. The annual update
shall include:
(a) An updated list of significant spills or leaks of pollutants for the previous
three (3) years, or the notation that no spills have occurred;
(b) A written certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges;
(c) A documented re-evaluation of the effectiveness of the on -site SCMs and
BMPs in minimizing the contamination of stormwater runoff, including a
summarization of all SCM inspections conducted throughout the year
preceding the annual update;
(d) A statement that annual training requirements were met in the past year;
and
(e) A review and comparison of sample analytical data to benchmark values (if
applicable) over the past year, including an evaluation of Tiered Response
status. The permittee shall use the Division's Generic Annual Data
Monitoring Report (DMR) Form, available from the Stormwater Permitting
Program's website (See: https:,[/deq.nc.gov/about/divisionslenergy-
mineral-land-resources/npdes-stormwater-individual).
The Director may notify the permittee when the SWPPP does not meet one or more of
the minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the SWPPP to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes
have been made.
9. SWPPP Implementation. The permittee shall implement the SWPPP and all
appropriate SCMs and BMPs consistent with the provisions of this permit, in order to
control contaminants entering surface waters via stormwater. Implementation of the
SWPPP shall include documentation of all monitoring, measurements, inspections,
maintenance activities, and training provided to employees, including the log of the
sampling data and of actions taken to implement SCMs and BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall
be kept on -site for a period of five (5) years and made available to the Division
immediately upon request.
Page 7 of 31

Permit No. NCS000348
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1.
All analytical monitoring shall be performed during a measurable storm event at each
stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with
industrial activity must be sampled See Definitions).
A measurable storm event is a storm event that results in an actual discharge from the
permitted site outfall. The previous measurable storm event must have been at least 72 hours
prior. The 72-hour storm interval does not apply if the permittee is able to document that a
shorter interval is representative for local storm events during the sampling period, and the
permittee obtains approval from the local DEMLR Regional Engineer. See Definitions.
The permittee shall compare monitoring results to the benchmark values in Table 1.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install SCMs and BMPs in a tiered
program. See the descriptions of Tier One, Tier Two, and Tier Three response actions below
in Table 3, Table 4, and Table S.
Please note that the facility is required to institute monthly monitoring for the first fifteen
months of permit coverage, April 1, 2020 through June 30, 2021. If any parameter at any
outfall is above a benchmark value, or outside of the benchmark range, for the first valid
sampling results, during this time, the facility shall respond with a Tier One response.
If the facility is monitoring monthly because of Tier Two or Tier Three response actions
under the previous permit, the facility shall continue a monthly monitoring and reporting
schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the
Division.
In the event that the Division releases the permittee from continued monthly monitoring and
reporting under Tier Two or Tier Three, the Division's release letter may remain in effect
through subsequent reissuance of this permit, unless the release letter provides for other
conditions or duration. If the permittee obtains a written release letter from the Division
which approves modification of Tier 2 or Tier 3 monitoring requirements, then the letter shall
become an enforceable component of this permit.
The benchmark values in Table 1 are not permit limits but shall be used as guidelines for
implementation and evaluation of the permittee's SWPPP. An exceedance of a stormwater
benchmark value is not a permit violation; however, failure to respond to the exceedance as
outlined in this permit is a violation of permit conditions.
Please note that the parameters in the last row in Table 1 (new motor/hydraulic oil usage)
are only required for outfalls that discharge runoff from vehicle or equipment maintenance
areas in which more than 55 gallons of new motor oil and/or hydraulic oil are used per
month when averaged over the calendar year.
Page 8 of 31

Permit No. NCS000348
Table 1. Analytical Monitoring Requirements
Parameter
Discharge
Measurement
Sample
Sample
Benchmark
Code
Characteristics
Units
Fre uenc 1
Type2
Location3
01105
Aluminum, total recoverable
m /L
semi-annual
Grab
SDO
0.24 m /L
01002
Arsenic, total recoverable
m /L
semi-annual
Grab
SDO
0.069 mg/L
01022
Boron
m /L
semi-annual
Grab
SDO
N/A6
C0034
Chromium, total recoverable
m /L
semi-annual
Grab
SDO
1.1 m L
C0042
Copper, total recoverable
m /L
semi-annual
Grab
SDO
0.0058 mg/L
-
Creosote
m /L
semi-annual
Grab
SDO
0.009 mg/L
C0051
Lead, total recoverable
m L
semi-annual
Grab
SDO
0.22 m L
71890
Mercury by EPA low-level
mg/L
semi-annual
Grab
SDO
N/A7
detection method 1631E
C0067
Nickel, total recoverable
m L
semi-annual
Grab
SDO
0.074 m L
C0147
Selenium, total recoverable
m /L
semi-annual
Grab
SDO
0.071 m /L
01059
Thallium, total recoverable
mg/L
semi-annual
Grab
SDO
5 mg/L
C0092
Zinc, total recoverable
m L
semi-annual
Grab
SDO
0.095 m L
CLOD ical Oxygen Demand
00340
mg/L
semi-annual
Grab
SDO
120 mg/L
C0530
Total Sus ended Solids (TSS)
m L
semi-annual
Grab
SDO
100 m L
00400
pH
m L
semi-annual
Grab
SDO
6.8 — 8.58
46529
Total Rainfall¢
inches
semi-annual
Rain
Gauge
Non -Polar Oil & Grease by
00552
EPA Method 1664 (SGT-
mg/L
semi-annual
Grab
SDO
15 mg/L
HEM
New Motor Oil
Usage/Hydraulic Oil Usage
Gallons
NCOIL
for outfalls with vehicle/
/
semi-annual
Estimate
--
--
equipment maintenance
month
activitiess
Footnotes:
1 Measurement Frequency: Monthly for the first fifteen months of permit coverage and twice per year
beginning on July 1, 2021 (unless other provisions of this permit prompt monthly sampling) during a
measurable storm event, until either another permit is issued for this facility or until this permit is
revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response
actions under the previous permit, the facility shall continue a monthly monitoring and reporting
schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the
Division.
2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within
the first 30 minutes, and shall continue until completed.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall
be kept on site. Note: The facility is not eligible for ROS during the first fifteen months of permit
coverage, April 1, 2020 through June 30, 2021.
4 For each sampled measurable storm event, the total precipitation must be recorded. An on -site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge
reading may be substituted for an on -site reading.
5 This parameter is only required for outfalls that discharge runoff from vehicle/equipment maintenance
areas in which more than 55 gallons of new motor or hydraulic oil are used per month when
averaged over the calendar year.
Page 9 of 31

Permit No. NCS000348
6 No saltwater data available to calculate a benchmark.
7 Mercury shall be analyzed by EPA Low-level detection method 1631E. This method also requires a field
blank to be analyzed.
8 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall
data indicate precipitation pH levels are within ± 0.1 standard units of the measured discharge
values of lower, then the lower threshold of this benchmark range does not apply. Readings from the
on -site local rain gauge (or local precipitation data) must be documented to demonstrate background
concentrations were below the benchmark pH range.
The permittee shall complete the analytical samplings in accordance with the schedule
specified below in Table 2, unless adverse weather conditions prevent sample collection
(see Adverse Weather in Definitions). Sampling is not required outside of the facility's
normal operating hours. Beginning during semi-annual sampling in Year 2 of permit
coverage, a minimum of 60 days must separate Period 1 and Period 2 sample dates,
unless monthly monitoring has been instituted under a "Tier Two" response. Inability to
sample because of adverse weather conditions must be documented in the SWPPP and
recorded on the DMR. The permittee must report the results from each sample taken
within the monitoring periods (see Part III, Section E), including monthly samples taken
during the first fifteen months of permit coverage. However, for purposes of benchmark
comparison and Tiered response actions, the permittee shall use the analytical results from
the first sample with valid results within the monitoring period.
Table 2. Monitoring Schedule
Year 1 Monitoring
Start Date
End Date
Events'
Monthly
April 1, 2020
June 30, 2021
Year 2-5 Monitoring
Start Date
End Date
Events2,3,4
Period 1
January 1
June 30
Period 2
July 1
December 31
Footnotes:
1 The facility shall conduct monthly monitoring for the first fifteen months of permit coverage,
beginning April 1, 2020.
2 Beginning on July 1, 2021, maintain semi-annual monitoring until either another permit is issued for
this facility or until this permit is revoked or rescinded. The permittee must submit an application
for renewal of coverage before the submittal deadline (180 days before expiration) to be considered
for renewed coverage under the permit. The permittee must continue analytical monitoring
throughout the permit renewal process, even if a renewal permit is not issued until after expiration
of this permit.
3 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period.
4 Monitoring periods remain consistent through the permit term and through the renewal process.
Monthly monitoring begins on April 1, 2020 and ends on June 30, 2021. The first semi-annual
sampling period begins in Period 2 on July 1, 2021.
Failure to monitor semi-annually per permit conditions may result in the Division
requiring monthly monitoring for all parameters for a specified time period. "No
discharge" from an outfall during a monitoring period does not constitute failure to
monitor, as long as it is properly recorded and reported.
Page 10 of 31

Permit No. NCS000348
1 able s. -1 ler Une Requirements
If any parameter at any outfall is above a benchmark value, or outside of the benchmark range, for the first valid
sampling results;
Then the permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Evaluate and select specific source controls, operational controls, and/or physical improvements to
reduce concentrations of the parameter(s) of concern and bring concentrations within the benchmark
range.
4. Implement the selected controls/improvements within two months of the inspection.
5. Record each instance of a Tier One response in the SWPPP. Include the date and value of the benchmark
exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
Note: A benchmark exceedance triggers a Tier One response for each parameter.
fable 4. "Fier Two Requirements
If the first valid sampling results from two consecutive monitoring periods (omitting periods with no
discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at
a specific discharge outfall;
Then the permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all analytical monitoring parameters. The
permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the
benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall
continue until three consecutive sample results are below the benchmark values or within benchmark
range.
Note: Monthly monitoring is required during the first fifteen months of permit coverage.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating "No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the
option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may require additional response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
S. Maintain a record of the Tier Two response in the SWPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
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Permit No. NCS000348
Table 5. Tier Three Requirements
If the valid sampling results required for the permit monitoring periods exceed the benchmark value, or
are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the
permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth
analytical results;
Then the Division may, at minimum, require the permittee:
• Revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters
herein;
• Sample for additional or substitute parameters;
• Install structural stormwater controls;
• Implement other stormwater control measures;
• Perform upstream and downstream monitoring to characterize impacts on receiving waters;
• Implement site modifications to qualify for a No Exposure Exclusion;
• Continue Tier Three obligations through the permit renewal process.
This site discharges to impaired waters experiencing problems with fish tissue mercury. If
the Division institutes further actions, which may include the development of a Total
Maximum Daily Load (TMDL) for this segment of the Atlantic Ocean, then the Division will
consider your monitoring results in determining whether additional SCMs and/or BMPs
are needed to control the pollutant(s) of concern to the maximum extent practicable.
If additional SCMs and/or BMPs are needed to achieve the required level of control, the
permittee will be notified in writing and required to (1) develop a strategy for
implementing appropriate SCMs and/or BMPs, and (2) submit a timetable for
incorporation of those SCMs and/or BMPs into the Stormwater Pollution Prevention Plan.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
The purpose of qualitative monitoring is to evaluate the effectiveness of the SWPPP and
identify new potential sources of stormwater pollution. Qualitative monitoring of
stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status. Qualitative monitoring shall be performed semi-annually
during required analytical monitoring events (unless the permittee is required to perform
further qualitative monitoring per the Qualitative Monitoring Response, below). Inability
to monitor because of adverse weather conditions must be documented in the SWPPP and
recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions).
Only SDOs discharging stormwater associated with industrial activity must be monitored
(See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee
shall document the suspected cause of the condition and any actions taken in response to
the discovery. This documentation shall be maintained with the SWPPP.
Page 12 of 31

Permit No. NCS000348
Table 6. Qualitative Monitoring Requirements
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
1 Monitoring Frequency: Twice per year during a measurable storm event unless other provisions of this
permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must
continue qualitative monitoring throughout the permit renewal process until a new permit is issued.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has
been instituted as part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater SCMs and/or
BMPs are ineffective, or that significant stormwater contamination is present, the
permittee shall investigate potential causes, evaluate the feasibility of corrective actions,
and implement those corrective actions within 60 days, per the Qualitative Monitoring
Response in Table 7. A written record of the permittee's investigation, evaluation, and
response actions shall be kept in the SWPPP.
Page 13 of 31

Permit No. NCS000348
'able 7. Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SWPPP effectiveness, identifying new
potential sources of stormwater pollution, and prompting the permittee's response to pollution. If
the permittee repeatedly fails to respond effectively to correct problems identified by qualitative
monitoring, or if the discharge causes or contributes to a water quality standard violation, then the
Division may, at minimum, require the permittee:
• Revise, increase, or decrease the monitoring frequency for some or all parameters
(analytical or qualitative);
• Install structural stormwater controls;
• Implement other stormwater control measures;
• Perform upstream and downstream monitoring to characterize impacts on receiving
waters; or
• Implement site modifications to qualify for a No Exposure Exclusion.
SECTION D: SPECIAL CONDITIONS
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 III of this permit (Standard Conditions for NPDES Permits):
• Section B. (3.) Signatory Requirements
• Section D. (6.) Records Retention
• Section E. (1.) Discharge Monitoring Reports
• Section E. (2.) Submitting Reports
1. Reporting Requirements
[Supplements Section E. (1.) and Supersedes Section E. (2.)]
When the Division's electronic reporting system is able to accept NPDES stormwater
permit monitoring data, the permittee shall report discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR)
internet application. The Division will notify permittees when eDMR is ready to accept
stormwater monitoring data.
Until the Division's eDMR application is compliant with EPA's Cross -Media Electronic
Reporting Regulation (CROMERR), DMRs shall be submitted to the Division using the
following process:
1. Print a blank copy of the Generic Annual DMR Form from the NPDES
Stormwater Individual Permits web site at
Page 14 of 31

Permit No. NCS000348
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-
stormwater-individual.
2. Complete, sign and scan the DMR Form and submit it using the Digital
Submittal Form on the NPDES Stormwater Individual Permits web site at
https: I Ideq.nc.gov/about/divisions/energy-mineral-land-resources Inpdes-
stormwater-individual.
3. Mail the original, signed DMR form to the following address:
DEMLR Wilmington Regional Office
127 Cardinal Drive Ext.,
Wilmington, NC 28405
When eDMR is initiated, 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 or alternative forms approved
by the Director. Duplicate signed copies shall be submitted to the mailing address
above. See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due no later than 30 days from
the date the facility receives the sampling results from the laboratory.
2. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and
is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver
are found on the following web page:
http: //deq.nc.gov/about/divisions/water-resources/edmr
3. Signatory Requirements
ISunnlements Part III. Section B. f3.1 fbl and Supersedes Part III. Section B. B.
WH
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part III, Section B. (3)(a) or by a duly authorized representative of that
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Permit No. NCS000348
person as described in Part III, Section B. (3)(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:./-ldeq..nc.gov/about/divisions/water-resources./edmr
Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
7 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 forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
4. Records Retention
[Supplements Section Part III D. (6.).]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 5
years from the date of the report. This period may be extended by request of the
Director at any time [40 CFR 122.41].
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Permit No. NCS000348
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan shall be developed and implemented
within 12 months of the effective date of the initial permit and updated thereafter on an
annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of
this permit, shall be accomplished within 12 months of the effective date of the initial
permit issuance.
New Facilities applying for coverage for the first time: The Stormwater Pollution
Prevention Plan shall be developed and implemented prior to the beginning of discharges
from the operation of the industrial activity and be updated thereafter on an annual basis.
Secondary containment, as specified in Part II, Section A, Paragraph 2 (b) of this permit shall
be accomplished prior to the beginning of stormwater discharges from the operation of the
industrial activity.
Existing facilities previously permitted and applying for renewal: All requirements,
conditions, limitations, and controls contained in this permit (except new SWPPP elements
in this permit renewal) shall become effective immediately upon issuance of this permit.
New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be
developed and implemented within 6 months of the effective date of this permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part II,
Section A, Paragraph 2 (b) of this permit shall be accomplished prior to the beginning of
stormwater discharges from the operation of the industrial activity.
Duty to Complv
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action;
for permit termination, revocation and reissuance, or modification; or denial of a permit
upon renewal application [40 CFR 122.41].
b. The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations that
establish these standards or prohibitions, even if the permit has not yet been modified
to incorporate the requirement [40 CFR 122.41].
c. 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 $51,570 per day for each violation [33 USC 1319(d) and 40 CFR
122.41(a)(2)].
d. 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
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Permit No. NCS000348
a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is
subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment
of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33
USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
e. Any person who knowingly violates such sections, or such conditions or limitations is
subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment
for not more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both [33
USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of
the Act, or any permit condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, and who knows at that time that he thereby
places another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3)(B)(iii) 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(a)(2)].
g. Understate law, a civil penalty of not more than $25,000 per violation maybe 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].
h. 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 $20,628 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$51,570. Penalties for Class II violations are not to exceed $20,628 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)].
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment [40 CFR 122.41(d)].
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater
control facilities, nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-
215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
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Permit No. NCS000348
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 USC 1321.
Property Rights
The issuance of this 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)].
Severabilitv
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to
this permit or to determine compliance with this permit. The permittee shall also furnish to
the Permit Issuing Authority upon request, copies of records required to be kept by this
permit [40 CFR 122.41(h)].
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon 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 122.41].
10. Penalties for Falsification of Reports
The Clean Water Act 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 $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
11. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
12. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit [40 CFR
122.41(b)].
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Permit No. NCS000348
SECTION B: GENERAL CONDITIONS
Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
forms and fees as are required by the agency authorized to issue permits no later than 180
days prior to the expiration date, unless permission for a later date has been granted by
the Director. (The Director shall not grant permission for applications to be submitted later
than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has
not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to
expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36
and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any person without prior written notice to and approval
from the Director in accordance with 40 CFR 122.61. The Director may condition approval
in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2. and may
require modification or revocation and reissuance of the permit, or a minor modification, to
identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required
to notify the Division in writing in the event the permitted facility is sold or closed.
Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall
be signed and certified [40 CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge 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 122.22].
b. All reports required by the permit and other information requested by the Permit
Issuing Authority shall be signed by a person described in paragraph a. above or by a
Page 20 of 31

Permit No. NCS000348
duly authorized representative of that person. A person is a duly authorized
representative only if.
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR
122.22].
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, or
submitting an electronic report (e.g., eDMR), 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
qualified personnel properlygather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible forgathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
4. Permit Modification. Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the Permit Issuing Authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The
notification of planned changes or anticipated noncompliance does not stay any permit
condition [40 CFR 122.41(f)].
6. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in
accordance with 15A NCAC 21-1.0105(b)(2) may cause the Division to initiate action to
revoke the permit.
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Permit No. NCS000348
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of this permit [40 CFR 122.41(e)].
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)].
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited, and the Director may take enforcement action against a permittee for
bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater, or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director
may approve an anticipated bypass after considering its adverse effects.
4. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense
to an action brought for excursion from permit benchmark concentrations and/or
noncompliance with monitoring requirements if the requirements of this condition
are met. No determination made during 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 demonstration of upset: Any Permittee who wishes to
establish the affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operation logs, or other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permitted facility was at the time being properly operated;
(3) The Permittee submitted notice of the upset; and
(4) The Permittee complied with any remedial measures.
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Permit No. NCS000348
SECTION D: MONITORING AND RECORDS
Representative Sampling
Samples collected, and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Analytical sampling shall be performed
during a measurable storm event. Samples shall be taken on a day and time that is
characteristic of the discharge. All samples shall be taken before the discharge joins or is
diluted by any other waste stream, body of water, or substance. Monitoring points as
specified in this permit shall not be changed without notification to and approval of the
Permit Issuing Authority [40 CFR 122.41(j)].
Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information [40 CFR 122.41]:
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.
Flow Measurements
Where required, 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.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels and all data generated must be reported
down to the minimum detection or lower reporting level of the procedure. If no approved
methods are determined capable of achieving minimum detection and reporting levels
below permit discharge requirements, then the most sensitive (method with the lowest
possible detection and reporting level) approved method must be used.
Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical, and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
Records Retention
Visual monitoring shall be documented, and records maintained at the facility along with
the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also
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Permit No. NCS000348
be maintained on -site. The permittee shall retain records of all monitoring information,
including:
a. all calibration and maintenance records,
b. all original strip chart recordings for continuous monitoring instrumentation,
C. copies of all reports required by this permit, including Discharge Monitoring Reports
(DMRs),
d. copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 5 years from the date of
the sample, measurement, report or application. This period may be extended by request of
the Director at any time [40 CFR 122.41].
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required by
law, to:
a. Enter 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 Clean Water Act, any substances or
parameters at any location [40 CFR 122.41(i)].
SECTION E: REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director or
submitted electronically to the appropriate authority using an approved electronic DMR
reporting system (e.g., eDMR). DMR forms are available on the Division's website
(https: I/deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-
individual). Regardless of the submission method (paper or electronic), submittals shall be
delivered to the Division or appropriate authority no later than 30 days from the date the
facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is
required to submit a discharge monitoring report, within 30 days of the end of the specified
sampling period, giving all required information and indicating "NO FLOW" as per NCAC
T15A 0213.0506.
If the permittee monitors any pollutant more frequently than required by this permit using
test procedures approved under 40 CFR Part 136 and at a sampling location specified in this
Page 24 of 31

Permit No. NCS000348
permit or other appropriate instrument governing the discharge, the results of such
monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)].
The permittee shall record the required qualitative monitoring observations on the SDO
Qualitative Monitoring Report form provided by the Division and shall retain the completed
forms on site. Qualitative monitoring results should not be submitted to the Division,
except upon the Division's specific requirement to do so. Qualitative Monitoring Report
forms are available at the website above.
2. Submitting Reports
Original, signed Discharge Monitoring Reports (DMRs) shall be submitted to the mailing
address of the appropriate Regional Office listed on DEQ's website at
https:Hdeq.nc.gov/contact/regional-offices.
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this
permit shall be available for public inspection at the offices of the Division. As required by
the Act, analytical data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required
under all other applicable discharge permits and provide this information with the
stormwater discharge monitoring report.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at
the permitted facility which could significantly alter the nature or quantity of pollutants
discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are
not specifically listed in the permit or subject to notification requirements under 40 CFR
Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes at the
permitted facility which may result in noncompliance with the permit [40 CFR
122.41(1)(2)].
7. Snills
The permittee shall report to the local DEMLR Regional Office, within 24 hours, all
significant spills as defined in Part IV of this permit. Additionally, the permittee shall report
spills including: any oil spill of 25 gallons or more, any spill regardless of amount that
causes a sheen on surface waters, any oil spill regardless of amount occurring within 100
feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within
24 hours.
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Permit No. NCS000348
8. Bypass
Reference [40 CFR 122.41(m)(3)]:
a. 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.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming
aware of an unanticipated bypass.
9. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information
shall be provided orally within 24 hours from the time the permittee became aware of
the circumstances. A written submission shall also be provided within 5 days of the
time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, and if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance [40 CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under
this section if the oral report has been received within 24 hours.
C. Occurrences outside normal business hours may also be reported to the Division's
Emergency Response personnel at [phone], [phone] or (919) 733-
3300.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24-hour
reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)].
11. 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(1)(8)].
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Permit No. NCS000348
PART IV DEFINITIONS
Act
See Clean Water Act.
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel,
such as local flooding, high winds, or electrical storms, or situations that otherwise make
sampling impractical. When adverse weather conditions prevent the collection of samples
during the sample period, the permittee must take a substitute sample or perform a visual
assessment during the next qualifying storm event. Documentation of an adverse event
(with date, time and written narrative) and the rationale must be included with SWPPP
records. Adverse weather does not exempt the permittee from having to file a monitoring
report in accordance with the sampling schedule. Adverse events and failures to monitor
must also be explained and reported on the relevant DMR.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. However, non-stormwater discharges which
shall be allowed in the stormwater conveyance system include:
a. All other discharges that are authorized by a non-stormwater NPDES permit.
b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and
fire hydrant flushings, water from footing drains, flows from riparian habitats and
wetlands.
C. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower
or eye wash as a result of use in the event of an emergency.
4. Best Management Practices (BMPs
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure. More information on
BMPs can be found at: http:/ www.epa.gov/npdes/national-menu-best-management-
practices-bmps-stormwater#edu.
Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control
facility including the collection system, which is not a designed or established operating
mode for the facility.
Bulk Storage of Liquid Products
Liquid raw materials, intermediate products, manufactured products, waste materials, or
by-products with a single above ground storage container having a capacity of greater than
660 gallons or with multiple above ground storage containers having a total combined
storage capacity of greater than 1,320 gallons.
Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit
upon issuance and lists the facility name, location, receiving stream, river basin, effective
date of coverage under any General Permit and is signed by the Director.
Page 27 of 31

Permit No. NCS000348
8. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.
9. Division or DEMLR
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality.
10. Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed
(quantitatively or qualitatively) must be taken within the first 30 minutes of discharge.
13. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
14. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which
is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste
long-term storage facility or a surface storage facility.
15. Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The
previous measurable storm event must have been at least 72 hours prior. The 72-hour
storm interval may not apply if the permittee is able to document that a shorter interval is
representative for local storm events during the sampling period and obtains approval from
the local DEMLR Regional Office. Two copies of this information and a written request
letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR
Regional Office, a written approval letter must be kept on site in the permittee's SWPPP.
16. Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
17. No Exposure
A condition of no exposure means that all industrial materials and activities are protected
by a storm -resistant shelter or acceptable storage containers to prevent exposure to rain,
snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to,
material handling equipment or activities, industrial machinery, raw materials,
intermediate products, by-products, final products, or waste products [40 CFR 122.26
(b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g).
Page 28 of 31

Permit No. NCS000348
18. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the
facility's notice of intent to seek coverage under a General Permit.
19. Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above).
20. Permittee
The owner or operator issued this permit.
21. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to,
any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is
or may be discharged to waters of the state.
22. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the Division may grant representative outfall
status. Representative outfall status allows the permittee to perform analytical monitoring at a
reduced number of outfalls.
23. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to contain the 25-year, 24-hour storm event.
24. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency
Planning and Community Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
C. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain
toxic pollutants and hazardous substances);
ii. Is listed as a hazardous substance pursuant to section 311(b) (2) (A) of the CWA
at 40 CFR 116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality
criteria.
25. Severe Property Damage
Substantial physical damage to property, damage to the control 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 does
not mean economic loss caused by delays in production.
26. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents,
and plastic pellets; finished materials such as metallic products; raw materials used in food
processing or production; hazardous substances designated under section 101(14) of
CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of
Page 29 of 31

Permit No. NCS000348
SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have
the potential to be released with stormwater discharges.
27. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40
CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).
28. Stormwater Control Measure
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from Stormwater runoff by promoting settling or filtration or mimic the natural
hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration discharge,
reuse of stormwater, or a combination thereof.
29. Stormwater Control Systems
All systems at present at the facility used for the control and facilitation of stormwater,
including but not limited to, all drainage systems and all stormwater control measures and
best management practices.
30. Stormwater Discharge Outfall (SDO
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which stormwater flows directly or indirectly into waters
of the State of North Carolina.
31. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
32. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater
and which is directly related to manufacturing, processing or raw material storage areas at
an industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from
facilities or activities excluded from the NPDES program.
33. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.
34. Total Maximum Dailv Load (TMDL
TMDLs are written plans for attaining and maintaining water quality standards, in all
seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of
North Carolina can be found at https://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/tmdls/draft-and-approved-tmdls.
35. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
Page 30 of 31

Permit No. NCS000348
36. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations. This definition includes equipment maintenance
activity that uses hydraulic oil and that is stored or used outside, or otherwise exposed to
stormwater.
37. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.
38. 25-year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.
Page 31 of 31

ATTACHMENT B
Staff Report

NC Division of Energy, Mineral and Land Resources
Review for Permit - NCS000348
CPI USA North Carolina - Southport Plant
Facility Activities and Process:
• SIC Code: 4911 - Powerplant
• Potentially exposed materials at the plant include coal, petroleum products stored in
existing ASTs, water treatment chemicals and ash. Coal for the boiler plant is stored outside
in the coal pile and coal pile runoff is treated in the low volume wastewater system prior to
discharge.
• CPI Southport is a combined heat and power generation facility that burns a mixture of coal,
tire -derived fuel (TDF), and wood residuals to produce steam and electrical power.
• The facility discharges to sub basin 030617 in the Atlantic Ocean, in the Cape Fear River
Basin. The facility operates five internal outfalls (Outfalls SW001, SW002, SW003, SW004,
and SW006) and one external outfall (Outfall SW005).
• The entire site is surrounded by a man-made ditch, which all internal outfalls, except for
SW002, discharge into. The man-made ditch discharges from the site through the external
outfall (SW005), which discharges from the site and flows over land into the Duke Energy
Brunswick Steam Electric Plant (BSEP) manmade effluent channel. The Effluent Channel is
approximately 9.6 miles long and discharges from a pipe approximately 2,000 feet offshore,
into the Atlantic Ocean, a class SB waterbody.
• All stormwater leaves the site through Outfall SW005, except for runoff from fuel storage
areas, which discharges to the onsite wastewater treatment system. Because of this, the
facility has Representative Outfall Status (ROS) for Outfall SWO05 and only samples
stormwater discharge at this outfall.
• National Salvage and Service Corporation operates on leased land onsite. National Salvage
grinds used railroad ties to manufacture wood biomass burned onsite.
Monitoring Information:
During permit renewal, monitoring parameters were updated based on new research,
discussion between DWR and DEMLR staff, and analysis of CPI Southport's monitoring data
from 2010-2019.
DWR was asked to provide any available updates to benchmarks. Saltwater benchmarks were
established for Aluminum, Mercury, and Thallium. Updated benchmark values were
established for Selenium and Non -Polar Oil and Grease. Antimony, Beryllium, Cadmium,
Silver, and Sulfate were removed from the permit. The rationales are provided below:
Benchmark Rationale:
• Aluminum - A Criterium Maximum Concentration (CMC) was established by DWR
staff based per language in 15A NCAC 02B .0202.
• Antimony - There was no saltwater data available to establish a benchmark;
however, because between 2010 and 2019, there was an isolated low-level detection
in 2013, the decision was made to remove the parameter.
• Arsenic - No changes were recommended.
• Beryllium - There was no saltwater data available to establish a benchmark;
however, because there were no detections of beryllium between 2010 and 2019, the
decision was made to remove the parameter.

• Boron - There was no saltwater data available to establish a benchmark.
• Cadmium - No changes were recommended.
• Chromium - No changes were recommended.
• Copper - No changes were recommended.
• Creosote - Parameter was added in response to commenter concerns as a
conventional pollutant associated with wood storage. A saltwater benchmark was
established after evaluating the toxicity information available on the EPA's ECOTOX
Database. The value is based off of toxicity testing of mortality in estuarine shrimp.
• Lead - No changes were recommended.
• Mercury - NC has a 15A NCAC 02B Standard for saltwater mercury that is a chronic
value. The chronic value was recommended for use because of the bioaccumulative
nature of mercury.
• Nickel - NC has a 15A NCAC 02B Standard for saltwater acute dissolved nickel (CMC
= 74 ug/L). The EPA conversion factor or 0.99 was used to convert to the total
recoverable benchmark.
• Selenium - NC has a 15A NCAC 02B Standard for saltwater selenium that is a chronic
value. The chronic value was recommended for use because of the bioaccumulative
nature of mercury.
• Silver - No changes were recommended; however, because there were no detections
of beryllium between 2010 and 2019, the decision was made to remove the
parameter.
• Sulfate - No changes were recommended. However, because of the consistent, well
below the benchmark level detections between 2010 and 2019, the decision was
made to remove the parameter.
• Thallium - A saltwater benchmark was established by DWR based on half the final
acute value (10/mg/L) that was derived from toxicity testing or mortality in shrimp.
• Zinc - No changes were recommended.
• COD - No changes were recommended.
• TSS - No changes were recommended.
• pH - No changes were recommended.
• Non -Polar Oil & Grease - Based on the onsite industrial activity, the 2010 Oil &
Grease parameter has been updated to the 2020 Non -Polar Oil and Grease parameter.
This parameter targets petroleum -based hydrocarbons with a silica gel treatment
step for hexane extraction.
The facility has a history of benchmark exceedances of Zinc, Copper, COD, and TSS.
Surface Water Information:
In previous permits, Price Creek was listed as the receiving waterbody; however, it was
discovered during the 2020 renewal that stormwater discharges near the northwestern
corner of the site, into the BSEP manmade effluent channel, then into the Atlantic Ocean.
Discussions with the Facility:
Contact was made with the facility over phone and email on 8/13/2019. The facility
responded on 8/13/2019. Overall, facility personnel are very responsive and provided all
requested documents.
Regional Office Information:

• Sent to Regional Office Contact, Brian Lambe, on 8/2/2019.
• Brian Lambe conducted inspections on August 8/20/2019 and November 14, 2019.
Public Hearing:
A joint public hearing with wastewater was held on Nov 21, 2019. In response to comments
received, discussion between DEMLR and DWR, and internal review, the following changes were
made:
1. National Salvage and Service Corporation (National Salvage) shall apply for an NPDES
Individual Industrial Stormwater Permit:
2. The CPI Southport facility will no longer be eligible for Representative Outfall Status
(ROS)
3. The facility shall perform monthly monitoring for the period of one year.
4. Monitoirng parameters have been updated to reflect current benchmarks and permit
requirements.
S. A Hurricane Preparedness Plan will be added as a requirement to the Stormwater
Pollution Prevention Plan (SWPPP).

ATTACHMENT C
Monitoring Data Summary Table

CPI USA North Carolina, LLC Monitoring Data 2010-2019
Paramter
Benchmark
(Salt Water)
Benchmark
(Freshwater)
9/27/2010
7/8/2011
3/19/2012
10/1/2012
4/12/2013
10/7/2013
4/8/2014
4/15/2015
6/7/2016
12/8/2016
6/21/2017
12/8/2017
6/9/2018
12/9/2018
6/13/2019
11/17/2019
Aluminum (Al)
N/A
0.75 mg/L
0.43
0,775
0.282
3.9
4.32
10.6
0.175
0.64
0.486
0.799
0.295
0.272
0.212
0.308
0.672
0.152
Antimony (Sb)
N/A
0.09 mg/L
<0.01C
<0.010
<0.020
0.016
<0.010
<0.010
<0.010
<0.010
Arsenic (As)
0.069 mg/L
0.34 mg/L
<0.01G
<0.010
<0.020
0.016
0.01
<0.010
<0.010
<0.010
<0.010
Beryllium (Be)
N/A
0.065 mg/L
<0.010)
<0.010
<0.004
<0.010
<0.010
<0.010
<0.010
Boron (B)
N/A
N/A
0.053
0,242
0.189
0.142
0.041
0.042
0.036
0.039
0.09
0.17
0.121
0.041
<0.05
0.065
0.067
0.061
Cadmium (Cd)
0.040 mg/L
0.003 mg/L
<0.010
<0.010
<0.005
I<0.01
<0.010
<0.010
<0.010
<0.010
Chromium (Cr)
1.1 mg/L
0.905 mg/L
<0.010
<0.010
<0.02
0.027
0.03
<0.010
<0.0
<0.010
<0.010
COD
120 mg/L
120 mg/L
41
<20
31
79
442
280
35
79
64
75
87
<20
38
<20
61
37
Copper (Cu)
0.0058 mg/L
0.010 mg/L
<0.01(r
<0.010
0.025
0.133
0.079
<0.010
<0.010
0.005
0.002
<0.010
<0.010
Lead (Pb)
0.22 mg/L
0.075 mg/L
<0.010
<0.010
<0.015
0.072
0.02
<c....
<0.010
<0.010
<0.010
<0.010
Mercury (Hg)
N/A (ug/L)
0.000012 mg/L
').0002
<0.0002
<0.0002
)
<0.00(1
0.0002
<0.0002
-.0002
<0.0002
Nickel (Ni)
0.075 mg/L
0.335 mg/L
<0.01C
<0.010
<0.02
0.035
0.032
710
<0.010
<0.010
O&G
30 mg/L
30 mg/L
<5
<51
<5
<5
<5
<5
<5
<5
7
<5
7
<5
<5
<5
<5
<5
pH
6.8-8.5 s.u.
6-9 s.u.
7.4
7.3
7.85
6.96
N/A
7.74
7.79
7.5
6.82
7.39
7.63
7.51
7.24
7.17
N/A
7.32
Selenium (Se)
0.290 mg/L
0.056 mg/L
0.036
0.013
<0.020
<:J.010
0.010
<0.010
Silver (Ag)
0.0022 mg/L
0.0003 mg/L
<0.010
<0.020
1
<0.010
<0.010
-.0.010
<0.010
Sulfate
500 mg/L
500 mg/L
26
132
179
60
90
38
501
51
92F
91
1461
<5
231
<51
53
37
Thallium (TI)
N/A
N/A
a.
<0.0'
<0.020
<0.010
<0.010
<0.010
TSS
100 mg/L
100 mg/L
4.9
16.5
4.2
791
236
254
7.81
13.21
211
24.5
191
11.4
8.5
5.51
22.81
<2.6
Zinc (Zn)
0.095 mg/L
0.126 mg/Li
0.071
2.12
0.564
4
20
6.3
0.079
1.29
0.36
0.397
0.453
0.079
0.087
0.079
0.283
0.051
*Below Detection Limit
Note: CPI measures analytical results against saltwater benchmarks. Freshwater benchamrks are provided to provide a refference for "NA" saltwater benchamrks.

ATTACHMENT D
CPI Southport SWPPP

Stormwater Pollution
Prevention Plan
Prepared for:
CPI USA North Carolina LLC
Southport Plant
1281 Powerhouse Road, SE
Southport, North Carolina 28461
Prepared by:
RTP Environmental Associates, Inc.
304-A West M i I I brook Road
Raleigh, North Carolina 27609
November 24, 2014

Southport Plant SWPP Plan
November 24, 2014
CERTIFICATION FOR THE STORMWATER POLLUTION PREVENTION PLAN
CERTIFICATION —Responsible Official
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 ensure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including e possibility of fine and imprisonment for knowing violations.
1
David Groves Date
Plant Manager
CERTIFICATION FOR THE SPILL PREVENTION AND RESPONSE PLAN
This Stormwater Pollution Prevention Plan serves as the Spill Prevention and Response
Plan for the CPI Southport facility. In accordance with the requirements on Page 3 of the
NPDES Permit NCS000348 to discharge stormwater from the Southport plant:
The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential
pollutant sources based on a materials inventory of the facility. Facility personnel (or the
team) responsible for implementing the SPRP shall be identified in a written list incorporated
into the SPRP and signed and dated by each individual acknowledging their responsibilities
for the plan.
The signed and dated listing of team members on the following page satisfies this
requirement.
ii

1-1 n
Leader: David Groves
Title: Plant Manager / Z
Office Telephone: [phone] (dat )
Co -Leader: Kevin Mixon
Title: Operations Manager. Zl1 t r
Office Telephone: [phone] (Signature) (date)
Responsibilities:
The Plan is implemented, maintained, and amended at the intervals required in the Plan.
Appropriate measures and controls (BMPs) are implemented and maintained.
Periodic inspections are conducted.
Corrective or follow-up actions are completed in a timely manner.
All spills are promptly reported and cleaned up.
Ensures employees are periodically trained on Pollution Prevention.
Member: Virginia Grace
Title: Senior Advisor, Environmental
Office Telephone: [phone] (signature) (date)
Responsibilities:
.Keeps the facility appraised of regulatory changes that require revisions to the Plan. .
Helps implement new requirements.
Assists in spill reporting.
Obtains approvals for disposal of spill cleanup materials.
Assists in developing training materials.
Member: Alan Morse
Title: Plant Chemist <24�4 4t—,, Z Z 2.
Office Telephone: [phone] (signature) (date)
Responsibilities:
Keeps the facility appraised of regulatory changes that require revisions to the Plan.
Helps implement new requirements.
Takes samples and submits stormwater reports.
Assists in spill reporting.
Obtains approvals for disposal of spill cleanup materials.
Assists in developing training materials.
Member: Craig Wilson
Title: Maintenance Manager 7" '
Office Telephone: [phone] re (date)
Responsibilities:
Keeps the facility appraised of regulatory changes that require revisions to the Plan.
Helps implement new requirements.
Assists in spill reporting.
Obtains approvals for disposal of spill cleanup materials.
Assists in developing training materials.
iii

ort Plant SWPP Plan
Title: Shift Leads
Control Room Telephone: ---
Assists in spill reporting.
All spills are promptly reported and cleaned up.
iv
November 24, 2014

ort Plant SWPP Plan
TABLE OF CONTENTS
November 24, 2014
1.0
GENERAL INFORMATION............................................................................................. 1
2.0
SITE PLAN......................................................................................................................... 5
2.1
General Location Map.................................................................................................... 5
2.2
Narrative Description of Potential Pollutant Sources ..................................................... 5
2.3
Site Drainage Map with Potentially Exposed Areas .....................................................
13
2.4
Spill/Leak History.........................................................................................................
15
2.5
Non-Stormwater Discharge Certification.....................................................................
15
2.5.1 Procedure for Conducting a Non -Storm Water Assessment .....................................
16
2.5.2 Authorized Non-Stormwater Discharges (NPDES Permit Part VL3.) .....................
17
3.0
STORMWATER MANAGEMENT PLAN.....................................................................
18
3.1
Feasibility Study...........................................................................................................
18
3.2
Secondary Containment Requirements and Records ....................................................
19
3.3
BMP Summary..............................................................................................................
19
4.0
SPILL PREVENTION AND RESPONSE PLAN............................................................
22
5.0
PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING PROGRAM....
24
6.0
EMPLOYEE TRAINING.................................................................................................
25
7.0
RESPONSIBLE PARTY..................................................................................................
26
8.0
PLAN AMENDMENT.....................................................................................................
27
9.0
FACILITY INSPECTION PROGRAM...........................................................................
28
10.0
IMPLEMENTATION.......................................................................................................
29
11.0
POLLUTION PREVENTION TEAM..............................................................................
30
12.0
ANALYTICAL MONITORING REQUIREMENTS......................................................
31
13.0
QUALITATIVE MONITORING REQUIREMENTS.....................................................
37
APPENDIX A - Pollution Prevention Team Member Roster
APPENDIX B1 - NON -STORM WATER DISCHARGE ASSESSMENT AND
CERTIFICATION
APPENDIX B2 - NON-STORMWATER DISCHARGE ASSESSMENT AND FAILURE TO
CERTIFY NOTIFICATION
APPENDIX C - Semi -Annual Visual Inspection Checklist
APPENDIX D - Annual Plan Review Checklist
APPENDIX E - Environmental Incident Report
APPENDIX F -
Release Response and Reporting Procedures
APPENDIX G
- Southport Plant Stormwater Discharge Permit
APPENDIX H
- SWPP Plan Review and Amendment Form
►"A

Southport Plant SWPP Plan November 24, 2014
LIST OF TABLES
Table 1-1. Southport Plant Drainage Data..................................................................................... 4
Table 2-1. Inventory of Materials Exposed to Precipitation........................................................ 13
Table 2-2. Emergency Telephone Notification Numbers............................................................ 23
LIST OF FIGURES
Figure 1-1. General Location Map for the Southport Plant............................................................ 2
Figure 1-2. Site Drainage Drawing Showing Locations of Potentially Exposed Materials ........... 3
vi

ort Plant SWPP Plan
1.0 GENERAL INFORMATION
November 24, 2014
This Stormwater Pollution Prevention Plan (SWPP Plan) is required by Part II, Section A of NPDES
Permit NCS000348 to discharge stormwater from the Southport plant. The permit may be found in
Appendix G. This plan identifies potential pollutant sources at the Southport plant that could cause
surface water or ground water pollution. These sources include production operations and the handling
and storage of significant materials at the plant. This plan contains the elements required by Part II
Section A of the permit for minimizing stormwater pollution, and includes a summary of qualitative
and quantitative monitoring requirements applicable to each stormwater outfall.
The plant is located on Powerhouse Road, in Southport, North Carolina. Figure 1-1 is a
general location map showing the Southport plant in relation to transportation routes and
surface waters. All of the plant's stormwater outfalls discharge into an unnamed, intermittent
stream which originates just south of the leased property, flows west, then turns north,
discharging from a culvert beneath the main rail line. This stream, which is the surface water
feature near the plant property and is within 100-feet of the leased property boundary, then
flows to the north, ultimately joining the Duke Energy Cooling Water Canal at a point north of
the plant. The plant's wastewater basin discharge is pumped through a pipeline which also
discharges into the Duke Energy Cooling Water Canal. Figure 1-1 also indicates the latitude
and longitude of each of the plant's stormwater outfalls.
Figure 1-2 is a site layout diagram of the Southport plant. The diagram indicates the leased
property boundary, the stormwater discharge outfalls, on -site and adjacent surface waters,
industrial activity areas, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each drainage area,
buildings, existing BMPs, and impervious surfaces. The percentage of each drainage area that
is impervious is shown in the table following Figure 1-2. Site topography is generally level
except for storage piles of coal, tire -derived fuel (TDF), wood chips, soil, and ash storage.
Figure 1-2 also includes current information about the receiving stream's status on the state's
303(d) list of impaired waters, whether the receiving stream is located in a watershed for
which a TMDL has been established, and what the parameters of concern are.

ort Plant SWPP Plan November 24, 2014
Duke Energy'-
Cooling Water Canal
v•
Facility Location its ' "— - %` • 4 . f
,,� .�. • .� ,-� '`�• f Southport -_
Plant
'! • " " Latitude: W 56' 41.6" N _
Longitude: 78° 0' 45.3" W ; a
t\, Outf 'Vo2. 003. and 00s,
(� ,i g$. - J �� latitude: 33° 56' 49.0" N i
Longitude: 780 0' 44.0" W
OutfaII5 004 and 406: °
Latitude: 5' 35.4" N
78 0 t
Longitude: 78° ' 35,7" W
North f •�,* _ ..
Scale (teet)
Figure 1-1. General Location Map for the Southport Plant
2

Southport Plant SWPP Plan
November 24, 2014
------------------------------------------------------------------------------------------
—
1
Limestone Limestone I
v y silo silo Stormwater Warehouse/ \ - Stormwater Wastewater
Trash Outfall No. 1 Maintenance ✓ y Wastewater Outfall No. 5 Treatment
Ash silo dumpsters Ash silo (001) Building Outfall 001 (005) Building
i
1
Pump House 1
' Drainage Area 5
R.O. Building TDIF Equipment and wire
Tank
i Storage Wastewater ► storage; totes of
Diesel Fuel Tank ► ' ®I ® ► Area Basin caustic and flocculant
► ❑ Drainage Area 1 ., '
E. F. P. Transformer 1 1 11
1
Gasoline and Drum ►
Storage Area ► `
1
Stormwater
1
Outfall No. 6 1
1
(006) ►
Unloading Bay ►
Demineralizer i L
Building
Neutralization Tank
Condensate
Storage Tank
►
►
I
1
1
1
1
<
1
1
Stormwater
Outfall No. 4
qre
(004) i
1
►
1
� 0
O
i •i
boo
i
1
1
►
► I �
1
1 �
Water I
Tank Drainage Area 7 Boiler
_, Building
Turbine
Building
1 1 1 1
r Yards Oil Trap P
--r •\• -� TT�iir rT�
I Switch Yard I
Truck Dumper 1
II Hydraulic Oil Tank
Truck Dumper 1
1 • •
1 • •
■1■ BELT CONVEYOR Z
.. •: ■ ..... Jr.
Drainage Area 2
1
1
1 Coal
a Storage
r n11 Area
i
�
Wood
Storage
Area
Sand Filter
A'*-
� North
I CO' a 100' 200`
SCALE: 1'=IOO' (Hariz.)
�y 0 Q ► i
Stormwater
Active ��_____ ___ Outfall No. 2
Coal Pile i (002)
1 �
Drainage rea 3
iStormwater
' Outfall No. 3
♦� • ��i (003)
piles of wood, ash, and soil
• •s : �� Rail Car Unloading Area
Truck Dumper 2 Hydraulic Oil Tank
Truck Dumper 2 Diesel Fuel Tank
Truck Dumper 2
LEGEND
Paved/Gravel Surface ••••••••• Conveyor
-------• Railroad Radial Stacker
-------• Drainage Area Boundary Stormwater Overland Flow
— • • — Leased Area Boundary — V-Ditch
Spill Cleanup Materials -------------- o Sand Filter Discharge
1111110. Stormwater Outfall
NOTE: All 13,123 Waters in INC are in Category 5-303(d) List for Mercury
due to statewide fish consumption advice for several fish species.
See table of Southport Plant Drainage Data on next page.
Figure 1-2. Site Drainage Drawing Showing Locations of Potentially Exposed Materials
3

Southport Plant SWPP Plan
November 24, 2014
Table 1-1.
Southport Plant Drainage Data
Total
Impervious
Contributing
Stormwater Drainage Area
Area
Percent
Drainage
Outfall
(acres)
(acres)
Impervious
Areas
No. 1 (001)
3.8
2.0
53%
DA1
No. 2 (002)
0.5
0.1
20%
DA6
No. 3 (003)
9.7
3.8
39%
DA3
No. 4 (004)
0.7
0.1
14%
DA4
No. 5 (005)
15.1
3.9
26% DAI, DA4, DA5, DA7
No. 6 (006)
0.8
0.8
100%
DA7
Flow to Wastewater Basin
5.4
2.4
44%
DA2
Note: Stormwater runoff from DAl, DA4, DA5, and DA7 all flows though
Stormwater Outfall No. 5 (005).
4

Southport Plant SWPP Plan
November 24, 2014
2.0 SITE PLAN
There are seven drainage areas and six stormwater outfalls at the Southport plant site. These
areas, delineated based on visual observations, review of available drawings, and discussions
with plant personnel, are shown in Figure 1-2.
2.1 General Location Map
The general location map for the Southport plant is presented in Figure 1-1.
2.2 Narrative Description of Potential Pollutant Sources
Drainage Area 1
Description of Area: Drainage Area 1 (DAI) includes
part of the power block portion of the Southport Plant.
Plant facilities located in DAI include: the Boiler and
Turbine Buildings with Conveyors and Conveyor
Towers, Baghouses and Exhaust Stacks, an Ash Silo and
ash unloading station, a Limestone Silo and limestone
unloading, Condensate Tank, and paved roads. The total
surface area of )A I is ±3.8 acres, of which ±2.0 acres are
impervious surfaces (i.e., buildings and roads). The area
of the two Transformer Yards are excluded from DAI, because stormwater from these yards
drains to the Oil Trap Pit and is then pumped to the Wastewater Basin.
Stormwater Facilities: The land in DAI drains to catch basins located along the road that
encircles the power block. The catch basins are connected via a buried storm sewer that exits
the site at Stormwater Outfall No. 1 (001) and enters a drainage canal. The drainage canal
discharges through Stormwater Outfall No. 5 (005) at the northwest corner of the leased
property, then flows through a culvert beneath the main rail line, continues north for about 0.5-
miles, and then discharges into the Duke Energy Cooling Water Canal.
Potential Pollution Source(s): The potential sources of storm water pollution in DAI are
discussed below:
1. Turbine Building and Boiler Building — Both of these buildings house equipment and
vessels (in the Oil Storage Room) which contain lubricating and hydraulic oils needed for
the steam turbines. This equipment has either conforming secondary containment or
diversion systems (to the Oil Trap Pit — which is in DA3) that provide conforming
secondary containment. Bulk transfer of oil products to the Oil Storage Room occurs via
truck inside the Building and any leaks/spills from the truck would flow to the floor drains
and then to the Wastewater Basin for treatment. The Building is fully enclosed and does
not present any potential for storm water pollution.
5

Southport Plant SWPP Plan
November 24, 2014
2. Conveyors and Conveyor Towers — Coal, wood and TDF occasionally falls from the
covered conveyors onto the ground beneath. The quantity of material that falls in this
manner is very small (on the order of <100 lbs/year), and the ground beneath the conveyor
is regularly policed to keep the area clean. These pieces have a small surface area to
volume ratio and therefore, a low potential to leach pollutants. Therefore, the potential
from storm water pollution from the Conveyors and Conveyor Towers is low.
3. Ash Silo (1) — An ash silo is located near the northwest corner of the Boiler Building.
Stormwater from the immediate vicinity of the ash silo is routed to the stormwater system.
The ash silo is equipped with an enclosed ash slurry system which makes a wet slurry
from the ash which is then loaded into trucks to minimize the generation of fugitive ash.
As such, the ash silo is a moderate risk as a source of stormwater pollution.
4. Limestone Silo (1) — A limestone silo is located near the ash silo. This is an enclosed
system which receives and delivers limestone via closed pneumatic systems. Limestone
can be pneumatically injected into the boilers via a closed piping system. Maintenance of
these systems will first involve system evacuation prior to opening to avoid releasing
limestone to grade. As such, the limestone silo is a moderate risk as a source of
stormwater pollution.
5. Condensate Tank — This tank contains demineralized water. As such, the potential for
storm water pollution from this tank is low.
6. Paved Roads — Currently, these roads only experience light traffic. As such, there is low
potential for storm water pollution from these sources.
Drainage Area 2
Description of Area: Drainage Area 2 (DA2) is in the
north -central portion of the Plant Site and has a drainage
area of ±5.4 acres. Plant facilities in DA2 include the
Coal Pile and Coal Storage Area, Wood Storage pad and
storage areas, Conveyors, Radial Stackers, TDF storage
area, the Wastewater Basin and Wastewater Treatment W
Building, and the Maintenance/Warehouse Building.'`
Additionally, both Transformer Yards are part of this
area, because stormwater from these yards flows to the Oil Trap Pit, and is then pumped to the
Wastewater Basin.
Stormwater Facilities: Except for the Transformer Yards, drainage within DA2 is routed to
the `V-ditch' the surrounds the Coal Pile and Coal Storage Area. Both the Transformer Yards
(via the Oil Trap Pit) and the `V-ditch' discharge stormwater into the Wastewater Basin for
treatment via pH adjustment and sedimentation. The Wastewater Basin discharges through
Wastewater Outfall 001 under NPDES Industrial Permit No. NC0065099.
6

Southport Plant SWPP Plan
November 24, 2014
Potential Pollution Source(s): Storm water pollution sources in DA2 include handling,
conveying, and storage of coal, wood chips, and tire derived fuel within the drainage area, and
any stormwater that contacts oil in the Oil Trap Pit. There is no potential for storm water
pollution from DA2 in the plant's stormwater-only outfalls, because all storm water runoff is
controlled and treated as an industrial wastewater before being discharged through
Wastewater Outfall 001.
Drainage Area 3
Description of Area: Drainage Area 3 (DA3) is located
in the eastern portion of the plant site and has a drainage
area of ±9.7 acres. Plant facilities in DA3 include portions
of the Cooling Towers, the Cooling Tower Chemical
Storage Areas, the Switch Yard, the Oil Trap Pit, the
Truck Dumpers, the Rail Car Unloading Area, the
Railroad Spur, and coal and wood unloading conveyors.
A sub -basin within DA3 drains to a sand filter. The
location of this filter is shown in Figure 1-2. The sand filter is designed to remove 85% of the
Total Suspended Solids from the sub -basin's stormwater before it is discharged to the northern
part of DA3. Excess stormwater collected in DA3 is discharged through
Stormwater Outfall No. 3 (003).
Stormwater Facilities: Stormwater runoff from the southern part of DA3 shown in the
sketch above, including the Truck Dumpers areas, either sinks into the ground, flows into the
sand filter, or, in the case of a very large storm, may flow along the railroad spurs in a
northwesterly direction and be discharged through Stormwater Outfall No. 3 (003).
Stormwater from the northern part of DA3 includes any stormwater that is discharged from
the sand filter, and either sinks into the ground or flows in a northwesterly direction and may
be discharged through Stormwater Outfall No. 3 (003).
Potential Pollution Source(s): The potential storm water pollution sources in DA3 are
discussed below:
1. Cooling Towers — Precipitation that falls directly on/into the cooling towers becomes an
industrial wastewater and does not enter the storm water system. Drift from the cooling
towers (flow magnitude of 5-gpm when the towers are operating) does occur and a portion
of the drift settles on the ground in the vicinity of the towers. The drift contains the
minerals naturally present in the cooling water make-up sources (i.e., groundwater and/or
potable municipal supply), and none of the cooling tower chemicals contain any of the 126
priority pollutants. Therefore, the potential for storm water pollution from the cooling
towers is low.
7

Southport Plant SWPP Plan
November 24, 2014
2. Cooling Tower Chemical Storage Areas — The chemical storage areas associated with the
cooling towers are equipped with conforming secondary containment with a dike valve
that is normally maintained in a closed and locked position. Rainwater that accumulates in
the containment areas is inspected as required by NPDES Stormwater Permit
NCS000348, Part II.A.2.(b) before it is released to the storm water system. The bulk
transfer of cooling tower chemicals occurs from tank trucks that are positioned in a
dedicated unloading area equipped with conforming secondary containment, with a dike
valve that is maintained in a closed position during unloading operations. Therefore, the
potential for storm water pollution from the Cooling Tower Chemical Storage Area is low.
3. Rail Car Unloading Area — A diesel fuel tank and a hydraulic fluid reservoir/system are
located within conforming secondary containment equipped with a dike valve that is
normally maintained in a closed and locked position. Rainwater that accumulates in the
containment area is inspected per the requirements of NPDES Storm water Permit
NCS000348, Part II.A.2.(b) before it is released to the storm water system. The bulk
transfer of diesel fuel occurs from tank trucks that are positioned in a dedicated unloading
area within the conforming secondary containment, with a dike valve that is maintained in
a closed position during unloading operations. Therefore, the potential for storm water
pollution from the Coal Unloading Area is low.
4. Coal Conveyors — Coal occasionally falls from the covered conveyor belt onto the ground
beneath. The quantity of coal that falls in this manner is small (on the order of 100
lbs/year) and, the ground beneath the conveyor is regularly policed to keep the area clean.
The coal pieces have a small surface area to volume ratio (i.e., minimal exposed coal) and
therefore, a low potential to leach pollutants. Therefore, the potential from storm water
pollution from the Coal Conveyors is low.
5. Truck Dumpers and Wood Conveyors — Wood chips falling from the Truck Dumper or
Wood Conveyors while the chips are transferred from the Truck Dumper to the Radial
Stacker represents a stormwater pollution risk. During all but the largest storm events,
stormwater contacting these activities either sinks into the ground, or flows into the sand
filter, which is designed to remove most of the incoming Total Suspended Solids.
Therefore, the potential from storm water pollution from this activity is low. Both Truck
Dumpers have Hydraulic Oil Tanks and a 300-gal Diesel Tanks„ all located within
conforming secondary containment and equipped with a dike valve normally maintained
in a closed and locked position. Rainwater that accumulates in the containment area is
inspected per the requirements of NPDES Storm water Permit NCS000348, Part II.A.2.(b)
before it is released.
6. Railroad Spur — Coal occasionally falls from the rail cars onto the ground beneath and
adjacent to the railroad spur. The quantity of coal that falls in this manner is small (on the
magnitude of several hundred pounds per year), and the railroad spur is regularly policed
to keep the area clean. The coal pieces have a small surface area to volume ratio (i.e.,
minimal exposed coal) and therefore, a low potential to leach pollutants. Therefore, the
potential for storm water pollution from the railroad spur is low.
7. Switch Yard and Oil Trap Pit — The Switch Yard, which is not a part of the leased
property, is not a source of stormwater pollution. The Oil Trap Pit is an uncovered oil -
water separator that may collect rainfall. Any rainfall that falls directly into the Oil Trap
Pit is pumped or otherwise conveyed to the Wastewater Basin for treatment and
subsequent discharge through Wastewater Outfall 001.
8

Southport Plant SWPP Plan
November 24, 2014
Drainage Area 4
Description of Area: Drainage Area 4 (DA4) has an
area of ±0.7 acres that is bounded by the southern
half of the cooling towers and a portion of the Plant's
entrance road. Plant facilities included in DA4 are the
southern half of the two cooling towers.
Stormwater Facilities: Storm water runoff from DA4 is
either by overland flow, or a shallow drainage swale, and
collects in a drainage catch basin on the northern side of
the entrance road immediately adjacent to Stormwater Outfall No. 4 (004). Runoff enters the
catch basin, traverses a culvert under the road and exits the Plant site via Outfall No. 4 (004).
After traversing the Outfall, runoff flows through a drainage canal parallel to and outside of
the plant's southern and western boundaries. The drainage canal discharges through
Stormwater Outfall No. 5 (005) at the northwest corner of the leased property, then flows
through a culvert beneath the main rail line, continues north for about 0.5-miles, and then
discharges into the Duke Energy Cooling Water Canal.
Potential Pollution Source(s): The sole potential pollution source is from the cooling towers.
Precipitation that falls directly on/into the cooling towers becomes an industrial wastewater
and does not enter the storm water system. Drift from the cooling towers (flow magnitude of
5-gpm when the towers are operating) does occur and a portion of the drift settles on the
ground in the vicinity of the towers. The drift contains the minerals naturally present in the
cooling water make-up sources (i.e., groundwater and/or potable municipal supply), and none
of the cooling tower chemicals contain any of the 126 priority pollutants. Therefore, the
potential for storm water pollution from the cooling towers is low.
Drainage Area 5
Description of Area: Drainage Area 5 (DA5) covers
±9.8 acres that include the plant site areas adjacent to the
southern and western plant boundaries. Most of DA5 is
impervious (±8.8 acres). Plant facilities within this
area include: the Demineralizer Building, the
Neutralization Tank, the Reverse Osmosis Building, the
Drum Storage Area, Water Tanks (for raw water storage),
trash dumpsters, and a portion of the paved entrance road.
Stormwater Facilities: Storm water in DA5 leaves the site exclusively by overland flow.
Runoff flows towards the plant's boundary where it flows into a drainage canal that is parallel
to and outside of the plant's southern and western boundaries. Sheet flow drainage from
grassy areas in DA5 are directed to 2 internal discharge points by a soil levee which drain into
the drainage canal that is parallel to and outside of the plant's southern and western
boundaries. Stormwater Outfalls No. 1 (001), No. 4 (004), and No. 6 (006) discharge into this
canal, upstream of Stormwater Outfall No. 5 (005).
7

Southport Plant SWPP Plan
November 24, 2014
Flow direction in the southern portion of the canal is towards the west and in the western
portion of the canal is to the north. The drainage canal discharges through Stormwater Outfall
No. 5 (005) at the northwest corner of the leased property, then flows through a culvert
beneath the main rail line, continues north for about 0.5-miles, and then discharges into the
Duke Energy Cooling Water Canal.
Potential Pollution Source(s): The potential storm water pollution sources in DA5 are
discussed below:
1. Demineralizer Building — the Demineralizer Building houses the bulk acid and caustic
tanks (5,400-gallons each) and the acid and caustic day tanks (100-gallons each). These
tanks have conforming secondary containment and are protected from precipitation
because they are located inside an enclosed building. Doorways to the building are
protected by concrete berms that ensure that any incidental drips/spills are also provided
with containment. There is no potential for storm water pollution from the Demineralizer
Building.
2. Neutralization Tank — the Neutralization Tank is an FRP process water tank that is
surrounded by a "U-shaped" concrete swale.
3. Reverse Osmosis Building - the chemicals that are stored in tanks in the Reverse Osmosis
(RO) Building are stored within secondary containment. The floor is sloped towards a
drain that discharges into the chemical sump from the Demineralizer Building. There is
no potential for storm water pollution from the RO Building.
4. Water Tanks - used for raw water storage. There is no potential for storm water pollution
from the Water Tanks.
5. Paved roads and trash dumpsters — there is minimal potential for storm water pollution
from these sources. Paved roads have minimal impact on stormwater pollution because all
trucks are required to be covered, tarped, or enclosed, which minimizes spillage. Only
debris free of oil is placed into the trash dumpsters.
Drainage Area 6
Description of Area: Drainage Area 6 (DA6) has an
area of ±0.5 acres, and drains a small area just to the north
of the Wastewater Basin, as shown in the sketch.
Stormwater Facilities: Storm water runoff from DA6 is
either by overland flow, or a shallow drainage swale, and
flows across the northern leased property boundary
through Stormwater Outfall No. 2 (002). Then, the runoff
flows through a culvert beneath the main rail line, continues
north for about 0.5-miles, and then discharges into the Duke Energy Cooling Water Canal.
10

Southport Plant SWPP Plan
November 24, 2014
Potential Pollution Source(s): Potential pollution sources are from the storage of new and
used equipment along the security fence, and from wastewater treatment chemical totes which
are equipped with secondary containment. The stored equipment is mainly between 50 and
150 spools of wire, as well as new and used equipment. Precipitation would contact the
equipment, spools, metal wire, and/or plastic composite insulation before running off.
Therefore, the potential for storm water pollution from this source is low.
Drainage Area 7
Description of Area: Drainage Area 7 (DA7) has an
area of ±0.8 acres, and drains a small area on the east
side of the Turbine Building, as shown in the sketch.
Stormwater Facilities: Storm water runoff from DA7 is
either by overland flow, or through drop inlets and a
system of underground sewers. It flows east and
discharges into the canal that discharges through
Stormwater Outfall No. 5 (005). Then, the runoff flows through a culvert beneath the main rail
line, continues north for about 0.5-miles, and then discharges into the Duke Energy Cooling
Water Canal.
Potential Pollution Source(s): Potential Pollution Source(s): The potential storm water
pollution sources in DA7 are discussed below:
1. Pump House — a 300-gallon Diesel Fuel Tank is located outside, between the Pump House
and the R.O. Building. The tank provides fuel for the Emergency Fire Water Pump
(powered by a diesel engine), which resides within the Pump House. The diesel tank is
located within conforming secondary containment equipped with a dike valve that is
normally maintained in a closed and locked position. Rainwater that accumulates in the
containment area is inspected per the requirements of NPDES Storm water Permit
NCS000348, Part II.A.2.(b) before it is released to the storm water system. Because the
fire pump engine is operated only during tests and emergencies, very little diesel fuel is
used, and the bulk transfer of diesel fuel into this tank occurs very infrequently. Fuel is
transferred from a tank truck using the procedures for unloading operations described in
the plant's SPCC Plan. Therefore, the potential for storm water pollution from the Pump
House is low.
2. Electric Fire Pump (EFP) Transformer — the EFP Transformer contains 125-gallons of
transformer oil and is located outside of the Pump House in a conforming secondary
containment structure. The containment structure is kept under administrative control and
accumulated rainwater is released only after inspection, per the requirements of NPDES
Storm water Permit NCS000348, Part II.A.2.(b). There is a low risk potential for storm
water pollution from the EFP Transformer.
11

Southport Plant SWPP Plan
November 24, 2014
3. Unloading Bay — the unloading bay is used to transfer chemicals stored in the
Demineralizer Building, and contains no materials that may potentially contaminate storm
water except during active transfer operations, which are performed using the procedures
for unloading operations described in the plant's SPCC Plan. This concrete pad drains to
the Demineralization sump which is then pumped to the Neutralization Tank, which can
drain to the Wastewater Basin. As such, there is a low risk potential for storm water
pollution from this Unloading Bay.
4. Gasoline and Drum Storage Area — this area is used to store a 30-gallon gasoline dispenser
or water treatment chemical drums. The area is equipped with a concrete berm and a
partial roof, and has conforming secondary containment equipped with a dike valve that is
normally maintained in a closed and locked position.
5. Conveyors and Conveyor Towers — Coal, wood and TDF occasionally falls from the
covered conveyors onto the ground beneath. The quantity of material that falls in this
manner is very small (on the order of <100 lbs/year), and the ground beneath the conveyor
is regularly policed to keep the area clean. These pieces have a small surface area to
volume ratio and therefore, a low potential to leach pollutants. Therefore, the potential
from storm water pollution from the Conveyors and Conveyor Towers is low.
6. Ash Silo (1) — An ash silo is located near Pump House near the corner of the Boiler
Building. Stormwater from the immediate vicinity of the ash silo is routed to the
stormwater system. The ash silo is equipped with an enclosed ash slurry system which
makes a wet slurry from the ash which is then loaded into trucks to minimize the
generation of fugitive ash. As such, the ash silo is a moderate risk as a source of
stormwater pollution.
7. Limestone Silo (1) — A limestone silo is located near the ash silo. This is an enclosed
system which receives and delivers limestone via closed pneumatic systems. Limestone
can be pneumatically injected into the boilers via a closed piping system. Maintenance of
these systems will first involve system evacuation prior to opening to avoid releasing
limestone to grade. As such, the limestone silo is a moderate risk as a source of
stormwater pollution.
8. Paved Roads — Currently, these roads only experience light traffic. As such, there is low
potential for storm water pollution from these sources.
Laydown Yard Areas
Many areas at the plant where extra material (mostly metal piping and wood) is stored are
called Laydown Yard Areas. The equipment and material stored in these areas are not under
cover or enclosed within a containment berm. However, the types of materials stored in these
areas are not amenable to erosion nor are they potentially significant sources of storm water
pollution.
12

Southport Plant SWPP Plan
November 24, 2014
2.3 Site Drainage Map with Potentially Exposed Areas
Figure 1-2 shows the Southport plant drainage map highlighting areas where potentially
exposed materials are present. Table 2-1 presents an inventory of materials exposed to
precipitation at the plant, and presents a summary of the potential stormwater pollution risks
from exposed materials.
Table 2-1. Inventory of Materials Exposed to Precipitation
Materials Management
Practice and Control
Stormwater
Location
x osed Material (Amount)_Measures
BMPs
Treatment
Al and DA7 - Ash Silos
Fly ash (indeterminate)
Good housekeeping BMPs, wet
None
and ash
slurry loading systems
loading stations
Al and DA7 - Limestone
Limestone
Sealed Silos, Blowers & Piping,
None
Silos & Blowers
remove limestone from equipment
prior to maintenance
Al and DA7 -
Coal, Wood, TDF
Good housekeeping BMPs
None
Conveyors and Conveyor
(de minimis)
Tower
Al and DA7 —PavedWood;
TDF; trash
Trucks covered, tarped, or
None
Roads
(indeterminate)
enclosed when not being loaded or
unloaded; roads swept
A2 - Transformer
Transformer oil (2 at 9,750-gal
Gravity discharge to Oil Trap Pit;
None
Yards
and 2 at 1,090-gal capacity)
pumped to Wastewater Basin
A2 - Coal Storage
Coal (>1,000 tons)
Discharge to Wastewater Basin
None
A2 — Storage and
Wood chips (indeterminate)
Discharge to Wastewater Basin
None
conveying of wood
A2 — TDF Fuel Storage
Tire Chips ( 500+ tons
Discharge to Wastewater Basin
None
Pad
A3 - Cooling Towers
None
None
Runoff from this area of
he cooling towers is
treated in sand filter
A3 - Cooling Tower
Proprietary chemicals (1,000-
Containment
Sand filter
Chemical Storage Areas
gal)
A3 — Paved and gravel
Wood chips; TDF;
Hydraulic Oil Tank - Partial roof
Sand filter, Hyd. Oil
roads, Truck Dumper 1,
Hydraulic Oil Tank (700-gal
and conforming secondary
Tank containment is
wood unloading
capacity)
containment; paved roads swept
drained to Oil Trap Pit
conveyors
A3 - Truck Dumper 2
Wood chips; TDF;
Hydraulic Oil Tank and Diesel
None
Hydraulic Oil Tank (320-gal
fuel tank - Conforming secondary
capacity); Diesel fuel tank
containment
(300-gallon capacity)
13

Southport Plant SWPP Plan
November 24, 2014
Table 2-1. Inventory of Materials Exposed to Precipitation
Materials Management
Practice and Control
Stormwater
Location
x osed Material (Amount)
Measures BMPs)
Treatment
A3 - Rail Car Unloading
Coal (indeterminate); Diesel
Coal unloading - covered with
None
Area
fuel tank (1,000-gallon
roof Fuel tank and hydraulic fluid
capacity); hydraulic fluid
reservoir - equipped with
reservoir (30 gallon capacity)
conforming secondary
containment
A3 — near Coal Conveyor
Coal (de minimis)
Good housekeeping BMPs for area
None
and Railroad Spur
beneath conveyor and around
railroad spur
A3 — Switch Yard
Sulfur hexafluoride — gas
None
Sand filter
DA3 - Oil Trap Pit
Typically none (12,160-gal
Pumped to Wastewater Basin
None
capacity)
A4 - Cooling Towers
None
None
None
A5 - Condensate Storage
None
None
None
Tank
A5 - Demineralizer
None
None
None
Building
A5 — Neutralization
None
None
None
Tank
A5 — Pump House
Diesel fuel tank (300-gallon
Conforming secondary containment
None
capacity)
A5 — Reverse Osmosis
None
None
None
Building
A5 — Water Tanks (used
None
None
None
for raw water storage)
A5 — Paved roads andWood;
TDF; trash
Trucks covered, tarped, or
None
ash dumpsters
(indeterminate)
enclosed when not being loaded or
loaded; roads swept
A6
New and used equipment
None
None
storage outside
A7 — Electric Fire
Transformer oil (125-gallon
Conforming secondary
None
ump Transformer
capacity)
containment
14

Southport Plant SWPP Plan
November 24, 2014
Table 2-1. Inventory of Materials Exposed to Precipitation
Materials Management
Practice and Control
Stormwater
Location
x osed Material (AmountMeasures
BMPs)
Treatment
A7 - Unloading Bay (at
None
Containment with discharge to
None
emineralizer Building)
Demineralizer bldg. sump which
pumps to Neutralization tank,
which can then flow to
Wastewater Basin
A7 — Drum Storage
Miscellaneous drums
[same as above]
None
Area
(indeterminate)
aydown Yard Areas
Extra material — mostly metal
None
None
iping and wood
2.4 Spill/Leak History
There have been no significant spills (i.e., spills that have exceeded their reportable quantities) that
have occurred at the facility during the 3 years prior to the date of this plan.
2.5 Non-Stormwater Discharge Certification
Plant personnel will evaluate storm water outfalls for the presence of unauthorized non -storm water
discharges, such as process wastewater, non -contact cooling water, vehicle wash water, or sanitary
wastewater. (Authorized non -storm water discharges are discussed in Section 2.5.2, below.) This
evaluation will consist of an annual visual inspection of all stormwater outfalls during periods of dry
weather. If more information is necessary to fully evaluate the potential for non -storm water
discharges, a plant schematic or sewer map will be reviewed to determine whether unauthorized non -
storm water discharges might be entering the on -site storm sewer system. The forms in Appendices
B 1 and 132 should be completed annually.
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Southport Plant SWPP Plan
November 24, 2014
2.5.1 Procedure for Conducting a Non -Storm Water Assessment
This procedure applies to all six (6) Stormwater Outfalls (see Figure 1-2).
During times of no precipitation, observe each applicable storm water outfall on three separate
occasions — The most practical method for detecting the presence of non -storm water sources in a
storm water collection system is to observe all applicable storm water outfalls during times of no
precipitation. As guidance, "times of no precipitation" can be defined as a dry day preceded by at least
72 hours of no measurable rainfall events (<O.1 inch). The observations should be done on three (3)
separate days. As a rule, the outfall should be dry. However, drainage of a particular rain event can
continue for three days or more after the rain has stopped. In addition, infiltration of ground water into
the storm water collection system is also common. To be sure about the source of any flow during dry
weather, use of dye testing or an equivalent method may be necessary.
Record each observation of each applicable storm water outfall on Appendix B-1, and
include a notation for any non -storm water discharges identified.
2. The source of any observed non -storm water discharges must be determined and
identified Appendix 13-1. When completed, for each outfall assessed, Appendix 13-1
should have one entry for each of the three observations, for a total of three entries per
outfall.
Sign and date the certification — The certification at the bottom is required by the
Storm Water General Permit. The signature indicates that each outfall has been
evaluated for the presence of non -storm water discharges and that results indicated on
the form are accurate.
4. After making a copy, insert the completed original into the Storm Water Pollution
Prevention Plan, and send the copy to the Senior Advisor, Environmental.
Complete Appendix B2 only if an outfall discharge cannot be observed. Contact the
Senior Advisor, Environmental immediately if this situation exists.
A non -storm water assessment may not be feasible if the facility does not have access to an outfall,
manhole, or other point of access to the storm water drainage system. In such cases, Appendix B2
should be completed indicating why the certification was not feasible. Please contact the Senior
Advisor, Environmental immediately if you cannot observe an outfall. The Senior Advisor,
Environmental is responsible for making this notification.
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Southport Plant SWPP Plan
November 24, 2014
2.5.2 Authorized Non-Stormwater Discharges (NPDES Permit Part VI.3.)
Stormwater Permit NCS000348 allows all other discharges that are authorized by a non-stormwater
NPDES permit to enter a stormwater conveyance. Stormwater Permit NCS000348 prohibits from
stormwater conveyances all non -storm water discharges, except for discharges of. uncontaminated
groundwater, foundation drains, air -conditioner condensate without added chemicals, springs,
discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing
drains, flows from riparian habitats and wetlands, and discharges resulting from fire -fighting or fire-
fighting training.
17

Southport Plant SWPP Plan
November 24, 2014
3.0 STORMWATER MANAGEMENT PLAN
3.1 Feasibility Study
The purpose of the Feasibility Study is to determine the technical and economic feasibility of
preventing stormwater exposure at any plant facility that stores, handles, or manufactures a material
that poses a stormwater pollution risk. The Southport plant currently has diverted runoff from several
areas (e.g., coal pile, transformer yards, wood and TDF storage areas) to the Wastewater Basin for
treatment prior to discharge through the industrial NPDES outfall. The following paragraphs present
the evaluations for all Plant Drainage Areas (DAs) that have materials exposed to precipitation events:
DA1 and DA7
The areas surrounding the Ash Silos, Limestone Silos, and beneath the Conveyors and
Conveyor Towers can occasionally have ash or coal end up on the land surface. The silo
system is sealed, and the limestone is removed from the equipment prior to maintenance. The
volume of material thusly deposited is small and the potential for stormwater pollution from
these materials is low because coal and ash have low solubility in water. The very low
stormwater pollution risk from the Limestone Silos makes treatment of the stormwater
unnecessary — other than by the existing Good Housekeeping BMPs. Because the fly ash is
slurried before being loaded into trucks, there is minimal fly ash in the stormwater. Diesel
fuel loading into the tank behind the Pump House is rarely performed and, as noted in the
unloading procedures listed in the plant's SPCC Plan, fuel transfer operations are not
permitted during rainfall events. The EFP Transformer and Gasoline and Drum Storage Area
have conforming secondary containment, and drainage from the Unloading Bay drains to the
Demineralization sump which is then pumped to the Neutralization Tank, which can drain to
the Wastewater Basin. As such, there is a low risk potential for storm water pollution from this
Unloading Bay. Paved roads in DA 1 and DA7 have minimal impact on stormwater pollution
because all trucks are required to be covered, tarped, or enclosed when they are not being
loaded or unloaded, which minimizes spillage during transport.
DA2
Stormwater runoff from DA2 is routed to, and treated in the Industrial NPDES wastewater
system.
DA3
The Cooling Towers, the Cooling Tower Chemical Storage Areas, and the Oil Trap Pit have
no "uncontrolled" exposure of materials to stormwater and therefore do not present a
significant risk for stormwater pollution. Any stormwater that may be exposed to materials is
retained within containment and released only in accordance with the procedures detailed in
40 CFR 112.8(c)(3). Except during very large storms, runoff from the Truck Dumpers and
wood unloading conveyors is treated in the sand filter to remove TSS. The Truck Dumpers'
Hydraulic Oil Tanks have conforming secondary containment. Coal cars that may
temporarily sit on the rail spur do not represent a significant stormwater pollution source.
18

Southport Plant SWPP Plan November 24, 2014
Diesel fuel tanks and the hydraulic fluid reservoir in the Rail Car Unloading Area have
conforming secondary containment.
DA4
The Cooling Towers have no "uncontrolled" exposure of materials to stormwater and
therefore do not present a significant risk for stormwater pollution.
DA5
The Demineralizer Building, Neutralization Tank, Reverse Osmosis Building, and Water
Tanks have no "uncontrolled" exposure of materials to stormwater and therefore do not
present a significant risk for stormwater pollution. Paved roads in DA5 have minimal impact
on stormwater pollution because all trucks are required to be covered, tarped, or enclosed
when they are not being loaded or unloaded, which minimizes spillage during transport. Only
non -oily debris will be stored in the he trash dumpsters located in DA5.
3.2 Secondary Containment Requirements and Records
Secondary containment is required for: bulk storage of liquid materials; storage in any amount of
Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and
spills from contaminating stormwater runoff. Table 2-1 lists all such tanks and stored materials and
their associated secondary containment areas. If the secondary containment devices are connected
directly to stormwater conveyance systems, the connection shall be controlled by manually activated
valves or other similar devices (which shall be secured closed with a locking mechanism), and any
stormwater that accumulates in the containment area shall be at a minimum visually observed for
color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material
stored within the containment area.
3.3 BMP Summary
Table 2-1, above, provides a list of the BMPs used at the Southport plant.
Potentially exposed materials at the Southport plant include coal, wood chips, tire derived fuel (TDF),
petroleum products stored in existing ASTs, water and wastewater treatment chemicals, limestone,
and ash.
Coal for the boiler plant is stored outside in the coal pile and coal pile runoff is treated in the low
volume wastewater system prior to discharge (i.e., it is not drained to the stormwater system). Coal is
brought in by rail at the north end of the plant and unloaded through the coal chute and transported via
conveyor belt to the coal pile. The risk of coal dust entering the storm water via fugitive dust exists
and to minimize that risk, coal unloading BMPs are used and, because the drainage adjacent to the rail
bed is through vegetative buffers, the quantity of coal reaching the receiving water is minimal. Water
is sprayed onto the coal, as needed, as it is unloaded from the rail cars in one of the coal unloading
19

Southport Plant SWPP Plan November 24, 2014
BMPs. Also, coal dust from the edges of the chute where coal is deposited is swept up daily after
unloading operations. These BMPs minimize fugitive dust transport.
The risk of the petroleum products entering the storm system is low due to the use of secondary
containment that conforms to 40 CFR 112.8(c)(2) and non-structural controls (e.g., routine
inspections) to prevent spills. Used oil is stored in a 300-gallon aboveground storage tank (AST)
located at inside the Boiler Building's Oil Storage Room, with full volume secondary containment.
Diesel is stored in a 300-gallon AST outside the Pump House, in a 1,000-gallon AST located within
the Rail Car Unloading Area, and in a 300-gallon AST near Truck Dumper 2, all equipped with full
volume secondary containment. Gasoline is stored in a 30-gallon dispenser located in the Gasoline
and Drum Storage Area which is also equipped with full volume secondary containment. Small tanks
of turbine lube oil and hydraulic oil are located on the site, as well as transformers containing oil. Any
spillage from these tanks and transformers would normally be contained by full volume secondary
containment.
Chemical storage and usage is limited to the Wastewater Basin (drums and totes containing chemicals
are stored outside, equipped with full volume secondary containment), the Demineralizer Building
area, the R.O. Building area, and the Cooling Tower Chemical Storage Area. The several chemical
storage units in the Demineralizer Building are all equipped with secondary containment and, any
spills are routed to the Neutralization Tank and then the Wastewater Basin for treatment. Spill cleanup
materials are located inside the Warehouse and the R.O. Building. There is a dedicated Unloading Bay
at the Demineralizer Building. Most of the chemicals used in the R.O. Building are stored within
secondary containment or on a chemical skid on the floor in the building. The floor is sloping towards
a drain that discharges into the chemical sump from the Demineralizer Building. A temporary tank
designed to store bleach for treating well water is located within full volume containment just outside
the R.O. Building. Chemicals stored in the Cooling Tower Chemical Storage Area are equipped with
full volume secondary containment.
The risk of ash or ash residue entering the storm system is low due to the use of dikes and controls (i.e.
Dustmaster). When a truck is loaded with ash, a slurry system is used to minimize fugitive ash and
spillage. The risk of the petroleum products entering the storm system is low due to the use of
secondary containment that conforms to 40 CFR 112.8(c)(2) and non-structural controls (e.g., routine
inspections) to prevent spills.
The risk of limestone entering the storm system is low due to the use of structural and non-structural
controls (i.e. the limestone silo and its blowers and piping are sealed, and limestone is removed from
equipment prior to maintenance). Limestone is pneumatically conveyed in closed lines. Any spills of
limestone will be promptly cleaned up.
Wood chips and TDF may spill from trucks on paved or gravel roads, the truck dumpers, conveyors,
and radial stacker. The risk of these materials contaminating stormwater is low because accumulated
stormwater flows through a sand filter to remove TSS from the water before it is discharged off -site.
The sand filter is covered by a Sand Filter Operation and Maintenance Agreement which is
incorporated into State Stormwater Management Permit No. SWS 090511. That permit was issued on
20

Southport Plant SWPP Plan
November 24, 2014
7-19-2013. Trucks are covered, tarped, or enclosed when not being loaded or unloaded, and paved
roads are swept periodically. Spilled materials are promptly cleaned up.
21

Southport Plant SWPP Plan November 24, 2014
4.0 SPILL PREVENTION AND RESPONSE PLAN
Areas of the facility where potential spills can occur that may contribute pollutants to storm water
discharges and their accompanying drainage points are identified on Figure 1-2 (Site Drainage
Drawing Showing Locations of Potentially Exposed Materials) and Table 2-1 (Inventory of Exposed
Materials). Southport personnel have eliminated many sources by storing and using most materials,
and conducting most activities, inside or under a roof. The Southport plant has a Spill Prevention,
Control, & Countermeasures (SPCC) Plan which addresses oil spill prevention. Spill response
procedures are contained in Appendix F to this Plan. Trained personnel and appropriate materials are
available at the plant site to respond to minor spills. For any spills which enter the storm drain, or are
estimated to be beyond the plant's ability to contain and remediate, a contractor would be notified to
assist.
The information in the following paragraphs regarding spill planning is provided as reference for
Southport plant personnel.
Spill cleanup materials are maintained within the plant's Warehouse and in the R.O. Building (see
Figure 1-2 for the locations of the spill cleanup materials). These locations are inspected semi-
annually and replenished as needed. The materials typically include absorbent sheets, pillows, and
booms, as appropriate. In addition, an adsorbent material such as oil -dry or vermiculite is available at
all times.
In the event of a spill, Southport personnel follow the release response and reporting procedures in
Appendix F. Outside assistance for cleanup may be required. Recovered oily materials will be
disposed of in accordance with North Carolina and EPA regulations. Table 2-2 contains emergency
telephone notification numbers, including the number for the plant's emergency response contractor.
22

Southport Plant SWPP Plan
November 24, 2014
Table 2-2. Emergency Telephone Notification Numbers
City Emergency Services Coordinator
911
City of Southport Fire Department
North Carolina Department of Environment and Natural Resources
1-800-858-0368
Emergency Operations Center
National Response Center
1-800-424-8802
National Response Center
North Carolina Emergency Response Commission
[phone]
Emergency Management
Brunswick County Emergency Services - Emergency Management Division
911
Emergency Management
[phone]
Emergency Response Contractor
Moran Environmental Recovery
262 Battleship Road
[phone]
Wilmington, NC 28401
(John Mote [e-mail])
Emergency Response Contractor (back-up)
SR&R
1-800-310-6757 (24-hr)
Wilmington, NC 28402
Cell # [phone]
(James P. Shannon, PE [e-mail])
Police Department
911
City of Southport Police Department
Fire Department
911
City of Southport Fire Department
State Police
911
North Carolina State Police
23

Southport Plant SWPP Plan
November 24, 2014
5.0 PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING PROGRAM
Southport plant personnel regularly maintain and keep in a clean, orderly manner, areas which may
contribute pollutants to storm water discharges. Good housekeeping procedures implemented at the
facility include the following:
Perform general weekly inspections of facility and equipment areas to maintain a safe
and trash free environment. Sweeping of paved areas is performed as needed.
2. Routinely inspect exposed plant equipment for leaks or conditions that could lead to
discharges of chemicals or petroleum products.
Proper inventory control procedures to insure that stored chemicals and petroleum
products are maintained at the minimum level necessary.
4. Proper material storage practices to ensure that materials are stored in containers
adequate for the locations, such that corrosion and deterioration of the containers is
minimized. This includes proper labeling of all containers and maintenance of MSDS
on materials stored.
The preventive maintenance program for the facility includes conducting semi-annual inspections and
performing any required maintenance on the storm water management devices, equipment, and
systems to prevent the discharge of pollutants to surface waters. In addition, bulk storage tanks,
transformers, and heavy equipment are inspected on a semi-annual basis. Records of the semi-annual
inspections are kept at the plant by the Senior Advisor, Environmental.
24

Southport Plant SWPP Plan November 24, 2014
6.0 EMPLOYEE TRAINING
Qualified plant personnel conduct annual training programs for employees responsible for any aspect
of storm water management, including those individuals responsible for implementing activities
identified in this Plan. This training will inform responsible personnel of the components and goals of
this Plan and will address topics related to storm water management, such as:
1. Good housekeeping;
2. Spill prevention and response; and
3. Material handling and storage practices.
In addition, each member of the plant's Pollution Prevention Team will undergo initial training on the
Plan prior to implementation. If a member joins the Team after the Plan has been implemented, they
will be trained prior to becoming listed in the Plan as a Team member. Where possible, employee
training under the Plan can be conducted in conjunction with training under other regulatory programs
(e.g, SPCC Plan training). Currently, Plan training is conducted at least annually through the safety
meeting program. Employees attending Plan training will sign an attendance roster. A manager and/or
section leader will follow up with employees who were not in attendance at the Plan training. Records
of the training programs will be maintained on file at the plant by the Senior Advisor, Environmental.
25

Southport Plant SWPP Plan
November 24, 2014
7.0 RESPONSIBLE PARTY
The Plant Manager is the responsible party for the Southport Plant. See Page ii, above, for the Plant
Manager's signed certification of this Stormwater Pollution Prevention and Stormwater Management
Plan.
26

Southport Plant SWPP Plan
November 24, 2014
8.0 PLAN AMENDMENT
Southport staff will amend this Plan whenever there is a change in design, construction, operation, or
maintenance which has a significant effect on the potential for the discharge of pollutants to surface
waters. All aspects of this Plan will be reviewed and updated on an annual basis. The annual update
will include an updated list of significant spills or leaks of pollutants for the previous three years, or
the notation that no spills have occurred. The annual update will include re -certification that the
stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual
update will include a re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of
the Stormwater Management Plan. Appendix D contains the annual update checklist.
27

Southport Plant SWPP Plan November 24, 2014
9.0 FACILITY INSPECTION PROGRAM
This Plan requires semi-annual visual inspections, as discussed below. The permit contains a
requirement to conduct inspections on at least a semi-annual basis, in Part II.A.8 of NPDES
Stormwater Permit NCS000348:
Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part
of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-
annual schedule, once during the first half of the year (January to June), and once during the
second half (July to December), with at least 60 days separating inspection dates (unless
performed more frequently than semi-annually). These facility inspections are different from,
and in addition to, the stormwater discharge characteristic monitoring required in Part II B,
C and D of this permit.
To ensure compliance is maintained, qualified plant personnel will conduct a semi-annual visual
inspection of storm water management devices and facility equipment and systems that could
contribute to storm water pollution if they break down or otherwise fail. The semi-annual visual
inspections will also include inspections of all other areas identified in Figure 1-2 and Table 2-1 that
contain potential storm water pollutants (e.g., loading/unloading areas, fuel piles and conveyors, and
oil storage areas). As specified in the permit, an inspection will be conducted at least once during the
first half of the year (January to June), and at least once during the second half (July to December).
Semi-annual inspections will also be performed on oil and chemical bulk storage tanks. The Visual
Inspection Checklist (Appendix C) will be used in conducting these inspections, and the completed
checklists will be maintained by the Senior Advisor, Environmental. In addition, significant spills or
leaks discovered during the visual inspection will be noted in Appendix E of this Plan. Visual
inspections are a constant part of the preventive maintenance program at the Southport plant. Work
orders are generated on a daily basis and are the responsibility of the supervisor of the department
under which the work order falls.
28

Southport Plant SWPP Plan
November 24, 2014
10.0 IMPLEMENTATION
Records required by NPDES Stormwater Permit NCS000348 are incorporated into this Plan. The
following is a list of records maintained and their location:
Non -Storm Water Discharge and Assessment and Certification - Appendix B 1
Non -Storm Water Discharge and Assessment and Failure to Certify Notification -
Appendix B2
Semi -Annual Visual Inspection Checklist - Appendix C
Annual Plan Review Checklist - Appendix D
Environmental Incident Report - Appendix E
These records, including records of training and supporting documentation, will be kept on file by the
Senior Advisor, Environmental. Records will be maintained for a minimum of five years.
29

Southport Plant SWPP Plan
November 24, 2014
11.0 POLLUTION PREVENTION TEAM
Appendix A identifies individuals within the facility organization who have been designated as
members of the facility Pollution Prevention Team. Team members are responsible for implementing
and maintaining this Plan.
The number of members on the team will vary depending on the size of the facility. As a standardized
approach, the Plant Manager and the Senior Advisor, Environmental assigned to the facility are core
members of the team and are listed in Appendix A. The Plant Manager is encouraged to assign
additional site members to the team as part of their employee involvement initiative. Additional
Pollution Prevention Team members and their responsibilities are listed in Appendix A.
The Plant Manager is ultimately responsible for the implementation of this Plan. The Plant Manager is
accountable for the prevention of spills and leaks that could adversely impact surface water or ground
water. The Plant Manager is responsible for ensuring that:
1. The Plan is implemented, maintained, and amended at the intervals required in the Plan;
2. Appropriate measures and controls (BMP's) are implemented and maintained;
3. Periodic inspections are conducted;
4. Corrective or follow-up actions are completed in a timely manner;
5. All spills are promptly reported and cleaned up; and
6. Employees are periodically trained on Pollution Prevention.
30

Southport Plant SWPP Plan
November 24, 2014
12.0 ANALYTICAL MONITORING REQUIREMENTS
Permit No. NCS000348 contains analytical monitoring requirements that apply to each stormwater
outfall at the plant. Stormwater sampling is required to be conducted at each outfall twice per year,
during representative storm events. These requirements, excerpted from the permit, are shown on the
following 5 pages.
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Southport Plant SWPP Plan
November 24, 2014
SECTION B. ANALYTICAL MONITORING REQUIREMENTS
Pennit No. NCS00348
Analytical monitoring of stun nwater discharges shall be performed as specifi cd in Table 1. All
analytical monitoring shall be perfunned during a representative storm event. The required
monitoring will result in a tninimurn often analytical samplings being conducted over the terns of
the permit at each stonnwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 4.1 inches of nainfall. The
time between this storm event and the previous storm event measuring greater than 0.1 inches must be at
least 72 hours. A single storm event may have a period of no precipitation of tip to 14 hours. For
example, Wit rains but stops before producing any collectable discharge, a sample may be collected if the.
next rain producing a dischar a begins within 10 hours.
Table L Analytical Mon toring Re ulrements
Discharge
Characteristics
Units
Measurement
Fre uencvl
Sample
Tv e2
Sample
Location3
40 CFR Part 423 Appendix A:
13 Priority Pollutant Metals
(Ag, As, Be, Cd, Cr, Cu, Hg,
Ni, Pb, Sb, Se, TI, Zn) a
seani-annual
Crab
SDO
Al
PWI
semi-annual
Grab
SDQ
B
40
semi-annual
Grab
SDO
COD
toWl
semi-annual
Grab
SDO
TSS
ni t
senii-annual
Grab
SDO
Sulfate
to Il
sctiti-annual
Gab
SDO
Oil and Grease (O&G)
to 'i
semi-annual
Grab
SDO
H
sttndard
semi-atuttril
Crab
SDO
Total Rainfall$
inches
setxti-annual
Rain Pause
-
Footnotes:
1 Measurement Nequrmy: Twice per year during a representative: storm event, for each year until either another
permit is issued for this facility or until this permit i.5 revoked or rescinded. if at the end of this permitting cycle
the pernittee has sttbmitW the appropriate paperwork for a renewal permit before the submittal deadline, the
permittne will be considered for a renewal application The applicant must continue semi-annual monitoring until
die renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the storrawater rtutoi?f is controlled by a stotmwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Locatiow Samples shall be collected at each stotrnwatcr discharge outfatl ($DO) unless representative.
outfall status has bem granted.
4 Mercury shall be analyzed by EPA Low-level detection method 1631E This raethod also requirra a field blank
be analyzed. A benchmark does not apply; however. values above 0.012 po should be noted on annual SDO
DMR reports to the Regional Office.
Part lI Page 5 of 11
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Southport Plant SWPP Plan
November 24, 2014
Permit No, NCS00348
For each sampled tepr atatice Storm event the to taI precipitation must be recorded. An on -site rapt gauge or
local rain gauge reading must be recorded.
The pen-pittee shall complete the ininimurn tern analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate each sample date
unless monthly monitoring has been instituted under a Tier Two response.
Table 2. Monitor in Schedule
Monitoring period '
Sample Number
Start
End
Year I — Period l
l
May 1, 2010
October 31, 2010
Year 1 — Period 2
2
November 1, 2010
April 30, 201 t
Year 2 —Period l
3
May 1, 2011
October 31, 2011
Year 2 — Period 2
4
Noven lier 1, 2011
April 30, 2012
Year 3 — Period 1
S
hlux. 1 'sit -
October 31, 2012
Year 3 — Period 2
6
November 1, 2012
Aril 10, 2013
Year 4 — Period 1
7
May 1, 2013
October 31, 2013
Year 4 — Period 2
S
November 1, 2013
Apr 1130. 2014
Year 5 — Period 1
9
May 1, 2014
October 31, 2014
Year S —Period 2
10
November 1, 2014
April 30, 2015
Footnotes-
1 Ndaintaitt semi-azutu.al MoniRiring dLLH1jZ Permit rCnewal process. The applicant nsust continue semi-annual
monitoring ►tntil the re=ved permir is issued.
2 If no discharge ooculs during the sausp[.ing period, the pennittee must submit a monitoring report indicating, "No
Floiv" within 30 days ofthe end oftlte six -manor sampling period.
The pennittee shall report the analytical results from the first sample with valid tvsults within the
monitoring period. In addition, a separate signed Annual Summary DMR copy shall be
submitted to the local DWQ Regional Office (RO) by'Warch t of each year. The pemtittee
shall eorripare monitoring results to the benclunark value-, in Table 3. The benchmark values in
`fable 3 are not perridt limits but should be used as guidelines for the permittee's Stortnwater
Pollution Prevention Plan (SPPP). Exceedences ofbenchmarL values require the permittee to
increase monitoring, increase management actions, increase record keeping, andlor install
stormwater Best Management Practices (BMPs) in a tiered progranin See below the descriptions
of Tier One and Tier Two.
Part H Page 6 of 1 I
33

Southport Plant SWPP Plan
November 24, 2014
Table 3. Benchmark Values for Analvtical Monitorine
Permit No. NCS00343
Discharge Characteristics
Units
Benchmark
Aluminum
Mg11
N/A
Antimony
MO
NIA
Arsenic
Beryllium
m 1
NIA'
Boron
tttgll
NIA
Cadmium
Chromium
i
Copper
Dead
w—
dvlemury
1194
NIA
Nickel
a.i''. i
seietlrwtt
p-p.
Silver
Thallium
Me
NIA
Zinc
COD
itigll
120
TSS ,
Mg/1
100
Sulfate
mgl'i
500
pH (seefiootnore 2)
Fc=Qt
I No salmater data available to calculate a bearclia=k
2 If pH values outside this range are recorded in sampled storarWMT discharge>, but Mrnbieul rainrarlI data
lndifiate precipitation pH levels are will►in ± 0.1 standard units of the rneasured discharge values or
lower, Own the lower threshold of thus bencluriark range aoc-s nar apply. Readings fmm an on -site or 10®rail rain
gauge (or local precipitation data) nrust be documented to deiuonstrate background concentrations were below
the benclumrR pU range.
Part iI Page 7 of I I
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Southport Plant SWPP Plan
November 24, 2014
Pemit Me. NCS00348
I If: The first valid sampling results are above a benchmarl; value, or outside of the benchmark
for anv parameter at
Theft. The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results,
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific; source controls, operational controls, or phy'gical
improvetnents to reduce concentrations of the parameters of concern, or to bring
concentrations to within the benchmark- range.
4. Implement the selected actions within two months of the inspection,
7. Record each instance of a Tier One response in the Storunwater Pollution Prevention Platt.
Include the date and value of the bench nark exceedence, the inspection date, the personnel
conducting the inspection, the selected actions, and the date the selected actions were
implemented.
Two
If: During the term of this pertnit, the first valid sampling re::ults from hvo consecutive
monitoring periods are above the benclunark- values. or outsidc of the benclurtark range, for any
Celtic pal-alueter at a soectflc
Then: Tile permittee shall:
l . Repeat all the required actions outlined above in Tier One.
2. iomnediately institute monthly monitoring for all parameters (except mercury) at every
outiall where a sampling result exceeded the benclunark value for two consecutive sjmples.
NIonth ly (analytical and qualitative) monitoring shall continue until three consecutive
sample results are below the benchmark values, or within the benchmark range, for all
parameters at that outfall.
3, If no discharge occurs during the sampling period, the perrnittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stonuwater Pollution Prevention plan.
Part 11 Page 8 of i I
35

Southport Plant SWPP Plan
November 24, 2014
Pemh Ni. NCS0034$
During the temti of this permit, if the valid sampling results required for the pewit monitoring
periods exceed the benclantark value, or are outside the benclunark range, for any specific
patanic-ter at any specific outfall on four oc aslons, the permittee shall notify the DWQ
Wilmington Regional Office Supervisor in writing within 30 days of receipt of the fourth
analytical results. DWQ Y11fiv. lnit iti rich liinited to:
• Require that the pennittee increase or decrease the innnitorkig frequency for the
remainder of the pen -nit;
• Work with the permittee to develop alternative response strategies;
• Require the perinittee to install structural stormwater controls,
• Regquim.the pennittee tcs iFnplement other storrnwater control measures; or
• Require that the permittce implement site modifications to qualify for the No Exposure
Exclusion.
Part rt cages of l t
36

Southport Plant SWPP Plan
November 24, 2014
13.0 QUALITATIVE MONITORING REQUIREMENTS
Permit No. NCS000348 also contains qualitative monitoring requirements that apply to each
stormwater outfall at the plant, and these are required at each outfall twice per year, during
representative storm events. These requirements, excerpted from the permit, are shown on the
following 2 pages.
37

Southport Plant SWPP Plan
November 24, 2014
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
t> rmit No, NCS00349
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
t epresentative outfail staW,, and shall be perlormed"specified in 'fable 4, during the analytical
1110111toring event. Qua] iIahve monitoring i for the purpose of evaluating the electiveness of the
Stotmwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution.
In the event an atypical condHtion is noted at a stomwater discharge outfall, the pertnittee shall
document the suspected cau�:e of the condition and any Actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics
Trequencyl
Monitoring
Location2
Color
semi-annu'tl
SDO
Odor
semi-anttu zl
8DO
Clarity
semi-a3ulu»1
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-t7nm$1
SDO
Oil Sheen
semi-annual
ST)o
Erosion or depoi ition at the
outfall
semi-annual
SDO
Other obvio ws tndtCatm
of stormwater pollution
semi-aluival
SDO
Footnotes:
t Nieasuremnt Frequency: Twice per year during a representative storm event, fir each year until either another
pen -nit is issued for this facility or until. this permit is revoked or rescinded. if at the end of tl:is perrnitting cycle
the pernutree has submitted the appropriate paperwork for a renewal permit before the 2CUbll:ITtat de-adline, the
petmittee will be considered for a renewal applicatimi. The applicant must COnlinue semi-acultiai Monitoring troth
the renewed permit is issued. See Table 2 for schedule of nioniturmg periods through the eiid of this permitting
cycle.
2 Monitoring Location: qualitative monitoring shall be performed at each stornawater discharge ourfall (.SD )
regardless of representative outfall status.
SECTION D: ON-StTI E VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site whioh uses more than 55
gallons. of new ]rotor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stortuwater runoff from vehicle maintenance areas
and in accordance with the schedule presented in Fable 2 (Section B). All analytical monitoring
shall be perfonned during a, representative storm event.
Part 11 Page 10 of 11
38

Southport Plant SWPP Plan
November 24, 2014
Permit No. NCS00349
`fable 5, Analvtical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Ft uenc ,Y
Sample
T e'-
Sample
I.acatlon3
H
standard
semi-annual
Grab
SDO
Total Petroleum Hydrocarbons
EPA Method 1664 (SGT--NEMI
1ngA
semi-annual
Gran
SDO
Total Sus ended Solids'
RIO
semi-annual
Grab
SDO
Total Rainfall4
inches
scmi-annual
Rain aup c
New Motor Oil Usage
gallons-'nlanth
sen-ii-annual
Estimate
-
ootnote&:
I Measurement Frequency: TWWi2 PC .V.qr during a representative storm event, for each year until either another
permit is issued for this fddliry or until thiz pcmtit is revoked or rescinded. If at the ertd of this perm fitting cycle
the permittee has. submitted the appropriare paperwork for a renewal pernut before the submittal deadline, the
pernuttee will be eonsidcrcd for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. 'See "table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2. If the stomte, aier runoff is controlled by n stt-rnrwater detention pored a grab sample of the discharge from the
pond &.hall be colic ted witlr n the first 34 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SD0) that discharges
stormwater ftwoll from area(&) where vehicle maintenance activitits occur.
4 For each sampled representative storm event the total precipitation trust be recorded..8at on -site or local rain
gauge reading roust be recorded.
Monitssring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the penuittee's
Stormwater Pollution Prevention Plan (SPPP). Esceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase: record keeping, and/or
install stormwater Best Management Practices (BMlzs), as provided in Part 11 Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
Discharge Characteristics
Uatits
Benchmark
pH (see footnote !)
standard
6. 1
Total Petroleum Hydrocarbons (TPH)
mglL
15
Total Suspended Solids
rtz L
100
Foo=c
I IfpH vaium outside this range Are recorded in sampled stormwater discharges, but ambient rainfall data
Indicate precipitation p1l levels are within ±0.1 standard units of the measured values or lower, there the
lower threshold of this benchmark rangt does not apply. Readings from an on -site or local rain. gauge (or local
precipitation data) trust be documented to demonstrate background concentrations were below the normal pH
range.
Part 11 Page I of I
39

Southport Plant SWPP Plan
November 24, 2014
Facility: CPI USA North Carolina LLC
APPENDIX A Southport Plant
Pollution Prevention Team Revision: 2
Member Roster Date: November24°2014
I& Page: 1 of 1
Leader: David Groves
Title: Plant Manager
Office Telephone: [phone]
Co -Leader: Kevin Mixon
Title: Operations Manager
Office Telephone: [phone]
Responsibilities:
The Plan is implemented, maintained, and amended at the intervals required in the Plan.
Appropriate measures and controls (BMPs) are implemented and maintained.
Periodic inspections are conducted.
Corrective or follow-up actions are completed in a timely manner.
All spills are promptly reported and cleaned up.
Ensures employees are periodically trained on Pollution Prevention.
Member: Virginia Grace
Title: Senior Advisor, Environmental
Office Telephone: [phone]
Responsibilities:
Keeps the facility appraised of regulatory changes that require revisions to the Plan.
Helps implement new requirements.
Assists in spill reporting.
Obtains approvals for disposal of spill cleanup materials.
Assists in developing training materials.
Member: Alan Morse
Title: Plant Chemist
Office Telephone: [phone]
Responsibilities:
Keeps the facility appraised of regulatory changes that require revisions to the Plan.
Helps implement new requirements.
Takes samples and submits stormwater reports.
Assists in spill reporting.
Obtains approvals for disposal of spill cleanup materials.
Assists in developing training materials.
Member: Craig Wilson
Title: Maintenance Manager
Office Telephone: [phone]
Responsibilities:
Keeps the facility appraised of regulatory changes that require revisions to the Plan.
Helps implement new requirements.
Assists in spill reporting.
Obtains approvals for disposal of spill cleanup materials.
Assists in developing training materials.
A-1

Southport Plant SWPP Plan
November 24, 2014
Facility: CPI USA North Carolina LLC
APPENDIX B1 Southport Plant
Revision: 2
NON -STORM WATER DISCHARGE ASSESSMENT AND CERTIFICATION Date: November24, 2014
Page: 1 of 1
Date of Test or
Evaluation
Outfall Directly observed During
the Test (identify as indicatedon the
site map)
Method Used to Test or
Evaluate Discharge
Describe Results from Test for the Presence of Mon -Storm Water Discharge
Name of Person who
Conducted Test or Evaluation
Stormwater Outfall No. 1
Storm ester Outfall No. 2
Stormwater Outfall No. 3
Stormwater Outfall No. 4
Stormwater Outfall No. 5
Stormwater Outfall No. 6
CERrMCAi.TIUti
1 certify under penalty oflaw that this document and all attachments were prepared under my directionor supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted B ased 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 ofmy knowledge and belief true, accurate, and complete. I am aware that there are
s ignific ant penalties for submitting false information, including the possibility of fine and imprisonment for knowing vio lations.
A_ Name (type or print)
B. Title
C. Signature
D. Date Signed
B - 1

Southport Plant SWPP Plan
November 24, 2014
EWFacility: CPI USA North Carolina LLC
- APPENDIX B2 Southport Plant
Revision: 2
NON-STORMWATER DISCHARGE ASSESSMENT AND FAILURE TO CERTIFY NOTIFICATION Date: November24, 2014
Page: 1 of 1
Identify Outfall Not TestedlEvaluated
Description of why Certification is Infeasible
Description of Potential Sources of Non-Stonn water
CERTIFICATIO
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 this information, the information submitted is, to the best of my knowledge and belief; true, accurate, and complete.
I am aware that there are significant penalties for submitting false information. including the possibility of fine and imprisonment for knowing violations.
A. Name (type or print)
S. Title
C. Signature
D. Date Signed
B - 2

Southport Plant SWPP Plan
DATE
November 24, 2014
Facility: CPI USA North Carolina LLC
APPENDIX C Southport Plant
Semi -Annual Visual Inspection Checklist Revision: 2
required by Part H.A.8 of NPDES Stormwater Permit NCS000348 Date: November 24, 2014
Page: 1 of 2
INSPECTOR
G = Good B = Bad Y = Yes N = No NA = Not Applicable
OIL UNLOADING BAY AND TRUCK DUMPER 1
TRANSFORMER TRAP GASOLINE AND DRUM DIESEL TANK BEHIND RAIL CAR HYDRAULIC OIL
YARDS PIT STORAGE AREA PUMP HOUSE UNLOADING AREA TANK
TURBINE BUILDING TRUCK DUMPER 2
OIL STORAGE LUBE OIL HYD. OIL &
ROOM TANKS E.H.C.'S DIESEL TANKS
n
o
d
C
o
n
0
o
?10 rA a
C - 1
a
CIO
WHSE
SPILL
MAT'LS
R.
SPILL
MAT'LS
O.
o
m
o
0
d
z
Qn

Southport Plant SWPP Plan
November 24, 2014
APPENDIX C Facility: CPI USA North Carolina LLC
Semi -Annual Visual Inspection Checklist (Concluded) Southport Plant
Revision: 2
required by Part IL4. 8 of NPDES Stormwater Permit Date: November 24, 2014
NCS000348 Page: 2 of2
DATE AREA DESCRIPTION CORRECTIVE ACTION DATE COMPLETED
C - 2

Southport Plant SWPP Plan
November 24, 2014
Is— Facility: CPI USA North Carolina LLC
APPENDIX D Southport Plant
Revision: 2
Annual Plan Review Checklist Date: November 24, 2014
Page: 1 of 1 dom
This checklist serves as a guide to ensure that the Stormwater Pollution Prevention Plan is reviewed
annually and is updated if required. Each question must be answered in the affirmative.
Year of evaluation: Starting Date Ending Date,
PERSON
DATE
CHECKLIST ITEM
RESPONSIBLE
COMPLETED
Was the site evaluated for a change in design, construction,
operation, or maintenance during the past year which had a
significant effect on the potential for the discharge of pollutants to
surface waters?
Were all aspects of the Stormwater Pollution Prevention Plan
reviewed and updated?
If the Plan was updated, did the annual update include an updated
list of significant spills or leaks of pollutants for the previous three
years, or the notation that no spills have occurred?
If the Plan was updated, did the annual update include re-
certification that the stormwater outfalls have been evaluated for
the presence of non-stormwater discharges?
If the Plan was updated, did the annual update include a re-
evaluation of the effectiveness of the BMPs listed in the BMP
Summary of the Stormwater Management Plan?
D - 1

Southport Plant SWPP Plan November 24, 2014
Facility: CPI USA North Carolina LLC
APPENDIX E Southport Plant
Revision: 2
Environmental Incident Report Date: Novernber24,2014
Page: 1 of 1
Name of Reporter: Date
Inci€lent Date. -Time:
Substance Involved: QllaiititV:
Incident Location:
Incident Cause:
Existing."Potential Hazards:
(e.g.-, fire, explosion, etc-)
Personal Lijiu es:
Offsite Impacts:
Described Control, Containment -
and. -'or Clean-up Activities
{include schedules)
Measures to Prevent Recurrence -
Other Comments:
E - 1

Southport Plant SWPP Plan November 24, 2014
Facility: CPI USA North Carolina LLC
APPENDIX F Southport Plant
Revision: 2
Release Response and Reporting Procedures Date: November24,2014
"Release" — defined in this Plan as any accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying, discharging, ejecting, escaping, leaching, dumping, or disposing into the
environment. Liquid or solid materials that escape their primary containment (i.e., tank, tote,
container, etc.) and discharge into a secondary containment system are not a Release unless the
regulated chemical subsequently volatilized into the air.
"Spill" — defined in this Plan as synonymous with release.
Effective spill and release response and reporting procedures are important because they provide for
rapid response to mitigate the impact of a release. These procedures describe the following measures
that will be implemented upon discovery of a significant release:
1. Assess the risk;
2. Control the release to the extent possible;
3. Report the release to management and government agencies;
4. Clean up the impacted area as soon as possible; and,
5. Follow up with preventive measures.
The Southport Plant's Emergency Response Manual provides additional guidance and procedures
for dealing with emergency situations, including releases of significant materials.
I. PRE -PLANNING
The Plant Manager or designee should familiarize facility personnel with all aspects of release
reporting, including the types of chemicals at the facility that must be reported when released, the
procedure for making telephone notifications, and the agencies that must be contacted. The Plant
Manager or designee should also ensure that the list of agencies, emergency response contractors, and
emergency telephone numbers found in Table 2-2 of this Plan are readily available and up to date.
IL ASSESS THE RISK
The risks presented by a release will be assessed the moment a release is observed or discovered.
Risks can change throughout an emergency, therefore, assessing the risk will continue throughout the
duration of the incident. Employees should react according to their level of training. Refer to the
facility's Hazardous Material Response Plan to determine the response level of facility personnel.
A major release may require employees to evacuate and response may be provided only by outside
emergency response services that are equipped and trained to handle a major release.
III. CONTROL THE RELEASE
Every effort will be made to keep a spill from leaving the site boundaries via foundation drains, catch
basins, and manholes. Facility personnel will immediately commit all necessary manpower,
equipment, and materials required to prevent the spill from reaching waterways, stormwater draining
structures, or sewers.
F - 1

Southport Plant SWPP Plan
November 24, 2014
A. Types of Control Methods
Methods available for controlling spills include:
• Absorption - Use materials such as clay, sawdust, or vermiculite to absorb liquids. When
absorbents become contaminated, they retain the properties of the absorbed liquid. Therefore,
they must be disposed of accordingly.
• Covering - Spill areas can be covered with appropriate materials, such as plastic sheets, until
cleanup efforts can be completed.
• Dikes, dams, diversions, and retention - These temporary or permanent physical barriers can
be used to retain spills, change the direction of flow of the liquid, or minimize storm water
run-on to the impacted area.
• Over packing - Leaking drums can be placed in larger containers to hold the leaking liquid.
• Plug and patch - Compatible plugs and patches can temporarily stop the flow of materials
through small holes.
• Transfer - Liquids can be transferred from a leaking or damaged container or tank. Care must
be taken to ensure transfer hoses and fittings are compatible with the liquid. When flammable
liquids are transferred, proper concern for grounding must be observed.
B. Implementing Control Methods
The alternative control methods listed above will be implemented in the following order unless
directed otherwise by the Plant Manager or designee:
• Spills confined to immediate area - Place sorbent materials in direct contact with the liquid,
working inward from the farthest point of progression of the liquid. The quicker the response,
the smaller the contaminated area.
• Spills escaping from immediate area - If liquid begins to spread outside of the immediate area,
attempts should be made to stop the flow before it enters a foundation drain, catch basin, or
manhole by building up sorbent materials to dike the sewer entrance. As an alternative, sewer
mats or sheets of plastic should be placed over sewer entrances and weighed down with heavy
objects or gravel. In the event the liquid enters a sewer, sorbent materials should be used at the
discharge points or in the storm and sanitary sewers to collect the material. Facility personnel
should consider, as appropriate, assistance from neighboring industry, outside contractors, oil
skimmers, backhoes, pumps, emergency dikes, oil absorbent, hay bales, booms, etc. as
necessary.
IV. REPORT THE RELEASE
Immediately after initiating appropriate emergency measures to confine the release, facility personnel
should report any environmental release to management and to government agencies, as required. The
following sections describe the procedure to be used for reporting spills/uncontrolled environmental
releases to government agencies.
F - 2

Southport Plant SWPP Plan November 24, 2014
A. Reporting Scope
This procedure applies to virtually every spill or uncontrolled release of a significant material at the
facility because environmental regulations apply to the release to the environment of a regulated
chemical above a Reportable Quantity or in excess of a reporting threshold. The Plant Manager or
designee will consult with the Senior Advisor, Environmental to confirm the reporting requirements
for each spill event. The Reportable Quantities for regulated chemicals used at the Southport Plant are
summarized below:
• Oil and petroleum products — For reporting to EPA and NC DENR: one (1) barrel (i.e., 42
gallons);
• Hazardous wastes (ignitable, corrosive, or reactive) — one hundred (100) pounds of the
regulated chemical (Note: the Southport Plant is a conditionally exempt small quantity
generator and does not store these types of materials);
• Sodium hypochlorite — one hundred (100) pounds;
• Sodium hydroxide (a.k.a., caustic soda) — one thousand (1,000) pounds; and
• Sulfuric acid — one thousand (1,000) pounds.
B. Reporting Responsibility
The Plant Manager or designee is responsible for making all necessary telephone notifications when a
release to the environment has occurred. The Plant Manager or designee may delegate individual
reporting tasks to other Southport Plant staff, but overall reporting responsibility remains with the
Plant Manager or designee. The facility Emergency Response Plan occurs:
1. Line Management;
2. Senior Advisor, Environmental;
3. Local Sewer Authority;
4. Local Fire Department;
5. Police Department;
6. Local Emergency Planning Committee (SARA Title III);
7. State Emergency Response Commission (SARA Title III SERC);
8. State Environmental Agencies;
9. Emergency Response Contractor;
10. Downstream water users; and
11. National Response Center
C. Telephone Notifications to Government Agencies
The following procedures should be followed when making telephone notifications to government
agencies. Telephone numbers may be found in Table 2-2 of this Plan.
1. Report Immediately — NC DENR must be notified no later than one (1) hour after
Southport Plant staff learns of the release.
2. Start with local agencies first - When making emergency telephone notifications, start
with local agencies first, and then proceed to contact state agencies, and lastly federal
agencies. This order of priority is important because local agencies are impacted the most. As
these notifications are made, let the next agency contacted know who has been previously
contacted. This will help streamline communications should the various agencies begin to
F-3

Southport Plant SWPP Plan
November 24, 2014
contact each other. Spills/releases into the local sewer system must be reported to the local
sewer authority.
3. What to report - When making a telephone notification, do not speculate. Report only the
facts as known at the time the call is made. Be prepared to provide the following information:
a. Your name and telephone contact number(s);
b. Name and location of the facility (i.e., Southport Plant located at 1281 Power Plant
Road SE, Southport, North Carolina);
c. Date and time the incident began and ended, or the estimated time of continuation if
the release is continuing at the time of notification;
d. Extent of any injuries and identification of any know personnel hazards which
response agencies may encounter (e.g., is the material an Extremely Hazardous
Substance, etc.);
e. The common or scientific name of the released material; US Department of
Transportation hazard classification; and the best estimate of any or all released
material;
f. A brief description of the incident that is sufficient to allow response agencies to
formulate the level and extent of response activities; and
g. The names and telephone numbers of the person or persons to be contacted for
further information.
4. Keep a telephone notification log - It is important to document calls made to government
agencies. Be sure to fully document telephone notifications as well as other information about
the environmental incident. Notification information to be documented includes:
a. Date/time of call;
b. Agency and official contacted;
c. Who made the call;
d. Any comments made by officials, including any reference number assigned to the
incident by the agency, and
e. As soon as possible, after making these agency notifications, notify Line
Management, Senior Advisor, Environmental, and affected Southport Plant
customers.
5.Other notifications may be required - Additional notifications may be necessary
depending on the nature of the release and substance involved. Written notification to NC
DENR is required within seven (7) calendar days after the telephone notification.
F-4

Southport Plant SWPP Plan November 24, 2014
V. CLEAN UP THE AFFECTED AREA
Cleanup should begin as soon as possible. The Plant Manager or designee should enlist all available
resources to stop the spill or release. The local spill response contractor, Moran Environmental
Recovery (see Table 2-2 for contact information), can provide typical containment and clean up
services is familiar with the site and has entered into a contractual agreement with the facility.
The Senior Advisor, Environmental should be contacted to determine and arrange for proper
treatment, storage, and disposal of spilled materials. Spill cleanup contractors should not be allowed to
dispose of spill residue until the Senior Advisor, Environmental has identified an approved or
acceptable disposal facility. The Senior Advisor, Environmental will also assist in determining the
extent of remediation required.
VI. FOLLOW UP ACTION
The Plant Manager or designee shall review the cause of the spill or release and initiate appropriate
corrective actions to prevent similar occurrences. Additionally, all spill materials and sorbent material
must be restocked. The Senior Advisor, Environmental will be responsible for preparing and
submitting any written follow-up reports required by government agencies and for reporting the
release to Senior Management. The type of follow up report required will vary, depending upon the
material spilled, the quantity spilled, whether the material was contained and/or cleaned up, and
whether the spill constituted a public health threat.
F - 5

Southport Plant SWPP Plan
November 24, 2014
Facility: CPI USA North Carolina LLC
F APPENDIX G Southport Plant
Revision: 2
Southport Plant Stormwater Discharge Permit Date: November 24, 2014
G - 1

B.-verly Eaves Perdide Cof H. Sullins Dee Freeman
Governol, Director Secretary
April 30, 2010
Mr. Elton Gibbs
CP1 USA North Carolina
PO 1.0836
Southport, North Carolina 28461
Subject: Final NPDES Stormwater Permit
Permit NCS000348
CPI USA North Carolina - Southport Plant
Brunswick County
Dear Mr. Gibbs:
In response to your renewal application for continued coverage under NPDES stormwater permit NCS000348,
the Division of Water Quality (Division) is forwarding herewith the subject state - NPDES 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).
This final permit includes no major changes from the draft permit sent to you on March 9, 2010. However,
the owner name and facility was updated based on the Permit Name/Ownership Change Form previously
received on December 21, 2009.
The qualitative monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please
note that analytical monitoring is also required in this permit. Failure to complete the monitoring as required is
a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act.
Reference Part 111, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering " and Item 10 "Penalties
for Falsification of Reports" of your permit for further information.
If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to
you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt
of this letter. This request must be in the form of a written petition, conforming0 to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office. Drawer 27447,
Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final. and binding.
Please take notice this permit is not transferable. Part III, E.2. addresses the requirements to be followed in case
of change in ownership or control. of this discharge. This permit does not affect the legal requirementsfo,
obtain other permits which may be required by the Division of Water Quality or permits required by the
Division of Land Resources, Coastal Area Management Act or any other Federal or Local goverrunental
permit that may be required.
Wellands and SforrrvxFter Branch Orte
16,17 Ma.il Service Cerilcllr, Raleigh, Not) Carolina 276949-1617
Noxth(-arolina'
Locario.,-l: 512 N, Salisbuy St Raleigh. Nroxlh Car,);;na 27604
Proj,je: 919-807-6-,00 \ FAX: [phone], C u tcaier w, 4 € e 1..877-623-6748
internee
An 0000rftlnitv Actlo-n r'n-,Nme,

Mr. Elton Gibbs
Capital Power Operations (USA) Inc.
Permit No. NCS000348
If you have any questions or coninients concerning this permit, contact Brian Lowther at [phone] or
brian. lowther@-,,ncd 111 -,jenngov
Sincerely,
SIGNE08V
Kr� NCKLE
fir Coleen H. Sullins, Director
cc: Wilmington Regional Office, Water Quality Section
0
Mike Mitchell, EPA Region IV
Story water Permitting, Unit
Central Files
Attachments: NPDES Stormwater Permit NCS000348
N

RMIMMMIM
STATE OF NORTH CAROLINA
•. OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
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,
is hereby authorized to discharge stormwater from a facility located at
CPI USA North. Carolina — Southport Plant
1281 Powerhouse Drive SE
Southport, NC
Brunswick County
to receiving waters designated as Price Creek, a class SC; Sw stream in the Cape Fear River
Basin, in accordance with the discharge limitations, monitoring requirements, and other
conditions set forth in Parts 1, 11, Ill., IV, V and VI hereof.
This permit shall become effective May 1, 2010.
This pen -nit and the authorization to discharge shall expire at midnight on April 30, 2015.
Signed this day April 30, 2010,
for Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit No. NCS000348
I WAII U a -WSJ
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A:
Storinwater Pollution 'Prevention Plan
Section B:
Analytical Monitoring Requirements
Section C:
Qualitative Monitoring Requirements
Section D:
On -Site Vehicle Maintenance Monitoring Requirements
PERMITS
Section A: Compliance
and Liability
I .
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
S.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
I. Individual Pen -nit Expiration
2. Transfers
11

Pemift No. NCS000348
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance '
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Storrnwater Control Facilities
Section D: Monitoring and Records
1. Representative Sampling
2. Recording Results
3. Flow Measurements
4. Test Procedures
5. Representative Outfall
6. Records Retention
7. Inspection and Entry
Section E: Reporting Requirements
I
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6,
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
ii

Permit No. NCS000.348
During the period beginning on the effective date of the permit and. lasting until expiration, the
pennittee is authorized to discharge storinwater associated with industrial activity. Such.
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES storrawater
discharge pen -nit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stortriwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
Until this pen -nit expires or is modified or revoked, the pennittee is authorized to discharge
ston'trwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All ston-nwater discharges shall be in accordance with the conditions of this pernrit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another pen -nit, authorization, or epproval.
The stormwater discharges allowed by this individual pennit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the pennittee from responsibility for compliance with any other
applicable federal,, state,, or local law, rule, standard, ordinance, order, judgment, or decree,
Part I Page 1 of 2

Permit No. NCS000348
NCS000348
11
EPCOR USA North Carolina LLC.
Southport Facility
L,trude: 33" 56'4Y' IA
Longitude: 78:(la 43" W
C(Dunt'i: Brunswid<
Rrece�ving'-S,tream: Price Creek
stre'am Class: SC; sw
SUID-basin: 0:3-06-17 (Cjpe Fear Ff,rv. r E-,�uin)
14
"I'll, x . a
Part I Page 2 of 2

Permit No. NCS00348
PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
The Penuittee shall develop a, Storrnwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part 111, Standard
Conditions, Section E, Paragraph 3 of this individual pen -nit. The Plan shall include, at a
minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS, quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outtall(s) discharges, or if the discharge is to a,municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location map (or alternatively the site map) shall identify whether each
receiving water is impaired (on. the state ' s 3 03 ) (d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) of concern are.
North Carolina's 3 )03(d) List can be found here:
http://h2o.enr.state.ne.us/tmdUGeneral — 303d.htm#Downloads
North Carolina TMDL documents can be found here:
http:'/h2o.enr.state.ne.us/tmdu,rMDL list.htm#Final TM Ls.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stormwater discharge from each. outtall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and. structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leafs of pollutants that have occurred at the facility
during the three (3) previous years and. any corrective actions taken to mitigate
spill impacts.
Part 11 Page I of I I

Permit No. NCS00348
(e) Certification that the storrnwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found. in. Part III, Standard Conditions, Section
B, Paragraph 3. The peirnittee shall re -certify annually that the stormwater
outtalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stoiniwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural. measures. The storrnwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the perinittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater runoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained, If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outtall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary, A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be basedon the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
Part 11 Page 2 of 11

Permit No. NCS00348
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant source's based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated
by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate storrnwater runoff through spills or exposure of materials associated with the
facility operations, The SPRP must be site storinwater specific. Therefore, an oil Spill
Prevention Control and Countertneasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the storinwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP,
4. Preventative Maintenance and Good Housekeeping Program, A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stonirwater control systems, stonuwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPS. The
program shall establish schedules of inspections, maintenance, and housekeeping
activities of stoirnwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potenitial for stolmwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stoirawater runoff. Facility persormel or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained,
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
positionts) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assigrunents provided.
7. Plan Amendment. The pennittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the Stonnwater
Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
include re -certification that the storrriwater outfalls have been evaluated for the presence
of non-stormwater discharges. Each annual update shall include a re-evaluation of the
Part 11 Page 3 of 1 I

Pennit No. NCS00348
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan.
The Director may notify the penuittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the peralittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The pen-nittee shall provide certification in writing (in accordance with
Part 111, Standard Conditions, Section B, Paragraph 5) to the Director'hat the changes
have been made.
8. Facility Inspections, Inspections of the facility and all storniwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on.
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part 11 B, C and D of this permit.
9. Implementation. The permittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a periodof
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part 11 Page 4 of I I

Permit No, NCS00348
'iqI
1 111! 1! 111WIN 111 '11111111111 111,111
Analytical monitoring of storinwater discharges shall be performed as specified. in Table 1. All
analytical monitoring shall be performed during a representative stone event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term of
the pen -nit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than. 0.1 inches of rainfall. The
time between this storm event and the previous storm event measuring greater than 0.1 inches must be at
least 72 hours, A single storm event may have a period of no precipitation of up to 10 hours. For
Lexample, if it rains but stops before producing anycollectabledischarge, a sample _may be collected if the
"cduc n
exatn' ' e, "' it 's " 'tops to p
11 n I'lel g s' rg i 10110 s.
next rain producing a discharge begins within 10 hours.
Table 1. Analytical Monitoring Requirements
Discharge
Measurement
Sample
le
Sample
�Lo
Characteristics
Units
Frequencyl
Type2
c a:t i 0
40 CFR Part 423 Appendix A:
Grab
SDO
13 Priority Pollutant Metals
Pg/l
semi-annual
(Ag, As,Be, Cd, Cr, Cu, Hg,
Ni, Pb, Sb, Se, TI, Zn) 4
Al
Itg/l
semi-annual
Grab
SDO
B
Itg/l
semi-annual
Grab
SDO
COD
mg/l
semi-annual
Grab
SDO
TSS
mg/l
semi-annual
Grab
SDO
Sulfate
mg/l
semi-annual
Grab
SDO
Oil and Grease (0&,G)
mill
semi-annual
Grab
SDO
2u---
standard
semi-annual
Grab
SDO
Total Rainfalls
inches
semi-annual
_Lain Gauge
Footnotes:
Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
pennittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative
outfall status has been granted.
4 Mercury shall be analyzed by EPA Low-level detection mettiod 1631 E. This method also require-, a field blank
be analyzed. A benchmark does not apply; however., values above 0.012 jig/t should be noted on annual SDO
DMR reports to the Regional Office.
Part 11 Page 5 of 1 I

Permit No. NCSOO-148
5 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
The pen-nittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate each sample date
unless monthly monitoring has been instituted under a Tier Two response.
Table 2. Monitorin Schedwale
Monitoring period 1 2
Sample Number
Start
End
Year I — Period I
I
May 1, 2010
October 3l,2010
Year I — Period 2
2
November 1, 2010
April 30, 2011
Year 2 — Period 1
3
May 1, 2011
October .3 1, 2011
Year 2 — Period 2
4
November 1, 2011
April 30,201.2
Year 3 — Period 1
5
May 1, 2012
October 31, 2012
Year 3 — Period 2
6
November 1, 2012
April 30, 2013
Year 4 — Period 1
7
May 1, 2013
October 31, 2013
Year 4 — Period 2
8
November 1, 2013
April 30, 2014
Year 5 — Period 1
9
May 1, 2014
—October.' 31, 2014
Year 5 — Period 2
10
November 1, 2014
April 30, 2015
Footnotes:
I Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No
Flow" within 3 )0 days of the end of the six-month sampling period.
The pen-nittee shall report the analytical results from the first sample with valid results within the
monitoring period. In addition, a separate signed Annual Summary DMR copy shall be
submitted to the local DWQ Regional Office (RO) by March I of each year. The pertilittee
shall compare monitoning results to the benchmark values in Table 3. The benchmark values in
Table 3 are not permit limit -Is but should be used as guidelines for the permittee's Stormwater
Pollution Prevention Plan (SPPP), Exceedences of benchmark values require the petmittee to
increase monitoring, increase management actions, increase record keeping, and/or install
stoni-twater Best Management Practices (BMPs) in a tiered program. See below the descriptions
of Tier One and Tier Two.
Part 11 Page 6 of 11

Permit No. NC S00348
MH MUMM
Discharge Characteristics
units
Benchmark
Aluminum
mg/l.
N/A
Antimony
mg/l
N/A
Arsenic
Beryllium
11 mg/l
N/A'
Boron
r-ftg/1
N/A
Cadmium
Chromium
Copper
Lead
Mercury
Pg/l
N/A
Nickel
Selenium
Silver
Thallium
mg/l
N/A.
Zinc
COD
ing/l,
120
TSS
mg/l
100
Sulfate
mg/l
500
O&G
mg/l
30
pH (seefibotnote 2)
Footnotes:
1 No saltwater data available to calculate a benchmark,
2 If pH values outside this range are recorded in sampled stormwater discharges, but ambient rainfall data
indicate precipitation pH levels are within + 0.1 standard units of the measured discharge values or
lower, then the lower threshold of this benchmark range does not apply. Readings front an on -site or local rain
gauge (or local precipitation data) must be documented to demonstrate background concentrations were below
the benclunark pH range.
Part 11 Page 7 of 1 I

Permit No. NCS00348
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Ston-liwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selected actions, and the date the selected actions were
implemented.
If: During the teen of this pen -nit, the first valid sampling results from two consecutive
monitoring periods are above the benchmark values, or outside of the benchmark range, for any
ific parameter at a specific discharge outfall;
Then: The permittee shall:
I . Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters (except mercury) at every
outfall where a sampling result exceeded the benchmark value for two consecutive samples.
Monthly (analytical and qualitative) monitoring shall continue until three consecutive
sample results are below the benchmark values, or within the benchmark range, for all
parameters at that outtall.
3. If no discharge occurs during the sampling period, the pennittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Storinwater Pollution Prevention Plan.
Part 11 Page 8 of 11

Pemit No. NCSOO.348
During the term of this pen -nit, if the valid sampling results required for the pennit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on four occasions, the penriittee shall notify the DWQ
Wilmington Regional Office Supervisor in writing within, 30 days of receipt of the fourth
analytical results. DWQ may, but is not limited to:
Require that the pen-nittee increase or decrease the monitoring frequency for the
remainder of the pen -nit;
Work with the perinittee to develop alternative response strategies;
• Require the permittee to install structural stormwater controls;
Require the pen-nittee to implement other storrawater control measures; or
Require that the pen-nittee implement site modifications to qualify -for the NO Exposure
Exclusion.
Part 11 Page 9 of 11

Permit No. NCS00148
Qualitative monitoring requires a visual inspection of each stormwater outtall, regardless of
representative outfall status and shall be performed as specified in Table 4, during the analytical
monitoring event. Qualitative monitoring is for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution.
In the event an atypical condition is noted at a stormwater discharge outfall, the pertnittee shalt
document the suspected caus-, of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP,
Discharge Characteristics
Frequencyl
Monitoring
Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the
semi-annual
SDO
outfall
Other obvious indicators
semi-annual
SDO
of stoiTnwater pollution
Footnotes:
Measurement Frequency: Twice per year during a representative storm event., fior each year until either another
pennit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the per-nuttee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-atuntal monitoring until
the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO)
regardless of representative outfall status.
Z�
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall. be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas
and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring
shall be performed during a representative storrn event.
Part 11 Page 10 of 11

Permit No. NCS00348
Discharge Characteristics
Units
Measurement
Freauencyl
Sample
TvDe2
Sample
Location3
pH
standard
semi-annual
Grab
SDO
Total Petroleum Hydrocarbons
EPA Method 1664 (SGT-HE1vf
mg/1
semi-annual
Grab
SDO
Total Sus ended Solids
_—Ei-9/1
semi-annual
Grab
SDO
Total RainfalJ4
inches
semi-annual
Rain gauge
I`�ew Motor Oil Usage
gallonshnanth
semi-annual
Estimate
-
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until
the renewed permit is issued. see rable 2 for schedule of monitoring periods through the end of this permitting
cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minu.tes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. Ali on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but shouldbe used as guidelines for the permittee*s
Storinwater Pollution Prevention Plan'(SPPP). Exceedences of benclu-nark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B.
UMM
Discharge Characteristics
Units
Benchmark
pH (seefibotnote 1)
standard
6-9
Total Petroleum Hydrocarbons (TPH)
mg/L
15
Total Suspended Solids _j
mg/L
100 j_O::1
Footnotes:
I If pH values outside this range are recorded in sampled storrnwater discharges, but ambient rainfall data
indicate precipitation pH levels are within + 0.1 standard units of the measured values or lower, then the
lower threshold of this benchmark range does not apply. Readings from an on -site or local rain gauge (or local
precipitation data) must be documented to demonstrate background concentrations were below the normal pH
range.
Part 11 Page I I of I I

Permit No. NCS00348
PART III STANDARD CONDITIONS FOR NPDES STORMWA'rER INDIVIDUAL PERMITS
Compliance Schedule
'The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for pennit coverage for the first time: The Storrilwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11,
Section A, Paragraph 2(b) of this penriit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Storinwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified. in Part 11, Section A, Paragraph
2(b) of this permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
Du!y-!LCo
mply_
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is arounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the,
Clean Water Act for toxic pollutants within the time provided in the regulations that establish these
standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than I year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
in1prisoninent for not more than 3 years, or both. Also., any person -,vh.o violates a pen -nit condition
may be assessed. an administrative penalty not to exceed $ 10,000 per violation with the maximum
amount not to exceed $125,000. [Ref. Section 309 of the Federal Act 33 USC 131.9 and 40 CFR
122.41(a).]
Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref. NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 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. Administrative penalties for Class
I violations are not to exceed $10,000 per violation, with. the maximum amount of any Class I
penalty assessed not to exceed $25,000, Penalties for Class II violations are not to exceed
Part III Page I of 8

Permit No. NCS00348
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class 11 penalty not to exceed $125.,000.
Duty ate �itig2
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual pen -nit which has a reasonable likelihood of adversely affecting human health or the environment.
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stonriwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6A.. 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. 19. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual 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 14' )-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual 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.
7. Severabilit-v
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
�tQ-Provide Information
The permittee shall farrush to the Director., within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or tenninating the
permit issued pursuant to this individual permit or to determine compliance with this individual penuit. The
pennittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual pen -nit.
9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this individual 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 conunitted after a first
conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of
violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8

Permit No. NCS00348
to. Penalties for Falsification ofRepx>tts
The Clean Water Act 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 individual
permit, including monitoring reports or reports of compliance or noncompliance 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.
SECTION R. GENERAL CONDITIONS
Individual Permit Expiation
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the pennittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. 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 andhas not requested renewal at least 180 days prior to expiration, will be
subjected to enforcement procedures as provided in NCGS § 143-215.6 and 33 USC 1251 et. seq.
Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Perinittee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
Si InatoiT Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duty authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application fom-t originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described 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 welt or well field, superintendent, a position of equivalent
Part III Page 3 of 8

Permit No. NCS00348
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duty authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
c. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments wore prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted. is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
4. Individual Permit Modification, Revocation and Reissuance or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or tern inating the individual pen -nit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 12' ); Title 15A of the North Carolina Administrative Code, Subchapter 21-1.01 00; and North Carolina
General Statute 143-215.1 et al.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause, The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition_
SECTIONC: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The pennittee shall at all times properly operate and maintain all facilities and systenis, of treatment and
control (and
and related appurtenances) which are installed or used by the perinittee to achieve conip Hance with
the conditions of this individual pennit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a pen-nittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
Need to Halt or Reduce Not a Defense
It shall not be a defense for a pennittee 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 individual pennit,
Bypassing; �ofSton�nwater Control �Facitities
Bypass is prohibited and the Director may take enforcement action against a pernrittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part III Page 4 of 8

Permit No. NCS00348
la. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate back-up controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
C. The perinittee submitted notices as required under, Part 1,11, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, Director may approve an
anticipated. bypass after considering its adverse effects.
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
2. Recording Results
For each measurement, sample,, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or-mintenance activity;
b. The individual(s) who performed the sampling, measurements, inspectiof i or maintenance activity;
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.
Flow Measurements
Where required, appropriate flow measurement devices and method-, consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq. the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 3' ) USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 1,36.
Pail III Page 5 of 8

Permit No. NCS00348
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
4�
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure,
Representative Ourfall
If a facility has multiple discharge locations with substantially identical stoiniwater discharges that are
required to be sampled, the perm.ittee may petition the Director for representative ourfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a. reduced number of outtalls.
6. Records Retention.
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all.
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized repres. ntative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the permittee's premises where i regulated facility or activity is located. or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times., any records that must be kept under the conditions of
this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required tinder this individual pem-dt; and
d. Sairiple or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location,
Discharge Morritorinu Reports
Sainples analyzed in accordance with the terrns of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from. the facility during the report period, the permittee is required to
submit a discharge monitoring report within 3 ) 0 days of the end of the three-month sampling period, giving
all required information and indicating "NO FLOW" as per NCAC Tt5A 02B .0506.
1
Part III Page 6 of 8

Permit No. NCS00348
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so.
Submitting -Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition, a separate signed Annual Summary DMR copy shall be submitted to the pertnittee's DWQ
Regional Office (RO) by March I of each year.
3. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 )(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical 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 143-2 15.613 or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this individual permit coincid.(,s with a non.-stoinawater
discharge, the pennittee shall separately monitor all parameters as required under the non-stonriwater
discharge permit and provide this information with the stormwater discharg,,., monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged. This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements,
7. amass
a. Anticipated bypass. If the permittee knows in advance of the need fora bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The pennittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
Part III Page 7 of 8

Permit No. NCS00348
S. Twenty-four Hour Repoltrrt
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment. Any information shall be provided orally within 24 hours from
the time the perinittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the pelmittee becomes aware of the circumstances.
The written submission. shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, aue
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate,, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -ease basis if the oral report has been received
within 24 hours.
9. Other Noncom fiance
The pertnittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the pennittee becomes aware that it tailed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or inforniatiori.
Part III Page 8 of 8

NC S000348
PART IV LIMITATIONS REOPENER
This individual permit shall be modified. or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 3 )04(b) (2) and.
3 .307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
pennit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORJ1`T(A'
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by
the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this
Division to initiate action to revoke the individual permit.
1Mty&1�1]921k11yy
1. Act
See Clean Water Act,
1 Arithmetic Mean
The arithmetic mean of any set of values is the suinniation of the individual values divided by the number of
individual values.
3.
Allowable Non-Stoniiwater Discharges
This permit regulates stormwater discharges. Non-stoniiwater discharges which shall be allowed in the
storniwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES pen -nit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushinas, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting trom fire -fighting or fire -fighting training.
4. Best Management Practices (RIVIP '
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the,
form of a process, activity, or physical structure.
Parts IV, V and VI Page I of 5

Permit No. NCSOO 148
5. Bypass
A bypass is the known diversion of storrawater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
6. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
T Clean Water Ac,
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
8. Division or DW-Q
The Division of Water Quality, Department of Enviromnent and Natural Resources.
-9. Director
The Director of the Division of Water Quality, the permit issuing authority.
M EMC
The North Carolim-i 'nvironrnental Management Commission.
11. Grab Sam le
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first '10 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
11 Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. MunicipgaLUS� ��arate Storm Sewer Systee
A stomawater collection system within an incorporated area of local self govermuent such as a city or town.
15; NNaoExposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, sno,,vmelt, or runoff,
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
Part VI Page 2 of 5 Pages

Permit No. NCS00348
industrial machinery, raw materials, intermediate products, by-products, final products., or. waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § 122.26(g).
16. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
17. Permittee
The owner or operator issued a permit pursuant to this individual permit.
18, Point Source Discharge of Stormwater
Any discernible., confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which storrawater is or may be discharged. to waters
of the state.
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
20. Representative Outfall Status
When it is established that the discharge of storn'twater runoff from a single outfall is representa-tive of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any ."e of detergent or cleaning agent.
22. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed. in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superhind Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Conununity Right -
to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
C. That meets at least one, of the following criteria:
Part VI Page 3 of 5 Pages

Permit No. NCS00348
(1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants),
Table III (certain metals, cyanides, and. phenols), or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311 (b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chi-onic water quality criteria.
24. Severe Property Dan ----
Means substantial physical damage to property, damage to the control facilities,, which causes them to
become inoperable, or substantial and permanent loss of natural resource-,. which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
25. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to
report pursuant to section 313 of Title Ill of SARA; fertilizers; pesticides; and waste products such as ashes,
slag and. sludge that have the potential to be released with stormwater discharges.
26. Sig
nificant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref- 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref. 40 CFR 302.4).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
28. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying storniwater and which is
directly related to manufacturing,., processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program.
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce storniwater pollution and
is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design stone information can be found in. the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
Part VI Page 4 of 5 Pages

Permit No. NCS00348
1. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be
either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the
amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated. by the
measurement of flow at 20 minute intervals during the rainfall event.
32. Total MaJIrnum.Dailv Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality a,,-,sessment that provides the scientific foundation for an implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes
the water quality standards and TMDL programs.
Z�I
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Upset
Means an exceptional incident in which there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error., improperly
designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
35. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
36. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
37. 25-year 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page 5 of 5 Pages

Southport Plant SWPP Plan November 24, 2014
Facility: CPI USA North Carolina LLC
APPENDIX H Southport Plant
Revision: 2
SWPP Plan Review and Amendment Form Date: November24,2014
CPI Southport personnel must complete a review and evaluation of the Stormwater Pollution
Prevention Plan and the effectiveness of all best management practices at least once every year.
CPI Southport personnel must document the completion of the review and evaluation and must
update the list of significant spills for the previous year or indicate that no significant spills have
occurred.
The followiniz table identifies stormwater pollution prevention plan review and revision dates.
Date
Action
Responsible Party
I have competed review and evaluation
of the SWPP Plan for CPI Southport and
SWPP Plan Review and
have amended the plan. CPI Southport
Update, RTP
has not experienced a significant spill
Environmental Associates,
within the past 12 months.
Inc.
*-Zd 14
Signature
I have completed a review and
evaluation of the SWPPP for CPI
Southport and have not (have)
amended the Plan as a result. CPI
Annual SWPPP Plan
Southport has not (has) experienced a e
Review
significant spill within the past 12
months.
Signature
I have completed a review and
evaluation of the SWPPP for CPI
Southport and have not (have)
amended the Plan as a result. CPI
Annual SWPPP Plan
Southport has not (has) experienced a
Review
significant spill within the past 12
months.
Signature
H - 1

ATTACHMENT E
CPI Southport FEMA Firmette

National Flood Hazard Layer FIRMette
33°56'54.84"N
i cci I .U,000
0 250 500 1,000 1,500 2,000
�
Le = FEMA _end 9
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
Without Base Flood Elevation (BFE)
Zone A. V. A99
SPECIAL FLOOD With BFE or Depth Zone AE, AO, AH, VE, AR
HAZARD AREAS Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mile zone x
Future Conditions 1% Annual
Chance Flood Hazard zone x
�" Area with Reduced Flood Risk due to
ITHER AREAS OF Levee. See Notes. Zone x
FLOOD HAZARD F'I Area with Flood Risk due to Leveezone D
NO SCREEN Area of Minimal Flood Hazard zone x
Q Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard zone o
GENERAL — — —' Channel, Culvert, or Storm Sewer
STRUCTURES i i i i i i i Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17•5 Water Surface Elevation
eo- — — Coastal Transect
— 513----- Base Flood Elevation Line (BFE)
Limit of Study
Jurisdiction Boundary
-- --- Coastal Transect Baseline
OTHER _ Profile Baseline
FEATURES Hydrographic Feature
Digital Data Available N
No Digital Data Available + _
MAP PANELS Unmapped V'
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/6/2020 at 8:04:24 AM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.

ATTACHMENT F
ROS Revocation Letter

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
Ms. Virginia Grace
Senior Advisor, Environment
CPI USA North Carolina LLC
1281 Powerhouse Drive
Southport, NC 28461
Dear Ms. Grace:
NORTH CAROLINA
Environmental Quality
March 18, 2020
Subject: NPDES Stormwater Permit
Permit Number NCS000348
Representative Outfall Status Revocation
CPI USA North America LLC
New Hanover County
During the 2020 permit renewal process, monitoring data from 2010-2019 was analyzed.
Monitoring data showed benchmark exceedances of Zinc from 2011-2013, 2015-2017, and 2019.
There were also several Copper benchmark exceedances in 2012-2013, and 2017, and of COD in
2013.
Exceedances of benchmark values require the permittee to increase monitoring, increase
management actions, increase record keeping, and/or install stormwater best management
practices (BMPs) in a tiered program. Records of tier events are required to be maintained in the
SWPPP.
During discussions with CPI Southport personnel, it was discovered that there is confusion
regarding what constitutes a tier response. When CPI personnel were asked for records of tier
events performed in response to benchmark exceedances, the responses given were not consistent
with permit requirements.
Tier events are responses that are required in the event of a benchmark exceedance/exceedances,
as defined in Part II of the permit, and as such, require continued investigation, improvement,
maintenance, and record keeping by the facility.
Based on the CPI Southport sampling data and 2010 permit requirements, CPI Southport should
have several records of Tier One and Tier Two events and additionally, should have been
participating in monthly monitoring, based on zinc exceedances alone from 2012-2017.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
o.m.nmism evw~"eiim.nni ou.ary �"'� 919.707.9200

CPI personnel provided a 2015 Annual Summary DMR that details a Tier One event in response to a
zinc benchmark exceedance. CPI was unable to provide any other record of a tier response. CPI has
never participated in monthly monitoring in response to a benchmark exceedance.
The permit renewal application was submitted in October 2014. The former CPI Site Water
Technician no longer works at CPI and there has been a great deal of staff turnover in DEMLR.
There appear to have been verbal discussions between the former CPI Site Water Technician and
DEMLR Staff associated with zinc benchmark exceedances, where DEMLR staff agreed CPI had
taken a proactive approach to implementing good housekeeping procedures around the site in
dealing with spilled TDF and/or associated dust (believed to be associated with zinc exceedances)
and agreed that practices identified in the SWPPP and annual BMP summary have resulted in an
overall improvement to the quality of stormwater runoff leaving the site.
These improvements are further corroborated by Regional Office Inspectors who have witnessed
site improvements from 2010-2019. Zinc is a parameter that has a general history of being difficult
to reduce in stormwater samples. CPI Southport personnel have stated brake pads could also be
contributing to benchmark exceedances. Structures at the facility may also be constructed out of
galvanized steel, which would also contribute to zinc benchmark exceedances.
Because of site improvements and a history of responsiveness by the current CPI Site Water
Technician, DEMLR has chosen not to elevate the matter to the level of a Notice of Violation.
However, because there have been a lack of tier responses, there is a lack of data/investigation into
problem areas at the site. Because stormwater discharges from internal outfalls into the man-made
ditch surrounding the site, the stormwater becomes homogenous before discharging through
Outfall SW005, where representative samples are taken. The Narrative Description in the site
SWPPP presents potential pollution risks in each drainage area; however, there is a lack of
monitoring data that could be used for confirmation.
For the reasons discussed above and based on comments received during the Public Hearing
conducted on November 21, 2019, the facility will no longer be eligible for Representative Outfall
Status. The facility will be required to sample at internal outfalls and at Outfall SW005 for the first
fifteen months of permit coverage, April 1, 2020 through June 30, 2021, before CPI Southport may
again apply for ROS. During this time, the facility will collect monitoring data that will be more
representative of facility industrial drainage areas. This data will in turn aid the facility if/when a
tier response becomes necessary.
If you have any questions or comments concerning this letter, please contact Lauren Garcia at (919)
707-3648 or lauren.garciaCtncdenr.gov OR Brian Lambe at [phone] or
brian lambeftncdenr.gov.
Sincerely,
54
anWrenn, Acting Director
Division of Energy, Mineral and Land Resources

ATTACHMENT G
US Department of Energy Hurricane
Preparedness Fact Sheet for Industrial Sites

ATTACHMENT
Hearing Registration Sheets

SPEAKER SIGN IN SHEET
CPI USA North Carolina LLC — NPDES Permit NCO065099 & NCS000348
PUBLIC HEARING
BRUNSWICK COMMUNITY COLLEGE, BOLIVIA, NC
NOVEMBER 21, 2019 (THURSDAY)
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BRUNSWICK COMMUNITY COLLEGE, BOLIVIA, NC
NOVEMBER 21, 2019 (THURSDAY)
WRITTEN - — — - - -
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NON -SPEAKER SIGN IN S FIEET
CPI USA NORTH CAROLINA LLC - NPDES PERMIT NCO065099 & NCS000348
BRUNSWICK COMMUNITY COLLEGE, BOLIVIA, NC
NOVEMBER 21, 2019 (THURSDAY)
WHOM DO YOU REPRESENT?
Page 2 of 8

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NON -SPEAKER SIGN IN SHEET
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BRUNSWICK COMMUNITY COLLEGE, BOLIVIA, NC
NOVEMBER 21, 2019 (THURSDAY)
WRITTEN — - — -- -
NAME COMMENTS? WHOM DO YOU REPRESENT?
Y/N
Page 3 of 8

ATTACHMENT K
Written Comments

Denard, Derek
From: Kristin Goode <[e-mail]>
Sent: Friday, August 02, 2019 10:43 AM
To: Denard, Derek
Subject: [External] Public Comment Period for NPDES Permit NCO065009
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
As a resident of Brunswick County, I am firmly against allowing Capitol Power Plant in Southport to discharge "effluence"
into the canals, rivers, etc, that are noted in their permit application.
Sincerely,
Kristin Goode

Denard, Derek
From: Pete Key <[e-mail]>
Sent: Thursday, December 19, 2019 5:14 PM
To: Denard, Derek
Cc: Environmental Friend
Subject: [External] Public Comment - CPI USA NCDPES Permit
Attachments: CPI USA Public Comment Letter.docx
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Mr. Denard,
We deeply appreciate the opportunity you gave the citizens of Brunswick County, the Caswell Beach & Oak Island
Southport area specifically, to make personal comments on the permit to discharge harmful and toxic chemicals into
public waters in our area. We value the right to claim the right to clean water and environmental conditions. We have
seen the NCDEQ step in to ensure we all have that right protected many times in the past and we hope that you are able
to continue to do that in this case. You and your team did a great job putting together a presentation to help us better
understand the stakes in this permit. As an organization whose mission is to partner with local and state government to
educate and protect our citizens, we appreciate the work you have done so far.
Brunswick Environmental Action Team's comments on the permit are attached.
Warm Regards,
Pete Key - President BEAT
Oak Island, NC
910.448.4068
[e-mail]

�n�yYonment�j9
3r A
Dear Mr. Denard,
Brunswick Environmental Action Team (BEAT) thanks the staff at the NC Department of
Environmental Quality for allowing comments to be submitted on the proposed permit
application for CPI, USA. We appreciate the hard work that you and your staff provide for the
health and safety of the citizens of North Carolina.
BEAT is a group of Brunswick county residents whose mission is to embrace and support
conservation and protection of the environment as core values in personal, business, and
governmental decision making. The objective is to enhance, preserve, and maintain the
Brunswick County living experience. We have frequently come alongside local government
agencies to bring healthy and safe alternatives to challenging environmental issues in our
county. Because we support a healthy and safe environment for our residents we were very
concerned when we learned that CPI, USA ,was requesting a permit to dispose of toxic bottom
ash in the ocean, directly off Caswell Beach where our families and the families of tens of
thousands of North Carolinians recreate each year. We are also concerned about the impacts
these activities may have on the ocean ecosystems and wildlife. We have read that the toxic
chemicals CPI, USA is dumping are diluted to levels not harmful to humans and yet, if the
vacationing tourist knew that these chemicals were being dumped, at unknown times of the
year, they may be inclined to go elsewhere. This would endanger the economy we have built on
tourism on the southeastern shores of North Carolina. Therefore, we feel that no level of
bottom ash dumping is acceptable.
After reading the draft permit application, BEAT respectfully request the NCDEQ reject
the application to discharge these toxic compounds into the ocean. Instead, since as the permit
states, only 17,000 gallons a year are discharged, and a typical full size tanker truck is 11,000
gallons, CPI, USA should be required to capture the effluent and ship it via tanker truck to a
disposal facility similar to what Duke Energy is doing with their own coal ash. Two tanker truck
loads can't be too much of a burden on a company as large as Capitol Power. We believe that
none of this waste product should be allowed to reach the public, when such an easy
alternative exist. We also would feel more secure about the discharge from the plant if there
was a more frequent and cumulative sampling process implemented. The amount of water this
plant uses daily could easily be used to dilute any discharge of any chemical compound they
wished. We would like to see a much more accurate sampling taken over periods of time. There
was mention during the Public Comment session that indicated there was only one grab sample
every five years. If that is true, we find that wholly inadequate to ensure compliance with the
States benchmarks on an ongoing basis.
We believe that ADM and Duke Energy, our other local large corporations, are good
neighbors who do a lot of good in our communities. We support them in the endeavor to make
Brunswick County a great place to live and play. BEAT has no interest in causing our corporate

neighbors any undue regulatory burdens. We do, however, feel that it is our right to have the
freedom to enjoy our public waters and air without suffering the harm caused by lazy and
bottom dollar business practices. A company that produces toxic by-products should prevent
those products from reaching the public at all cost. If that cost is too much, then the process,
and the business model, are not viable. Short cuts that infringe on the public domain should not
be tolerated.
Sincerely,
Peter Key, President BEAT
Oak Island, NC

Denard, Derek
From: Betsy Burnish <[e-mail]>
Sent: Thursday, August 01, 2019 7:08 PM
To: Denard, Derek
Subject: [External] Capital Power Plant discharge permit
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Good evening,
I have just read about the request for a permit by Capital Power Plant to dump 17,000 gallons of ash every 6 months into
the Atlantic Ocean by Caswell Beach. As a resident of this area and a citizen concerned about the environment, I strongly
urge your agency to reject their request.
I can only imagine the logic behind such a request is that the ash will be diffused throughout the ocean. I believe this is
shortsighted and does not address the negative effects of large amounts of waste being placed in a living body of water.
The effects this could cause on the ecosystem of the ocean as well as the people that consume seafood and swim are
long reaching.
Please consider the effects this ash may have on our communities and ocean wildlife, and deny this permit request.
Thank you for your consideration.
Sincerely,
Betsy Burnish

Denard, Derek
From: Hunter Harrison <[e-mail]>
Sent: Monday, August 05, 2019 2:51 PM
To: Denard, Derek
Subject: [External] Draft NPDES Permit NC 00650099 CPI USA North Carolina, LLC - Town of Caswell Beach
Request for Extension of Public Comment Deadline
Attachments: 2019_8_5 Signed LTR OUT REQUEST FOR EXTENSION .pdf
n
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
�[e-mail]
Hello Mr. Denard,
Please see attached The Town of Caswell Beach Request for Extension of Public Comment Deadline letter.
Best Regards,
Hunter Harrison
Legal Assistant
1904 Eastwood Rd St 310A
Wilmington, NC 28403
(p) 910.332.0721 1 (p) 888.666.2094 1 (f) 888.290.7817
http://www.hu mph riesfirm. law
CONFIDENTIALITY NOTICE: This e-mail and any attachments constitute privileged and confidential attorney -client
communication, and/or confidential proprietary and/or trade secret information intended for the addressee only. This e-
mail and any attachments are covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and are
legally privileged. Unauthorized review, use, disclosure, distribution or copying is strictly prohibited. The information
contained in the e-mail and any attachments is intended only for the personal use of the recipient(s) named above. If
you are not the intended recipient you are notified that use, disclosure, distribution or copying is prohibited. If you
receive this e-mail in error, notify the sender at [phone] or by reply e-mail and destroy the original and all copies
of this e-mail and all attachments immediately without reading or saving in any manner.

'yl'umphries
LAW FIRM P.c.
August 5, 2019
VIA EMAIL
Derek Denard
[e-mail]
RE: Draft NPDES Permit NC 00650099 CPI USA North Carolina, LLC -
Town of Caswell Beach Request for Extension of Public Comment
Deadline
Dear Mr. Denard,
It is my understanding that today is the deadline for public comment on the above
referenced renewal permit. I am the Town Attorney for the Town of Caswell Beach and
the Town only recently learned about the pending deadline. The proposed renewal
permit effects the Town of Caswell Beach and its residents and the Town would like the
opportunity to gain a greater understanding of the impact of the potential renewal prior to
making public comment. An extension would allow the Town to investigate and gain
insight from experts and individuals with a greater understanding of how the proposed
renewal permit effects the Town of Caswell Beach. If you have any questions or
concerns, please do not hesitate to contact me.
Sincerely,
1 Justin
p,
Jun Humphries,
Attorney at law
910.332.0721 1904 Eastwood Road, Ste 310A, Wilmington, NC 28403 [e-mail]

Denard, Derek
From: Justin Humphries <[e-mail]>
Sent: Tuesday, August 06, 2019 9:00 AM
To: Denard, Derek
Cc: Hunter Harrison
Subject: [External] NPDES Permit NC 00650099 CPI USA North Carolina, LLC - Town of Caswell Beach Request
for Extension of Public Comment Deadline
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Lre [e-mail]
Mr. Denard,
The Town requests 30 days to prepare comments.
Best regards,
JUSTIN K. HUMPHRIES
Attorney at law
�yl'umphries
LAW FIRM v.c.
1904 Eastwood Rd
Suite 310A
Wilmington, NC 28403
(p) 910.899.8584 1 (p) 888.666.2094 1 (f) 888.290.7817
http://www.humphriesfirm.law
CONFIDENTIALITY NOTICE: This e-mail and any attachments constitute privileged and confidential attorney -client
communication, and/or confidential proprietary and/or trade secret information intended for the addressee only. This e-
mail and any attachments are covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and are
legally privileged. Unauthorized review, use, disclosure, distribution or copying is strictly prohibited. The information
contained in the e-mail and any attachments is intended only for the personal use of the recipient(s) named above. If
you are not the intended recipient you are notified that use, disclosure, distribution or copying is prohibited. If you
receive this e-mail in error, notify the sender at [phone] or by reply e-mail and destroy the original and all copies
of this e-mail and all attachments immediately without reading or saving in any manner.

Denard, Derek
From: Chris Clarke <[e-mail]>
Sent: Thursday, December 12, 2019 10:10 AM
To: SVC_DENR.publiccomments
Subject: [External] CPI permit application (NPDES permit# NCO06SO99 & NC000348)
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
My wife and I were at the Public Hearing regarding the renewal of the above permits for CPI USA NC LLC on 11/21/19.
We are residents of Southport, living at 612 W. Brown St., Unit D, Southport, NC 28461. Thank you for holding this
informational meeting. I wanted to express my concerns regarding the fuels that CPI is currently burning to generate
electric power.
I understand from the information at the meeting and the South Port Pilot news paper that CPI is not dumping any ash
from their operations into the water, but I strongly oppose allowing this company to continue to burn old railroad ties
(previously treated with creosote) and old used shredded tires; which are both full of toxic chemicals. I have personally
seen the ash residue from their process falling on homes near the plant and several people attending the meeting that
live in neighborhoods near the plant mentioned the same. Even if the water CPI is allowed to add to the Duke Power
cooling water discharged to the Cape Fear River site has no ash in it, the ash in their power generation process is getting
into the atmosphere and ultimately back into the environment and waterways!
It's time that we wake up and start making some tough (smart) decisions regarding what we are doing to the
environment that we all are live in. Increasingly we see more information regarding toxic chemicals being found in the
air and water. Drinking water supplies are continually found to have more and more contaminants in them; "GenX" is
one sad example in our area that we are dealing with! Aside from the drinking water issue our fish stocks and the marine
life are also being fouled by these chemicals. All of these issues have health impacts on all us and will continue to get
worse unless we wake up and take a stand now.
The bottom line is that I ask your agency, in considering the CPI permit renewal, to require them to burn fuels that are
known to be as clean (non -toxic) as possible, such as natural gas. I did see that the burning of coal has largely been
curtailed, which is certainly a positive, but old railroad ties and shredded tires are not in any way clean and non -toxic
and those fuels need to be eliminated now!
Thank you again for holding the meeting on 11/21 and considering input from the public prior to proceeding with the
renewals for the CPI permits mentioned above.
Respectfully,
Chris L. Clarke
612 W. Brown St., Unit D
Southport, NC 28461
email: [e-mail]
ph. [phone]

Denard, Derek
From: Phil Dudley <[e-mail]>
Sent: Friday, November 22, 2019 9:51 AM
To: SVC_DENR.publiccomments
Cc: Dudley Phil; Sue Dudley; Nicholas Jimenez
Subject: [External] CPI Renewal Permit
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
At the public hearing last night it was shocking to learn that the CPI operating permit has had so little state oversight. I
am a resident of Oak Island and have a vested interest in the water discharge. Frankly, it is beyond belief that CPI
performs its own monitoring and that the permit allows ash to be pumped into the ocean.
Self Monitoring
The only testing of the water discharge is done by CPI themselves and only once per year - did I hear that
correctly?! Please require the new permit to have testing performed by an independent third party and randomly each
and every month. Please set limits on all heavy metals and arsenic.
CPI is a business focused on profits. That's fine, capitalism works, but it works best for all when we have state oversight
of air and water discharges that effect the larger population.
If I was the CPI owner would I perform my self test while I was discharging ash from burning tires and creosote treated
railroad ties?
Ash Discharge
Where else in the state do we permit power plant ash to be discharged into public waters? That is the way third world
countries deal with power plant ash. Ash needs to be retained and land -filled in monitored, lined facilities.
Please protect the citizens North Carolina and preserve our natural resources!
All the best,
Phil Dudley
218 Sellers St.
Oak Island, NC 28465

Denard, Derek
From: Brittany Pace <[e-mail]>
Sent: Friday, August 02, 2019 4:38 PM
To: Denard, Derek
Subject: [External] DEQ/ DWR/ NPDES Program
Attachments: Fort Caswell Letter Regarding CPI 07.31.19.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Mr. Denard,
Please accept the attached letter from Fort Caswell regarding the Draft NPDES Permit NC00650099,
Southport Power Plant (CPI). We wanted to express our concerns about the CPI renewal permit. If you have
any questions, please let me know.
Sincerely,
Brittany Pace
Environmental Stewardship Program
Coastal Education Coordinator
(P) 910-278-9501
� fA�"`FORT CASWELL
COASTAL itETREAT & C.C�NFE-RE-MC:E CE ITE-R.

0IFFORTCASWELL
COASTAL RETREAT & CONFERENCE CEN TER
July 31, 2019
Derek Denard, Environmental Specialist
Division of Water Resources
N.C. Department of Environmental Quality
derek.denard�7a,,ncdenr.gov
RE: Draft NPDES Permit NCO0650099
CPI USA North Carolina, LLC — Southport
Brunswick County
Dear Mr. Denard,
Fort Caswell would like to submit the following comments on the proposed
National Pollutant Discharge Elimination System ("NPDES") renewal permit for CPI
USA North Carolina, LLC's ("CPI") Southport Power Plant, noticed for public comment
by the North Carolina Department of Environmental Quality ("DEQ").
Surrounded by the salt marsh, Cape Fear River, and Atlantic Ocean, Fort Caswell is at the
eastern end of a south -facing barrier island known as Oak Island. Fort Caswell is owned
and operated by the Baptist State Convention of North Carolina and is on the National
Register of Historic Places. Our campus sees thousands of people every year who enjoy
recreational and educational water activities in the Caswell Beach area. We want to
ensure the safety of our guests to do so want to make sure contamination associated with
wastewater discharge from the CPI is eliminated. It's our understanding that the
discharge empties into the Atlantic Ocean at Caswell Beach.
We request that DEQ go further to limit contaminants associated with the bottom ash
transport water, coal pile runoff, wood and tire derived fuel pile runoff, and other
wastewaters (boiler feed water, boiler blowdown, and misc. sumps), discharged from this
facility. The current draft permit needs to include the following as requirements: stronger
preventative measures, more frequent monitoring of all Outfalls, physical testing the
wastewater for listed pollutants, compliance with water quality based effluent limits, and
prevent discharge of hazardous chemicals. It is imperative to require effective
pretreatment protocols and comprehensive monitoring of discharge from CPI to protect
human health and the environment.
Sincerely,
Britta P ce
Coastal Education Coordinator
Brian Hemphill
Fort Caswell Director
100 CASWELL BEACH RD - OAK ISLAND, NC 28465
[phone] - WWW.FORTCASWELL.COM

Denard, Derek
From: Kennedy Gilly <[e-mail]>
Sent: Friday, August 02, 2019 10:44 AM
To: Denard, Derek
Subject: [External] Coal Ash Capitol Power Plant
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
I'm digging into this now but I don't think I'd want to eat any fish from that big box off Caswell Beach until my science
friends give me the green light. The Capitol Power Plant in Southport is applying for a new permit to discharge
"effluence" into the canal that empties into that box. What I know is, the power plant burns half adulterated wood,
creosote wood/treated lumber, and half tires to generate steam which the feed to ADM and Duke Energy. The ash gets
concentrated in lagoon which they pump off twice a year and scrape out the contents which the truck off. The residual
bottom ash (coal ash), about 17,000 gallons gets washed into the Atlantic ocean. The Comment period ends tomorrow,
August 2nd. Contact Derek Danard at NCDEQ email, [e-mail]

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Don't let this happen Mr. Denard! We've already had enough issues with coal ash. Duke Energy and other similar
companies can go to hell.
ra

11/26/2019 RECEIVED
Mr. Derek Denard DEC 4 5 Y019
N.C. Division of Water Resources
Water Quality Permitting Section,
1617 Mail Service Center, Raleigh, N.C. 27699-1617 NCDE,.,,,vKi'NPDES
Dear Mr. Denard,
My wife and I are residents of "Harbor Oaks", Southport, NC 28461 and live only a few miles from the
Capital Power (CPI) USA North Carolina LLC. I believe CPI is a Canadian owned company. This plant, according to
web information, is an 88-megawatt power plant that burns coal, tires, and wood. Capital Power sells steam to the
nearby Archer Daniels Midland plant and sells electricity generated by its superheated steam to its neighbors at
Duke Energy's Brunswick Nuclear Plan.
Harbor Oaks is one of the three (3) mid -size subdivision located about .5 +/- miles from the CPI plant. Each day
Harbor Oaks residents, and I am sure others, witness daily, CPI's release of what many describe as harmful
elements, which may or may not contain cancer causing carcinogens into the atmosphere. The plant, while
burning a tremendous amount of what appears to be cresol treated wood and tire -rubber, in addition to dumping
its significant waste into the Duke Energy canal that ends up in the Atlantic Ocean, also generates a significant
amount "black" smoke from its smokestack. As the result of this "black smoke" discharge, our homes and
vehicles are often covered in a black soot type substance. At one point a year or so ago, CPI, after the city of
Southport complained, CPI admitted that there was a malfunction of the CPI smoke discharge operation, and
agreed to pay for having our homes power washed and vehicles cleaned. Although I guess "things" harmed by the
CIP operation, can be cleaned, I am more concerned that this soot like substance in the air is also entering our
lungs may be a contributing factor respiratory illness and perhaps even cancer.
I do not claim to be an environmental expert, and I am certainly not a chemist. However, I believe, at a minimum,
the CPI operation is likely damaging our environment (if not the people who live nearby the plant) and whoever at
the "North Carolina state government level" is responsible for environment/health issues such as this needs to
address and fix this problem.
Since"y,
G n rc c o
608 ullivan's Ridge Road
Southport, NC 28461

Denard, Derek
From: Steve Jones <[e-mail]>
Sent: Friday, August 02, 2019 1:11 PM
To: Denard, Derek
Subject: [External] Caswell Beach Runoff
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
I own two homes in OKI and visit Caswell regularly and encourage others to do so.
If the pollution run-off or discharge "effluence" is allowed there will be no more visits to Caswell.
Please Sir turn this request down.
Sincerely,
Johnie Jones

Denard, Derek
From: Pete Kozloski <[e-mail]>
Sent: Friday, November 29, 2019 12:26 PM
To: SVC_DENR.publiccomments
Subject: [External] CPI Renewal
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Hypothetical .... My company, from Canada, wants to build a power plant in Southport, NC. We will be providing power
and steam to local companies. We plan on burning, coal, railroad ties and tires. We will dispose of our wastewater and
storm water, approximately 400 thousand gallons daily, into the Atlantic Ocean. We will have approximately 250 trucks
a day, delivering materials and removing ash. All of our technology will be from 1987. The plant will generator noise,
that will be heard for miles around the plant, all day long, 7 dgys a week. And ash will be a constant problem for the
surrounding facilities and neighborhoods. What are the chances of this plant being approved today?
I think I have made my point. Unless CPI can meet todays federal, state and local government standards, the plant
should be shut down.
Peter Kozloski
5134 Prices Creek Dr.
Southport, NC 28461
207-409-6910

Denard, Derek
From: Lynne Marvin <[e-mail]>
Sent: Friday, December 13, 2019 9:02 AM
To: SVC_DENR.publiccomments
Subject: [External] CPI Permit Renewal
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
As residents of Caswell Beach we are seriously concerned with the potential of harmful bottom ash
wash and other pollutants being released into our waters, both river and ocean. We would like you to
insure that the plant's pollution controls installed in 1987 have been upgraded to standards currently
available. As we are having stronger and more frequent storms, CPI should be required to insure that
they have included adequate safeguards to protect us.
DEQ should require scans for priority pollutants at least once every year rather once every permit
period (every five years). Tests should be based on composite samples rather than grab
samples. Some sampling should be done by an outside independent source rather than depending
on self reporting by CPI alone.
It is our understanding that testing is being done for our fresh water, but we strongly feel that testing
should also be done for our salt water. A healthy beach and clean water is essential to our residents
as well as the many families who visit our beach every year.
Clark and Lynne Marvin

Denard, Derek
From: Vicki MORRISON <[e-mail]>
Sent: Sunday, December 22, 2019 2:56 PM
To: SVC_DENR.publiccomments
Subject: [External] CPI
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
My husband and I are residents of Southport and recently attend the public hearing for CPI permit renewal. At the
meeting, it was mentioned that CPI initially received approval to burn coal, tires and treated wood in Southport in 2006.
Part of the reason that CPI was granted this permit was due to the fact that in 2006, Southport was deemed to be a
"rural" area with approximately 2500 residents. It is important to note that since this permit was granted, our town has
grown to a population of approximately 3800 residents. We are currently experiencing a 58.4% growth rate. CPI
discharge of waste and noxious gases is affecting more and more of the residents who are part of this town. We are no
longer a rural area and, in my opinion, it is time for DEQ to recognize that and deny a permit to this facility.
Vicki Morrison
513 Majestys Court
Southport, NC 28461

Denard, Derek
From: Brittany Mowery <[e-mail]>
Sent: Friday, August 02, 2019 2:59 AM
To: Denard, Derek
Subject: [External] Capitol power plant permit
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
The Capitol Power Plant in Southport is applying for a new permit to discharge "effluence" into the canal. What I know
is, the power plant burns half adulterated wood, creosote wood/treated lumber, and half tires to generate steam which
they feed to ADM and Duke Energy. The ash gets concentrated in lagoon which they pump off twice a year and scrape
out the contents which they truck off. The residual bottom ash (coal ash), about 17,000 gallons gets washed into the
Atlantic ocean.
Please do not allow this permit to progress. We just moved from Salisbury, NC. Our water table was contaminated and
was causing cases of cancer all from our well water. Due to Duke powers negligence with their coal ash. My children and
their peers will come in contact with that water, our beautiful wildlife will suffer, the further sickness of natural reefs will
only worsen.
This is one of the small moments that will greatly impact the world for our children and grandchildren. Please do the
right thing and not let this happen. There's no amount of dilution that coal ash will undergo when being flushed out that
will make it safe. Then duke will try to further hike our prices to clean up their negligent mess again like they are already
doing. We already know these aren't good or morally right practices. We can not let it continue!
Our children dont deserve heightened risks of developing cancer. Before a decision is made maybe any one who gets a
final say in this should walk a Childrens cancer ward and see the suffering and hopelessness.
Brittany L. Mowery

Garcia, Lauren V
From: [e-mail]
Sent: Saturday, September 14, 2019 8:15 AM
To: Garcia, Lauren V
Subject: [External] CPI USA North Carolina LLC Discharge Permits
Follow Up Flag: Follow up
Flag Status: Flagged
i
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Please accept this written comment requesting that the discharge permits requested by CPI USA be denied. No
discharge from their operations should be allowed in the ocean or other waterways.
Thank you for your consideration.
Diane Baldwin
2571 West Dolphin Drive
Oak Island, NC 28465
1

Garcia, Lauren V
From: Kurt Conner <[e-mail]>
Sent: Friday, September 13, 2019 4:55 PM
To: Garcia, Lauren V
Cc: Chandra Taylor; Nick Jimenez; [e-mail]; [e-mail]
Subject: [External] CPI Southport Stormwater Permit Comments - Draft NPDES Permit
NCS000348
Attachments: 2019-09-13 CPI Southport Stormwater Comment Letter.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Dear Ms. Garcia:
On behalf of Cape Fear River Watch, North Carolina Coastal Federation, and Attorneys Chandra Taylor and Nick Jimenez
of the Southern Environmental Law Center, I submit the enclosed comment letter for Draft NPDES Permit NCS000348.
Please contact me if you have any questions.
Thank you.
Kurt Conner
Legal Assistant
SOUTHERN
ENVIRONMENTAL
LAW CENTER
601 West Rosemary Street, Suite 220
Chapel Hill, North Carolina 27516-2356
Phone: [phone] x126; Fax: [phone]
www. SouthemEnvironment. ora
This electronic message and any attached files are confidential and are intended solely for the use of the
addressee(s) named above. This communication may contain material protected by attorney -client, work
product or other privileges. If you are not the intended recipient or person responsible for delivering this
confidential communication to the intended recipient(s), and/or you have received this communication in error,
then any review, use, dissemination, forwarding, printing, copying or other distribution of this email message
and any attached files is strictly prohibited. If you have received this confidential communication in error,
please notify me immediately by reply email message and permanently delete the original message.
`,A Please consider the environment before printing this email.

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone] WEST ROSEMARY STREET, SUITE 220 Facsimile 919-929-9421
CHAPEL HILL, INC 27516-2356
September 13, 2019
Via E-Mail
Lauren Garcia
NPDES Industrial Stormwater Program
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, NC 27603
[e-mail]
Re: Draft NPDES Permit NCS000348
CPI USA North Carolina, LLC — Southport Plant
1281 Powerhouse Drive
Southport, NC
Brunswick County
Dear Ms. Garcia,
On behalf of Cape Fear River Watch, North Carolina Coastal Federation, and itself, the
Southern Environmental Law Center submits these comments on the proposed National Pollutant
Discharge Elimination System ("NPDES") stormwater renewal permit for CPI USA North
Carolina, LLC's ("CPI") Southport Power Plant ("Draft Renewal Permit") recently noticed for
public comment by the North Carolina Department of Environmental Quality ("DEQ") and its
Division of Energy, Mineral and Land Resources ("DEMLR").
For reasons set forth below, DEMLR should strengthen the draft permit. Stormwater
discharges from the Southport Power Plant appear to exceed the water quality standards that
apply to Price Creek on occasion, indicating a need for better control measures. In addition, the
low-lying coastal site is highly vulnerable to severe storms and flooding. Storms increase the
likelihood that contaminants will escape from the site in stormwater. Stormwater at the site
collects from areas that contain a wide variety of hazardous materials, including tens of
thousands of gallons of transformer oil that may contain highly toxic polychlorinated biphenyls
("PCBs"). Finally, the draft permit does not ensure that coal pile runoff that escapes
channelization to the wastewater system will meet the effluent limitation guidelines.
Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington, DC

1. Price Creek and the Lower Cape Fear River
Stormwater from the Southport Power Plant discharges into Price Creek, a tributary of
the Cape Fear River.' The General Assembly declared that "among North Carolina's most
valuable resources are its coastal lands and waters" which have "extremely high ... esthetic
value. ,2
The coastal and marine environment surrounding Price Creek and the lower Cape Fear
River is no different, boasting a spectacular tidal creek and marsh system and supporting myriad
valuable natural resources. Among those resources are fish habitats vital to the State's economy.
Parts of this area have been designated as essential fish habitat or habitat areas of particular
concern under the Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C.
§§ 1801-91, to protect a variety of species, including red drum, king and Spanish mackerel,
cobia, Atlantic butterfish, bluefish, summer flounder, shrimp, ten shark species, and over fifty
snapper -grouper species.3 The lower Cape Fear River is also designated as critical habitat for the
federally endangered Atlantic sturgeon, which can live up to sixty years and travels upriver to
spawn. Hundreds of acres of riverine, estuarine, and nearshore coastal waters up and down the
coast, including those surrounding the mouth of the Cape Fear River, serve as nursery areas
where post -larval and juvenile development of young finfish and crustaceans takes place.4
Sea turtles are commonly found within the estuarine and coastal zone surrounding the
Cape Fear River mouth, as neighboring Caswell Beach and Bald Head Island are important
nesting grounds for these animals. North Carolina is home to five species of sea turtle, including
the federally threatened loggerhead sea turtle. Both nesting and non -breeding sea turtles of all
ages can be found in inshore and nearshore waters throughout the year.5 Sea turtles are iconic
' N.C. Dep't of Envt'l Quality, Div. of Energy, Mineral, and Land Res., Permit to
Discharge Stormwater Under the National Pollutant Discharge Elimination System No.
NCS000348 at 1 (2019) (hereinafter "Draft Stormwater Permit").
2 N.C. Gen. Stat. § 113A-102.
3 S. ATL. FISHERIES MGMT. COUNCIL, ESSENTIAL FISH HABITAT —HABITAT AREAS OF
PARTICULAR CONCERN (EFH-HAPC) AND CORAL HABITAT AREAS OF PARTICULAR CONCERN (C-
HAPC), htlp:Hsafmc.net/M-content/uploads/2016/06/EFH-HAPC20Table.pdf.
4 See 15A N.C. Admin. Code 3I.0101(4)(f) (differentiating between primary, secondary,
and special secondary nursery areas).
5 Sheryan P. Epperly, et al., Sea Turtles in North Carolina's Waters, CONSERVATION
BIOLOGY (Apr. 1995).
2

elements of the tourism industry in North Carolina. On neighboring Bald Head Island, sea turtle
viewing activities bring in as much as thirty million dollars per year in tourism spending.6
The diversity of habitats found on Bald Head and Oak Islands which border the Cape
Fear River mouth supports a great diversity of bird life throughout the year; over 330 species of
bird have been spotted in this region, from bald eagles to piping plovers. A network of bird
sanctuaries stretches across the five Brunswick barrier islands, making this region a paradise for
birders. Thousands of shorebirds stop over during winter migration, utilizing the extensive tidal
flats, marshes, and beaches. Bald Head Island supports the state's largest population of breeding
painted buntings, and the lower Cape Fear River supports the state's largest group of great
cormorants.8 In addition, dozens of marine mammal species frequent North Carolina's nearshore
waters and can often be seen from the oceanfront. Examples of such species include humpback
whales, bottlenose dolphins, and West Indian manatees.
2. Southport Power Plant
Southport Power Plant is an eighty-eight megawatt power facility located in Southport,
near the mouth of the Cape Fear River and just down the street from Duke Energy Progress'
Brunswick Nuclear Power Plant. CPI sells steam from the plant to the food industry giant
Archer Daniels Midland Company, and sells electricity to Duke Energy under a power purchase
agreement. Alberta -based CPI purchased the plant in 2006. In 2008,9 it converted the plant from
burning coal to burning "a combination of TDF (z 40%), wood (z 50%), and coal (z 10%) on a
heat input basis," although "each of the boilers is permitted to burn up to 50% of TDF on a heat
input basis."10 "TDF," or "tire -derived fuel," is essentially old tires that have been shredded,
6 Kate Elizabeth Queram, Report — Sea Turtles Have Economic Impact, STAR NEWS
(Dec. 4, 2013), http://www.stamewsonline.com/news/20131204/report---sea-turtles-have-
economic-impact.
7 Brunswick Islands Birding, N.C.'s BRUNSWICK ISLANDS,
https://www.ncbrunswick.com/activity/brunswick-bird-watching (last visited Jul. 24, 2019).
8 Bald Head — Smith Island, AUDUBON, hM2s://www.audubon.or /g important-bird-
areas/bald-head-smith-island (last visited Sept. 13, 2019).
9 See Letter from Brad Newland, Regional Air Quality Supervisor, Division of Air
Quality, NCDEQ, to Frank Hayward, Plant Manager, CPI USA North Carolina —Southport
Plant, July 12, 2018 (discussing emissions of carbon monoxide, sulfur dioxide, and particulate
matter significantly higher than projected emissions in permit application for 2008 boiler control
retrofit and increased wood/biomass firing project) (available on Laserfiche).
10 Draft Wastewater Permit Fact Sheet 2 (available on request).

which likely would otherwise be landfilled.11 CPI has received permit modifications to burn
"adulterated resinated wood," to burn creosote -treated wood, and to construct and operate a "new
rail tie grinder," among other activities.12
The stormwater associated with steam electric generation power plants varies depending
on the activities conducted outside, hydrogeology, type, duration, and intensity of precipitation
events, and other factors.13 Stormwater from the Southport facility flows into Price Creek, which
is downhill from the site, 14and the stormwater system appears to collect stormwater from the
downhill portion of the majority of the site.15 The stormwater likely contains any runoff not
proactively captured and routed to the facility's wastewater system. Even stormwater sources
that are intended to be captured and routed to wastewater outfalls likely will be discharged as
stormwater during severe storms, particularly when the site is flooded. For example, the pad in
the coal storage area directs runoff to the wastewater treatment system via a concrete -lined
ditch.16 Recent discharge monitoring reports show that stormwater from the facility contains
elevated levels of aluminum, antimony, arsenic, boron, chromium, copper, lead, nickel,
selenium, and zinc.17
Specific sources of stormwater at the facility include: the transformer yard, including
main transformers and auxiliary transformers, containing a total of approximately 22,000 gallons
of transformer oil; the turbine building, including a turbine oil tank containing 2,000 gallons of
lubricating oil and an electro-hydraulic controller 160 gallons of hydraulic oil; the oil trap pit
containing as much as 12,160 gallons of miscellaneous oil; the demineralizer building, including
acid tanks, caustic tanks, and a drum storage area, containing 4,600 gallons of sulfuric acid and
11 Tire Derived Fuel (TDF)—Overview, SCRAP TIRE NEWS (last visited Aug. 2, 2019),
https:Hscraptirenews.com/tdf php.
12 Draft Wastewater Permit Fact Sheet 3.
13 U.S. ENVT'L PROT. AGENCY, INDUSTRIAL STORMWATER FACT SHEET SERIES: SECTOR
O: STEAM ELECTRIC POWER GENERATING FACILITIES, INCLUDING COAL HANDLING AREAS, EPA-
833-F-06-030 at 2 (2006), https://www.epa.gov/sites/production/files/2015-
10/documents/sector o steamelectricpower.pdf.
14 Draft Stormwater Permit i, 2.
15 See Southport Site Plan (July 25, 2013) (available on Laserfiche).
16 Capital Power Corp., Stormwater Outfall Evaluation and Best Management Plan
Summary 2 (Feb. 3, 2014) (available on Laserfiche); see also Southport Plant Site Plan (July 25,
2017) (available on Laserfiche) (showing locations of fuel piles and storm drains).
17 Stormwater Discharge Monitoring Reports (May 28, 2015 & Nov. 2, 2015) (available
on Laserfiche).
19

4,600 gallons of sodium hydroxide; the rail car unloading area, including a diesel fuel tank
containing 300 gallons of diesel fuel and a 30 gallon hydraulic oil tank; the pump house,
including a 300-gallon diesel fuel tank for a back-up pump and a 125-gallons of transformer oil
for the electric fire pump transformer; the oil storage room containing 300 gallons of used oil and
miscellaneous oil products; the wastewater building, including acid drums with 55 gallons of
sulfuric acid and caustic drums with 55 gallons of sodium hydroxide; and the cooling tower area
including a chemical storage area with 2,000 gallons of an unidentified proprietary chemical, and
a sulfuric acid storage area with 2,110 gallons of sulfuric acid.18
Although not listed above, according to the facility's wastewater permitting materials,
exposed materials also include fly ash stored at ash silos and unloading stations.19 Management
practices for these materials include "good housekeeping" and a wet slurry for fly ash,
containment and a sand filter for proprietary chemicals, and secondary containment for the diesel
and oil.20 Ash could enter the stormwater if dikes fail or are overtopped.21
Accordingly, a wide variety of materials at the facility are exposed to precipitation.22 Of
greatest concern is approximately 22,000 gallons of transformer oil, which often contains highly
toxic PCBs.23 The transformer oil tanks do not have full -volume secondary containrnent.24
According to the CPI's "materials management practice and control measures (BPMs),"
transformer oil is handled by "Gravity discharge to Oil Trap Pit; oil is removed; accumulated
18 Southport Power Plant Expansion Construction Documents, Site Layout Map, Fig. 2
(July 25, 2013) (available on Laserfiche).
19Id. at PDF 31-32.
20 Id.
21 See Capital Power Corp., Stormwater Outfall Evaluation and Best Management Plan
Summary 2 (Feb. 3, 2014) (available via DEMLR Laserfiche).
22 See also Renewal Application for NPDES Wastewater permit NC00650099, Table A
(PDF 31-32).
23 CPI states on its website that Southport started in 1987. Southport Power Plant,
CAPITAL POWER, https://www.capitalpower.com/operations/southport-power-plant/ (last visited
Aug. 2, 2019). Manufacture of PCBs was banned in the US in 1977. If the facility purchased all
new equipment and materials, it is unclear if PCBs would be present in the transformer oil. In
addition, in its last draft NPDES wastewater permit for the facility, the Division of Water
Resources specifically prohibited the facility from discharging PCBs, indicating that DWR
believes the chemicals to be present.
24 Renewal Application for NPDES Wastewater Permit NC00650099 at PDF 29 (stating
simply that "Any spillage from these tanks and transformers would normally be contained.").

stormwater is pumped to Wastewater Basin."25 The application further states that the method of
stormwater treatment is "none."26 This presents several problems discussed in separate
comments on draft NPDES wastewater permit NC00650099, but it is also relevant here.
Although oil is expected to drain to the oil trap pit, during a severe storm the site easily can
flood27 and spread these materials through stormwater to Price Creek —and as stated above, the
entire transformer yard is a source of stormwater.
Any runoff from the fuel piles at the facility that escapes the wastewater system —such as
during a severe storm —likely contains a variety of serious contaminants. Coal contains multiple
constituents of concern, including metals such as antimony, arsenic, barium, beryllium,
cadmium, chromium, lead, mercury, nickel, selenium, silver, and thallium,28 among many
others.29 Adulterated wood may contain any number of contaminants, including arsenic,
chromium, and lead .30 Creosote is a mixture of hundreds of chemicals including polycyclic
aromatic hydrocarbons ("PAHs"), phenol, and creosols.31 Creosote may be carried by water and
bio-accumulate in plants and animals such as snails, shellfish, and oysters.32 Exposure to
" Id. at PDF 31.
26 Id.
27 See John Murawski, Floods limit access to Duke's Brunswick nuclear plant; crews use
porta potties, cots, THE NEWS & OBSERVER (Sept. 17, 2018 12:27AM),
htlps://www.newsobserver.com/news/local/article2l8530735.html.
28 See Hazardous and Solid Waste Management System; Disposal of Coal Combustion
Residuals From Electric Utilities, 80 Fed. Reg. 21301 (Apr. 17, 2015),
https://www.federalre ig'ster.gov/documents/2015/04/17/2015-00257/hazardous-and-solid-waste-
management-system-disposal-of-coal-combustion-residuals-from-electric.
29 See 40 C.F.R. § 257.96(a) (referencing constituents listed in Appendix IV); 40 C.F.R.
§ Pt. 257, App. IV (listing Constituents for Assessment Monitoring).
30 See U.S. ENVT'L PROT. AGENCY, WOOD PRODUCTS IN THE WASTE STREAM —
CHARACTERIZATION AND COMBUSTION EMISSIONS, VOL. I TECHNICAL REPORT 7-22 to 7-23
(1996),
htlps://cfpub.epa. ovg /si/sipublic _record _report. cfm?Lab=NRMRL&dirEntryId=115188.
31 U.S. DEP'T OF HEALTH AND HUMAN SERVS., AGENCY FOR TOXIC SUBSTANCES AND
DISEASE REGISTRY, CREOSOTE HEALTH EFFECTS: FORMER KERR MCGEE (TRONOX) FACILITY 1
(2006),
htlps://www.atsdr.edc. gov/sites/KerrMcGee/docs/Creosote%20Health%20Effects%20(Tronoxp
df.
32 Id. at 1-2.

creosote causes a wide variety of health problems ranging from stomach pains to convulsions,
birth defects, and cancer.33
These materials are harmful if released into the human environment, and the threat of
release grows each year as climate change makes severe storms more frequent and more severe.
Again, the greatest concern is the potential release of PCBs. PCBs, a known human carcinogen,
are present in transformer oil. When PCBs are exposed to stormwater and carried into
waterbodies, they end up settling in sediment. The main concern over PCBs in marine
environments is their high bioaccumulation capacity. PCBs have a high affinity for organic,
particulate matter, meaning they easily settle and become attached to ocean sediments. Small
benthic organisms like crustaceans feeding on bottom materials consume the PCBs and are
subsequently consumed by larger organisms. The effects of PCBs are greatly magnified as they
continue to accumulate up the food chain and persist in the fatty tissues of large animals like sea
turtles and marine mammals. Studies have shown that relatively low concentrations of PCBs in
aquatic environment can result in the accumulation of relatively high levels in aquatic animals.34
Marine mammals are particularly vulnerable to the toxic effects of PCBs because of their
high trophic level, long life span, and high fat content.35 For example, bottlenose dolphins off
the coast of South Carolina and Georgia have suffered from the effects of PCB contamination
from a Superfund site in Brunswick, Georgia.36 Scientists have demonstrated that this exposure
caused anemia, reduced endocrine function, and decreased immunity within the population.37
Compromised immune function in marine mammals is especially concerning, as it can leave
individuals more susceptible to infectious diseases and spread quickly among social groups,
33 Id. at 2-3.
34 Fact Sheet, Polychlorinated Biphenyls — ToxFAQs, AGENCY FOR Toxic SUBSTANCES &
DISEASE REGISTRY (ATSDR) (Jul. 2014), htips://www.atsdr.cdc.gov/toxfaqs/tfactsl7.pdf.
35 See Alex Aguilar, et al., Biological factors affecting variability of persistent pollutant
levels in cetaceans, J. CETACEAN RES. MGMT. (1999).
36 Brian C. Balmer, et al., Relationship between persistent organic pollutants (POPS) and
ranging patterns in common bottlenose dolphins (Tursiops truncatus) from coastal Georgia,
USA, Sci. TOTAL ENVT (Feb. 2011).
37 Lori H. Schwacke, et al., Anaemia, hypothyroidism and immune suppression
associated with polychlorinated biphenyl exposure in bottlenose dolphins (Tursiops truncatus),
PROC. ROYAL Soc'Y B: BIOL. SCI. (May 2011).
7

leading to large-scale population mortality.38 In addition, female dolphins contaminated with
PCBs can pass them on to their young, leading to reproductive failure or calf death.39
Although sea turtles accumulate lower concentrations of PCBs than marine mammals,
exposure can nonetheless lead to a variety of negative impacts. In loggerhead sea turtles, PCB
exposure has been shown to cause anemia, reduced immune function, and generally poor body
condition.40 Since PCBs are often stored in fat cells, contamination may also lead to pansteatitis,
or "yellow fat disease," in sea turtles, which causes extreme inflammation and swelling of fatty
tissues.al
3. Clean Water Act Permitting
"The Clean Water Act was enacted to restore and maintain the chemical, physical, and
biological integrity of the waters of the United States. It establishes a goal of eliminating the
discharge of pollutants to [waters of the United States] ."42 To accomplish this goal, the Act
prohibits discharging any pollutant except in compliance with certain provisions of the Act.a3
The primary exception to liability is for discharges made pursuant to a National Pollutant
Discharge Elimination System ("NPDES") permit.44 NPDES permits control pollution by setting
(1) limits based on the technology available to treat pollutants ("technology based effluent
38 See, e.g., Marie-Franroise Van Bressem, et al., Cetacean morbillivirus: Current
knowledge and future directions, VIRUSES (Dec. 2014).
39 Randall S. Wells, et al., Integrating life -history and reproductive success data to
examine potential relationships with organochlorine compounds for bottlenose dolphins
(Tursiops truncatus) in Sarasota Bay, Florida, SCI. TOTAL, ENV'T (Oct. 2005).
40 See, e.g., Maria Camacho, et al., Potential adverse health effects ofpersistent organic
pollutants on sea turtles: Evidences from a cross -sectional study on Cape Verde loggerhead sea
turtles, So. TOTAL, ENv'T (Aug. 2013); Jennifer M. Keller, et al., Effects of organochlorine
contaminants on loggerhead sea turtle immunity: Comparison of a correlative field study and in
vitro exposure experiments, ENVTL,. HEALTH PERSP. (Jan. 2006); Jorge Orbs, et al., High levels of
polychlorinated biphenyls in tissues of Atlantic turtles stranded in the Canary Islands, Spain,
CHEMOSPHERE (Jan. 2009).
41 Jorge Orbs, et al., Pansteatitis associated with high levels of polychlorinated biphenyls
in a wild loggerhead sea turtle Caretta caretta, DISEASES OF AQUATIC ORGANISMS (Feb. 2013).
42 33 U.S.C. § 1251.
43 33 U.S.C. § 1311(a).
44 Piney Run Pres. Assn v. Cty. Commis of Carroll Cty., MD, 268 F.3d 255, 265 (4th
Cir. 2001).

limits" or "TBELs") and (2) any additional limits necessary to protect water quality ("water
quality -based effluent limits" or "WQBELs") on the wastewater dischargers.45 An NPDES
permit must assure compliance with all statutory and regulatory requirements, including state
water quality standards.46
DEQ issues NPDES permits under authority delegated to North Carolina by the U.S.
Environmental Protection Agency (`EPA").47 North Carolina's primary statute for
implementing its NPDES permitting program is N.C. Gen. Stat. § 143-215.1, which requires a
permit from the Environmental Management Commission ("EMC") before any person may
"make any outlet into waters of the state," or
[c]ause or permit any waste, directly or indirectly, to be discharged to or in any manner
intermixed with the waters of the State in violation of the water quality standards
applicable to the assigned classifications or in violation of any effluent standards or
limitations established for any point source, unless allowed as a condition of any permit.
48
The EMC has the power to issue permits with such conditions as the EMC believes are necessary
to achieving the purposes of Article 21 of Chapter 143 of the General Statutes, including NPDES
permits.49 The EMC has delegated its authority to issue NPDES permits to DEQ, specifically, its
Division of Water Resources.
Discharges of stormwater associated with industrial activity are subject to the NPDES
permitting requirements.50 This includes meeting all applicable provisions of the NPDES
45 33 U.S.C. § 1311(b), 1314(b); 40 C.F.R. § 122.44(a)(1), (d).
46 33 U.S.C. § 1342(a)(1)(A); 40 C.F.R. § 122.43(a); 15A N.C. Admin. Code 2H .0118;
see also 15A N.C. Admin. Code 2H .0112(c) ("No permit may be issued when the imposition of
conditions cannot reasonably ensure compliance with applicable water quality standards."); N.C.
Gen. Stat. §§ 143-215.6A-C (authorizing civil and criminal penalties and injunctive relief for
violations of surface water standards).
47 See 33 U.S.C. § 1342(b); National Pollutant Discharge Elimination System
Memorandum of Agreement Between the State of North Carolina and the United States
Environmental Protection Agency Region 4 (2007),
https://www. epa. gov/sites/production/files/2013-09/documents/nc-moa-npdes.pdf.
4s N.C. Gen. Stat. § 143-215.1.
49 N.C. Gen. Stat. § 143-215.1(b).
51 See 33 U.S.C. §§ 1342(p)(2)(B), (p)(3)(A); see also Defenders of Wildlife v. Browner
191 F.3d 1159, 1163-65 (9th Cir. 1999); 40 C.F.R. § 122.26(a)(6)(i).
W

program and the effluent limitations in 33 U.S.C. § 131 L" Stormwater associated with
industrial activity includes stormwater discharged by steam electric power generating facilities,52
such as the Southport Power Plant. "It is not necessary that storm water be contaminated or
come into direct contact with pollutants; only association with any type of industrial activity is
necessary.',53
DEQ must "establish conditions to provide for and assure compliance with all applicable
requirements of CWA and regulations."54 NPDES regulations issued under the Clean Water
Act "specifically require that each NPDES permit contain `any requirements ... necessary to ...
achieve water quality standards established under Section 303 of the Act. ,,55 Thus any permit
that fails to contain conditions necessary to achieve water quality standards violates both the Act
and 40 C.F.R. § 122.44(d)(1).56
Price Creek is classified a tidal salt water (Class SC), and as swamp water (Class Sw).57
Class SC protects the creek for "secondary recreation such as fishing, boating, and other
activities involving minimal skin contact; fish and noncommercial shellfish consumption; aquatic
life propagation and survival; and wildlife."58 Class Sw is a special classification recognizing
5133 U.S.C. §§ 1342(p)(3)(A).
52 40 C.F.R. § 122.26(b)(14)(viii).
53 N. Carolina Shellfish Growers Assn v. Holly Ridge Assocs., LLC., 357 N.C. 1429
(E.D.N.C. 2003) (quoting Natural Res. Def. Council v. EPA, 966 F.2d 1292, 1304 (9th
Cir.1992)).
54 40 C.F.R. § 122.43(a); see also 33 U.S.C. § 1342(b); Arkansas v. Oklahoma, 503 U.S.
91, 105 (1992); 15A N.C. Admin. Code 2H .0126.
55 40 C.F.R. § 122.44(d)(1).
56 Champion Int'l Corp. v. United States EPA, 648 F. Supp. 1390, 1395 (W.D.N.C. 1986)
(vacated and remanded for different reasons by 850 F.2d 182, 186 (4th Cir. 1988)).
57 NC Surface Water Classifications, N.C. DEP'T OF ENVT'L QUALITY,
https://ncdenr.maps.arcgis.com/gpps/webgppviewer/index.html?id=6e 125ad7628f494694e259c8
Odd64265 &marker=-
78.00747286172495 %2C3 3.93 7426245 678445 %2C%2C%2C%2C&markertemplate=%7B%22t
itle%22%3A%22Cape%20Fear%22%2C%221ongitude%22%3A-
78.00747286172495 %2C%221atitude%22%3A3 3.93 7426245 678445 %2C%22islnclude ShareUrl
%22%3Atrue%7D&level=17 (interactive map last visited Sept. 13, 2019).
58 Classifications, N.C. DEP'T OF ENVT'L QUALITY,
https:Hdeq.nc. gov/about/divisions/water-resources/planning/classification-
standards/classifications#DWRPrimMClassification (last visited Sept. 13, 2019).
El

the slow velocity and other natural characteristics particular to swamp waters.59 These
classifications set narrative and numeric water quality standards for the creek.60 In addition,
Price Creek is an impaired water listed under section 303(d) of the federal Clean Water Act for
mercury pollution.61 However, the state has not established Clean Water Act "total maximum
daily loads" for Price Creek for mercury or other pollutants.62
Some pollutants in stormwater discharges from the Southport Power Plant appear to
exceed the numeric standards63 and others come very near to them.64 CPI and DEMLR must
ensure that the control measures implemented at the site are sufficient to meet the water quality
standards. This likely will require requesting and reviewing CPI's stormwater pollution
prevention plan.
4. The draft permit overlooks severe -storm preparedness.
A stormwater pollution prevention plan ("SWPPP") documents the specific control
measures that the discharger will use to meet the applicable technology- and water quality -based
effluent limits, as well as compliance with other permit requirements such as monitoring,
recordkeeping, and reporting.65 The SWPPP does not itself contain effluent limits.66 An
59 Id.
60 See NC_StdsTable_06102019, N.C. DEP'T OF ENVT'L QUALITY,
ht!ps://deg.nc.gov/documents/nc-stdstable-06102019 (last visited Sept. 13, 2019).
61 N.C. DEP'T OF ENVT'L QUALITY, 2014 NC WATER QUALITY ASSESSMENT FOR 305(b),
http://portal.ncdenr.org/c/document_library/get _file?uuid= l40d4802-dc9e-4e4a-8db2-
1 ec3a336ceca&groupId=38364.
62 Integrated Report Files, N.C. DEP'T OF ENVT'L QUALITY,
htlps://deq.nc. gov/about/divisions/water-resources/planning/modeling-assessment/water-quality-
data-assessment/integrated-report-files (last visited Sept. 13, 2019).
63 See Stormwater Discharge Monitoring Report 2 (Nov. 2, 2015) (available via
Laserfiche) (showing discharges of copper as high as 26 micrograms, compared to water quality
standard of 4.8 micrograms acute and 3.1 micrograms chronic).
64 See id. (showing discharges of lead in the range of 5 to 6 micrograms, compared to
water quality standard of 8.1 micrograms chronic).
65 See U.S. ENVT'L PROT AGENCY, MULTI -SECTOR GENERAL PERMIT (MSGP) FACT
SHEET 41 (2015), https://www.epa.gov/sites/production/files/2015-
10/documents/msgp20l5 fs.pdf (hereinafter "EPA MSGP FACT SHEET") EPA, DEVELOPING
YOUR STORMWATER POLLUTION PREVENTION PLAN: A GUIDE FOR INDUSTRIAL OPERATORS
(2015), https://www.epa.gov/sites/production/files/2015-
11/documents/swppp guide_ industrial_2015.pdf (hereinafter "DEVELOPING SWPPP").
11

operator should complete its SWPPP before applying for an individual NPDES industrial
stormwater permit or coverage under a general permit.67 North Carolina does not have a NPDES
stormwater general permit for steam electric power generation.68 DEMLR specifically directs
operators renewing individual stormwater permits not to submit SWPPPs when applying.69
Instead, operators simply certify that they have properly designed and compliant SWPPPs on-
site.70 Accordingly, although SWPPP is a public document,71 no SWPP is publicly available on
Laserfiche and the section of the draft permit for the Southport Power Plant concerning the
SWPPP simply directs CPI to "develop and implement" a SWPPP that meets the criteria set forth
in the draft permit.
These criteria do not specifically address severe storms. As the climate emergency
continues to unfold, severe storms are becoming more frequent and more severe.72 The
increasing likelihood of severe storms and the Southport Power Plant's location in a low-lying
area on the coast makes storm preparedness essential. Severe storms such as Hurricane Harvey
have led to extremely large releases of toxic materials, in part because operators of facilities that
66 Id.
67 DEVELOPING SWPPP, supra, at 32-33; see U.S. ENVT'L PROT. AGENCY, NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MULTI -SECTOR GENERAL PERMIT FOR
STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY (MSGP) 30 (2015),
https://www. epa. gov/sites/production/files/2015-10/documents/msgp2015_finalpermit.pdf
(hereinafter "EPA MSGP").
68 hops://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-stormwater-
EH�
69 DEMLR, Supplemental Information Required for Renewal of Individual NPDES
Stormwater Permit,
http://files.nc. gov/ncdeq/Energy%20Mineral%20and%20Land%20Resources/Stonnwater/NPDE
S Fillable PDF Forms/NPDES-Individual-Permit-Renewal-SUDDlement-Info-Form-20171011-
DEMLR-SW.pdf.
70 DEMLR, Stormwater Pollution Prevention Plan Development and Implementation
Certification,
htlp:Hfiles.nc. gov/ncdeq/Energy%20Mineral%20and%20Land%20Resources/Stormwater/NPDE
S Fillable PDF Forms/NPDES-Individual-Permit-Renewal-SPPP-Certification-Fon n-
20171011-DEMLR-SW.pdf.
71 See Draft Stormwater Permit 3.
72 U.S. GLOBAL CHANGE RESEARCH PROGRAM, FOURTH NATIONAL CLIMATE
ASSESSMENT: CHAPTER 19: SOUTHEAST (2018), https://nca20l8.lzlobalchange ov�/chgpter/19/.
12

use these materials were not prepared for flooding and other conditions.73 Hurricanes have
74
caused transformers to fail. However, the Draft Stormwater Permit does not require CPI to
prepare for stormwater discharges that can be expected in severe storms.75
In light of the presence of transformer oil that likely contains PCBs as well as other
potentially hazardous materials on -site, DEMLR should require that CPI implement —and
therefore that the SWPPP contain —control measures specifically intended to prevent excursions
of WQS during severe storms. First, CPI should move as much material as possible out of
exposure to precipitation.76 Given the low-lying coastal location of the site, this should include
minimizing exposure during flood conditions, such as by elevating storage. Second, DEMLR
should require secondary containment for all transformer oil to prevent the discharge of PCBs, as
well as any other hazardous materials. At a minimum, the secondary containment should be
capable of storing the full capacity of the material stored and be capable of withstanding severe
storms, including extensive flooding.77 At a low-lying site such as this, secondary containment
that is not fully enclosed is likely insufficient.
73 See ARI PHILLIPS, ENVT'L INTEGRITY PROJ., PREPARING FOR THE NEXT STORM:
LEARNING FROM THE MAN-MADE ENVIRONMENTAL DISASTERS THAT FOLLOWED HURRICANE
HARVEY (2018), https://www.environmentalintegrit, .off rg/wp-
content/uploads/2018/08/Hurricane-Harvey-Report-Final . pd£
74 See, e.g., VILLAGE OF BALD HEAD ISLAND, HURRICANE FLORENCE TASK FORCE, FINAL
REPORT 2 (2019), http://villa ebhi.or /g new_wordpress/wp-
content/HFTF/HFTF%20Final%2OReport%20to%2OVillage%2OCouncil.pdf (noting that
recovery depended on removing unprecedented amount of stormwater and power could not be
restored until water had receded enough that flooded transformers were no longer submerged),
46 ("These improvements do not address one significant source of system vulnerability: the
transformers that are located only slightly above ground level and are vulnerable to flooding (and
in some cases, burial by sand) during a major storm. After Florence, power could not be restored
to the island until the Thursday before re-entry because of flooded transformers that could not be
safely energized."); Athina Morris, Electrical transformers just couldn't handle Hurricane
Michael, WFLA (Oct. 26, 2018 05:18PM), https://www.wfla.com/news/florida/electrical-
transformers just-couldnt-handle-hurricane-michael/; Brian Palmer, Why Do Transformers
Explode?, Slate (Oct. 30, 2012 2:05PM), https://slate.com/news-and-politics/2012/10/hurricane-
sandy-blackout-what-causes-transformers-to-explode.html.
75 Draft Stormwater Permit 3-7 (containing SWPPP)
76 See Developing 15 (listing "minimize exposure" first among non -numeric effluent
limits).
77 See 40 C.F.R. § 267.195(b)(1) (requiring secondary containment of hazardous waste to
be capable of withstanding "climatic conditions"); Blair -Frasier, R., & M. Hockett, Q & A:
13

5. The draft permit does not require CPI to meet the effluent limitation
guidelines.
The effluent limitation guidelines for steam electric power generating facilities apply to
the Southport Power Plant.78 The guidelines limit coal pile runoff.79 The guidelines exclude
untreated overflow "associated with a 10 year, 24 hour rainfall event."80 This rainfall event is
defined as "a rainfall event with a probable recurrence interval of once in ten years as defined by
the National Weather Service in Technical Paper No. 40. Rainfall Frequency Atlas of the United
States, May 1961 or equivalent regional rainfall probability information developed therefrom."81
The National Weather Service currently estimates this to be a rainfall event of 7.67 inches .82
This year, during Hurricane Dorian, the area received approximately 8.32 inches of rain.83 Last
year, during Hurricane Florence, the area received approximately 26 inches of rain.84
The draft permit does not address coal pile runoff. Even assuming that wastewater
permitting documents are accurate and coal pile runoff generally is directed from the fuel pile
pad into the wastewater outfall covered by a different NPDES permit, the draft permit still does
not address the potential for overflow from that system during a storm that rains less than the
exemption threshold of 7.67 inches. Furthermore, that threshold is outdated. As climate change
continues to make severe storms both more frequent and worse, it is clear that we must prepare
for greater rainfall and flooding. DEMLR should require greater protections.
Protecting Facilities from Hurricane Damage, DISQUS (2017),
https://www.manufacturing.net/article/2017/06/q-protecting-facilities-hurricane-damage.
71 See 40 C.F.R. § 423.10; see also EPA MSGP, supra, at 131 (explaining that, for EPA -
administered regions, MSGP authorizes discharge of coal pile runoff subject to effluent
limitations in 40 CFR Part 423).
79 40 C.F.R. § 423.12(b)(9).
80 40 C.F.R. § 423.12(b)(10).
81 40 C.F.R. § 423.11(i).
82 NOAA Atlas 14 Point Precipitation Frequency Estimates: NC, NAT'L OCEANIC &
ATMOSPHERIC ADMIN., https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map cont.html?bkmrk=nc
(last visited Sept. 13, 2019) (search for "Powerhouse Dr., Southport, NC, 28461 ").
83 Charles Duncan, How much rain did you get from Dorian? Here are the rainfall totals
for the past week, THE NEWS & OBSERVER (Sept. 11, 2019 11:30PM),
https://www.newsobserver. com/news/weather-news/article234962072.html.
84 Historic Hurricane Florence, September 12-1 S, 2018, NAT'L WEATHER SERV
https://www.weather.gov/mhx/Florence20l8 (last visited Sept. 13, 2019).
14

Conclusion
Thank you for considering these comments. If you have any questions, please do not
hesitate to contact Chandra Taylor or Nick Jimenez at 919-967-1450.
Sincerely,
Chandra Taylor, Senior Attorney
Southern Environmental Law Center
Nick Jimenez, Associate Attorney
Southern Environmental Law Center
/s/ Dana Sargent
Dana Sargent
Executive Director, Cape Fear River Watch
/s/ Kerri Allen
Kerri Allen, Coastal Advocate
North Carolina Coastal Federation
15

Denard, Derek
From: Savanna B Neb <[e-mail]>
Sent: Saturday, July 27, 2019 2:23 PM
To: Denard, Derek
Subject: [External] Letter of Concern to CPI
Attachments: Letter toCPI (1).pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Hello Derek,
My name is Savanna Neb, and I am currently a resident of Caswell Beach, North Carolina. After hearing about the
impacts made by CPI, I wrote a letter addressing my personal and professional concerns. Attached is my letter. Please let
me know if you need anything else.
Best,
Savanna Neb

To Whom it May Concern,
My name is Savanna Neb, and I am currently working as an Environmental Education
Intern on Oak Island. I have a degree in Marine Biology, and plan to receive my masters in the
coming year. I have lived here on Caswell Beach for the past six months, and plan to stay for at
least the remainder of the year.
I have just been informed about a power plant known as CPI that operates
independently here in Brunswick County. It has come to my attention that this company burns
10% coal, used tires, and wood chips. All of these practices are dirty practices that hinder our
air quality. That alone is concerning, but it has also been brought to my attention that the main
form of wastewater treatment in which CPI uses are settling ponds. Settling ponds are, in my
opinion and research, basic level techniques which rarely work to keep the water quality at the
level it should be. Considering that CPI has few regulations on what they can burn, and what
they can dispose of into the canal after it goes into the settling pond, makes this a point of great
concern to me personally. I know that under the current permit, they do have limits set, however
there is no priority pollutant analysis, which should be mandatory and performed often. The
canal deposits into the middle of Caswell Beach, and the mixing zone covers majority of the
ocean water on our beach. This means that the heavy metals and carcinogens not extracted in
the settling ponds are being deposited right in front of us.
All of this is concerning for many reasons, however my main concern is the safety of the
people living in this area, and the safety of our ocean environment. People come from all over
the country to our beach to vacation and swim in our warm ocean. I personally take children to
this beach to swim and partake in outdoor beach activities. Allowing such waste that is
potentially extremely harmful to humans, as well as ocean life, to deposit in this area is
detrimental for generations to come. Not only are the people swimming and wading in the water
getting exposed to such harmful waste immediately, but the repercussions stemming from years
of exposure may be irreversible. From a marine biology point of view, the animals that swim and
live along our coast are constantly exposed to this toxic waste. The detriment it can have
physically and biologically to these fish, invertebrates, turtles, sharks, dolphins, etc. and their
populations is unknown, but potentially irreversible as well. To tie the two concerns together, we
must look at the importance of North Carolina fisheries and the consumption of seafood by the
Brunswick County community. Many fish, mammals, and inverts will migrate to warmer areas to
feed. Since the deposit area from the canal is creating warmer water temperatures in the mixing
zone, this is bolstering an influx of fish and other sea animals due to new feeding ground. The
animals that are feeding in this toxic area are the same sea animals North Carolina fisheries are
catching in order to supply and feed the masses. This issue comes full circle when humans are
both physically exposed to the harmful waste from the CPI facility, as well as consuming
seafood that is saturated with the harmful waste.
The bottomline is that CPI as a whole, and the contaminants they produce need to be
tested, monitored, and regulated at a much higher level than they are now. Restrictions on
burning of old used tires in particular should be put into place, and weekly air quality and water
quality testing should be mandatory. Both tests across the board should be looking for not only
the common pollutants in our air and water, but the rare pollutants as well. It has also been

brought to my attention that CPI currently stores 20,000 gallons of transformer fluid on site.
Here in Brunswick County, we are prone to large storms such as hurricanes. If the storage area
of this transformer fluid were to be breached by such storms, and allowed PCB's to be leached
into our water, air, and land, it could potentially create a county wide, and even statewide,
emergency. The removal or relocation of this large amount of transformer fluid should also be
addressed before permit renewal.
It is in my professional and personal opinion that the threats posed by CPI's lack of
supervision and regulation must be addressed thoroughly before allowing them to continue
production in any form, if at all. The safety of Caswell Beach residents, vacationers, and the
health of our beach and ocean environment are of top priority, and should be treated as such.
Sincerely,
Savanna Neb
Marine Biologist
Concerned Caswell Beach Resident

Denard, Derek
From: Dale Halliwell <[e-mail]>
Sent: Tuesday, December 03, 2019 3:09 PM
To: SVC_DENR.publiccomments
Subject: [External] CPI USA North Carolina LLC - NPDES Permit NC0065099 & NCS000348
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
To the NC Division of Water Resources, Water a Quality Permitting Section,
I was unable to attend the Public Hearing held on November 21, 2019 at the Brunswick Community College campus in
Bolivia, NC for comment on the permit renewal request by CPI USA North Carolina LLC for wastewater and storm water
discharges into the Atlantic Ocean at Caswell Beach. I am submitting my written comments for the record.
I am a resident of Southport, NC and this issue is near and dear to my heart. I live here and I fish here. I do my very best
to do what is right and make a conscious effort to maintain a clean environment. As a homeowner, I do not discharge
harmful substances onto the land, or into our water or into the air we breathe. I am also bound by law from discharging
or disposing of anything that is harmful to the ocean or the creatures that live there from my boat. I take these efforts
seriously, as many of my fellow citizens do, because we all know the consequences of not doing the right thing.
The issue here is the fuel source being used at this operation. Quite simply, my fellow citizens and I would like CPI USA
to use only clean biomass for fuel. Tires, creosote contaminated railroad ties, and anything other than unadulterated
wood chips is unacceptable. We are not asking the company to make capital expenditures on new equipment, or
change their processes; only that they do the right thing and use a cleaner fuel source. They will say it costs more for
that fuel source, but that is short sighted to say the least. It is easy to calculate the long term savings to the company
from the increased boiler efficiency and diminished equipment downtime associated with cleaner fuel.
As a former textile executive with decades of experience with steam plants and cogeneration operations around the
world, I also know that using a cleaner fuel source will not only make their process much more efficient and predictable,
it will make their equipment last longer. For CPI USA it is also good for public relations and is a solid "good neighbor"
policy. For us citizens, we get cleaner air and cleaner water for the effort.
Respectfully,
Dale Halliwell
PO Box 10358
Southport, NC. 28461
Sent from Dale Halliwell
[e-mail]
910-477-7583

Denard, Derek
From: Heather Finnell <[e-mail]>
Sent: Thursday, December 19, 2019 2:37 PM
To: Denard, Derek
Subject: [External] Public Comment on NCDEQ Issuance of National Pollutant Discharge Elimination Permits
to CPI
Attachments: HBcomments.pdf
fl -
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
�[e-mail]
Mr. Denard,
Please see the attached resolution adopted by the Holden Beach Board of Commissioners concerning
NCDEQ Issuance of National Pollutant Discharge Elimination Permits to CPI. Would you please confirm that
the physical address I should sent comments to is 1617 Mail Service Center, Raleigh, NC 27699-1617?
Thank you!
&eathea emnel4 CMC, NCCMC
Town Clerk
Town of Holden Beach, NC
maiIto: hfinnell(ahbtownhall.com
telephone: [phone]
fax:[phone]
i

December 18, 2019
NCDEQ-DW R
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Sir or Madam,
The Board of Commissioners of the Town of Holden Beach unanimously passed a resolution concerning
the NCDEQ issuance of National Pollutant Discharge Elimination Permits to CPI (Draft Permits
NCO065009 and NCS000348).
Please see the enclosed resolution that was adopted at the Board of Commissioners' Regular Meeting of
December 17, 2019 and include it as comment in the process for the requested permit. You can contact
me at [phone] or by email at [e-mail] if you have any questions.
Sincerely,
K
f
Heather Finnell
Town Clerk
TOWN OF HOLDEN BEACH / 110 ROTHSCHILD STREET / HOLDEN BEACH I NORTH CAROLINA
(9I0) 842-6488 / Fax [phone] I http://ww %v.libitiwnhall.rom

RESOLUTION 19-07
RESOLUTION REGARDING NCDEQ ISSUANCE OF NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS TO CPI
LET IT BE KNOWN THAT:
WHEREAS, the Town of Holden Beach, NC is a barrier island community located in
Brunswick County; and
WHEREAS, the Town of Holden Beach barrier island is a west to east oriented island,
bounded by the Atlantic Intracoastal Waterway (AIWW) on the north, the Atlantic Ocean
on the south facing the Long Bay region of Brunswick County, the Shallotte Inlet to the
west and the Lockwood Folly (LWF) Inlet to the east; and
WHEREAS, Oak Island is a west to east oriented barrier island bounded by the Atlantic
Intracoastal Waterway (AIWW) on the north, the Atlantic Ocean on the south facing the
Long Bay region of Brunswick County, the LWF Inlet to the west and the mouth of the
Cape Fear river to the east; and
WHEREAS, the Town of Caswell Beach is located near the mouth of the Cape Fear River,
occupying the east end of Oak Island in Brunswick County; and
WHEREAS, CPI USA North Carolina LLC (CPI), a cogeneration power plant located at
1281 Powerhouse Drive, Southport NC, bums a mixture of coal, wood, and used tires to
generate steam and electricity for sale; and
WHEREAS, all wastewater and stormwater discharge from CPI goes to the effluent
channel used by Duke Energy Progress at their Southport power station, which
discharges into the Atlantic Ocean approximately 2000 feet offshore of Caswell Beach;
and
WHEREAS, CPI has applied to North Carolina Department of Environmental Quality
(NCDEQ) for a renewal of its National Pollutant Discharge Elimination System (NPDES)
permits for wastewater (Draft Permit NC0065099) and stormwater (Draft Permit
NCS000348); and
WHEREAS, NCDEQ has issued draft permits with conditions that would allow increased
volume of permitted discharges from the site.

FURTHERMORE, LET IT BE KNOWN THAT:
WHEREAS, given the uncertain makeup of the CPI burn mixture, a consistent waste
stream is difficult to envision; and
WHEREAS, bottom ash transport water and stormwater have been added to the allowed
discharge; and
WHEREAS, longer term historical data on the specific components and their
concentrations in various CPI discharges does not appear readily available on the
NCDEQ website for the permit applications; and
WHEREAS, NCDEQ states that "compliance with the limitations for 126 Priority Pollutants
shall be determined by engineering calculations which demonstrated that the regulated
pollutants are not detectable in the final discharge by analytical methods in 40 CFR part
136 (in accord with 40 CFR 423.23 (d)(3))"; and
WHEREAS, given the uncertainties, monitoring frequency of once per permit cycle, i.e.,
once in 5 years, for Priority Pollutants of concern does not appear adequate; and
WHEREAS, given the uncertainties, quarterly monitoring frequency of pollutants of
concern, which include copper and chromium, does not appear adequate; and
WHEREAS, said proposed CPI discharges have the potential to adversely impact ocean
water and onshore and offshore sand quality, with potential safety ramifications for local
and migratory marine species as well as humans; and
WHEREAS, natural nearshore transport of sand via littoral drift occurs from east to west
in Long Bay; and
WHEREAS, the Town of Holden Beach receives shoreline sand from the east to west
littoral drift and increasingly relies on offshore sand dredging for beach re -nourishment;
and

WHEREAS, the Town of Holden Beach relies on its reputation as a safe and pristine
beach community to attract tourism, the main economic driver for the town.
NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of
Holden Beach that, in the best interest of environmental and public safety of the public in
general, the Town of Holden Beach and other Brunswick County beach communities, the
NC DEQ, before issuing a final permit, shall make available to the public all modelling,
existing individual component historical monitoring data, and risk assessments, whether
provided by CPI or performed by NCDEQ or other scientifically qualified entities, which
can be used to understand the level of risk associated with the proposed discharge
streams.
BE IT ALSO RESOLVED that before any decision is taken by NCDEQ on granting the
two permits in question to CPI, additional public hearings shall be held and an additional
period of public comment on the applications and proposed/draft permits shall be offered.
This the 17t" day of December, 2919.
J. Alan Holden, Mayor
ATTEST:
1 - CA"
Heather Finnell, Town Clerk

Denard, Derek
From: Lisa Stites <[e-mail]>
Sent: Tuesday, November 19, 2019 3:18 PM
To: Denard, Derek
Cc: David Kelly
Subject: [External] comments re: Draft Permit NCO0650099
Attachments: NCDEQLetterl11919a.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Mr. Denard — please see the attached letter from the Town of Oak Island with comments regarding Draft
Permit NCoo650099. Please let me know if we need to do anything else in order to submit our comments
ahead of Thursday's hearing.
Regards,
Lisa P. Stites, MMC
Town Clerk
Town of Oak Island
46oi E. Oak Island Drive
Oak Island, NC 28465
(910) 2oi-8004
www.oakislandne.com
Pursuant to North Carolina General Statutes, Chapter 132, Public Records, this e-mail and any attachments, as well as any e-mail
messages(s) that may be sent in response to it, may be considered public records and therefore are subject to public records requests
for review and copying.

SOWN of
OPT
oc�TN CAROMS
'4'41. I,, 1, "' /
November 19, 2019
Re: Town of Oak Island Comments on Draft Permit NCO0650099
Dear Mr. Denard,
The Town of Oak Island thanks the staff at the NC Department of Environmental Quality for allowing
comments to be submitted on the proposed permit application for CPI, USA. We appreciate the hard
work that you and your staff provide the citizens of North Carolina.
The Town of Oak Island is located just a short distance from where the permit states that wastewater from
CPI, USA will be discharged into the Atlantic Ocean. Healthy town beaches and good recreational water
quality are critical for the Town of Oak Island. The summer population in Oak Island more than
quadruples as tourists vacation in town to enjoy our beaches and ocean waters. Oak Island is known for
its small-town atmosphere, and our residents and visitors value clean beaches and a safe environment for
swimming, fishing and other water activities. We depend on our State and Federal agencies to do their
part in keeping our coastal ecosystem safe for native wildlife and for our residents and visitors.
After reading the draft permit application, the Town of Oak Island respectfully requests NCDEQ to
require that all chemicals which are reasonably expected in this discharge stream be identified and closely
monitored on an ongoing basis as part of the permit approval required conditions. We also strongly
believe that limits should be placed on each potentially harmful chemical in the stream and be restricted
as necessary to preserve health of the community and the environment. Quadra-annual reports from
NCDEQ are essential to preserve public trust in this operation.
We think that CPI, USA, Archer Daniels Midland, and Duke Energy seek to be good neighbors in our
community. The Town of Oak Island has no interest in causing our corporate neighbors any undo
regulatory burdens. We do, however, feel that it is our right to know what chemicals are in the discharge
stream and know that those chemicals are stringently limited in order to protect our town. We trust that
CPI, USA and the Division of Water Quality will work to assure the residents and visitors of Oak Island
that the discharge stream will not pose any undo hazards to our island or our environment.
Sincerely,
i
�0 _
Cin Brochure, Mayor
Oak Island, NC
4601 E. Oak Island Drive • Oak Island, North Carolina 28465
Phone: [phone] • Fax: [phone] • Website: www.oaldslandnc.com

Denard, Derek
From: Brian Edes <[e-mail]>
Sent: Monday, August 05, 2019 7:41 PM
To: Denard, Derek
Cc: David Kelly; Council; Lisa Stites
Subject: [External] Town of Oak Island's request regarding Public Comment Deadline for Draft NPDES Permit
NC 00650099 CPI USA North Carolina, LLC
Attachments: Denard re public comment extension (TOI).pdf
I External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment toi
L=[e-mail]
Mr. Denard,
Please see attached letter I am submitting on behalf of the Town of Oak Island.
Respectfully,
Brian E. Edes
Crossley McIntosh Collier Hanley & Edes, PLLC
Attorneys -at -Law
5002 Randall Parkway
Wilmington, North Carolina 28403
[phone] phone
[phone] facsimile
Notice
This electronic message is intended solely for the use of the individual or entity named
as recipient above. It contains confidential attorney -client privileged information
and/or attorney work product. If the reader is not the intended recipient, be hereby
notified than any dissemination, distribution or duplication of this or any part of this
communication is strictly prohibited. If you have received this message in error, please
delete it immediately and notify us by return e-mail or by telephone.

CROSSLEY MCINTOSH COLLIER HANLEY & EDES, P.L.L.C.
ATTORNEYS AT LAW
JOHN F. CROSSLEY (1921-2o06)
5002 RANDALL PARKWAY
DouGLAS F. MCINTOSH (1959-2o16)
WILMINGTON, NC 28403
CLAY ALLEN COLLIER
ANDREW HANLEY
August 5, 2019
BRIAN E. EDES
TELEPHONE [phone]
NORWOOD P. BLANCHARD
FAX [phone]
ANDREW PENNY
TOLL FREE 800/499-9711
E-mail: [e-mail]
Mr. Derek Denard
Via email to: [e-mail]
RE: Town of Oak Island's Request for Extension of Public Comment
Deadline for Draft NPDES Permit NC oo650099 CPI USA North
Carolina, LLC
Dear Mr. Denard,
I am the Town Attorney for the Town of Oak Island. It is my understanding that today is
the deadline for public comment on the above referenced renewal permit. Town officials,
including myself, first learned of this deadline today.
Town Manager David Kelly has spoken with the members of the Town Council including
the Mayor. The Town's elected officials agree that the proposed permit could detrimentally affect
Town residents, Town property owners, Town visitors and the Town as a whole. As such, on
behalf of the Town, I am writing to request the public comment period be extended past the
present deadline. The Town would like additional time to examine this matter further. This would
provide all who are potentially affected by this permit the opportunity to provide additional,
meaningful public comment on this issue. I am sure NCDENR, like the Town, prefers meaningful
public comment.
I thank you for your consideration of the Town's request as outlined herein. Please do not
hesitate to contact me with any questions, comments, or concerns.
Respectfully,
�f hw LA"
Brian Edes, Town Attorney
Town of Oak Island

Denard, Derek
From: Lisa Stites <[e-mail]>
Sent: Monday, December 23, 2019 2:43 PM
To: Denard, Derek
Subject: [External] Resolution from the Town of Oak Island
Attachments: OaklslandResolutionCPldischargePermit.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Mr. Denard — please see the attached Resolution from the Town of Oak Island regarding the CPI discharge permit. Please
let me know if you need a paper copy or if you need anything else.
Regards,
Lisa P. Stites, MMC
Town Clerk
Town of Oak Island
46oi E. Oak Island Drive
Oak Island, NC 28465
(910) 2oi-8004
www.oakislandnc.com
Pursuant to North Carolina General Statutes, Chapter 132, Public Records, this e-mail and any attachments, as well as any e-mail
messages(s) that may be sent in response to it, may be considered public records and therefore are subject to public records requests
for review and copying.

0�,K'is,�� .
�, .,_. RESOLUTION OF THE
:- TOWN OF OAK ISLAND
CARC)
n ion+
WHEREAS, the Town of Oak Island, NC is a barrier island community located in Brunswick
County; and
WHEREAS, Oak Island is a west to east oriented barrier island bounded by the Atlantic
Intracoastal Waterway (AIWW) on the north, the Atlantic Ocean on the south facing the Long
Bay region of Brunswick County, the Lockwood Folly Inlet to the west and the mouth of the
Cape Fear river to the east; and
WHEREAS, the Town of Caswell Beach is located near the mouth of the Cape Fear river,
occupying the east end of Oak Island in Brunswick County; and
WHEREAS, CPI USA North Carolina LLC (CPI), a cogeneration power plant located at 1281
Powerhouse Drive, Southport NC, burns a mixture of coal, wood, and used tires to generate
steam and electricity for sale; and
WHEREAS, all wastewater and stormwater discharge from CPI goes to the effluent channel
used by Duke Energy Progress at the Southport power station, which discharges into the Atlantic
Ocean approximately 2000 feet offshore of Caswell Beach; and
WHEREAS, CPI has applied to North Carolina Department of Environmental Quality
(NCDEQ) for a renewal of its National Pollutant Discharge Elimination System (NPDES)
permits for wastewater (Draft Permit NC0065099) and stormwater (Draft Permit NCS000348);
and
WHEREAS, NCDEQ has issued draft permits with conditions that would allow increased
volume of permitted discharges from the site.
FURTHERMORE, LET IT BE KNOWN THAT:

WHEREAS, given the uncertain makeup of the CPI burn mixture, a consistent waste stream is
difficult to envision; and
WHEREAS, bottom ash transport water and stormwater have been added to the allowed
discharge; and
WHEREAS, longer term historical data on the specific components and their concentrations in
various CPI discharges does not appear readily available on the NCDEQ website for the permit
applications; and
WHEREAS, NCDEQ states that "compliance with the limitations for 126 Priority Pollutants
shall be determined by engineering calculations which demonstrated that the regulated pollutants
are not detectable in the final discharge by analytical methods in 40 CFR part 136 (in accord
with 40 CFR 423.23 (d)(3))"; and
WHEREAS, given the uncertainties, monitoring frequency of once per permit cycle, i.e., once in
5 years, for Priority Pollutants of concern does not appear adequate; and
WHEREAS, given the uncertainties, quarterly monitoring frequency of pollutants of concern,
which include copper and chromium, does not appear adequate; and
WHEREAS, said proposed CPI discharges have the potential to adversely impact ocean water
and on shore and off shore sand quality, with potential safety ramifications for local and
migratory marine species as well as humans; and
WHEREAS, natural nearshore transport of sand via littoral drift occurs from east to west in
Long Bay; and
WHEREAS, the Town of Oak Island receives shoreline sand from the east to west littoral drift
and increasingly relies on off shore sand dredging for beach re -nourishment; and
WHEREAS, the Town of Oak Island relies on its reputation as a safe and pristine beach
community to attract tourism, the main economic driver for the Town.
NOW, THEREFORE, BE IT RESOLVED by the Oak Island Town Council that, in the best
interest of environmental and public safety for the Town of Oak Island and other Brunswick
County beach communities, the NCDEQ, before issuing a final permit, shall make available to
the public all modelling, existing individual component historical monitoring data, and risk

assessments, whether provided by CPI or performed by NCDEQ or other scientifically qualified
entities, which can be used to understand the level of risk associated with the proposed discharge
streams.
BE IT ALSO RESOLVED that before any decision is taken by NCDEQ on granting the two
permits in question to CPI, additional public hearings shall be held and an additional period of
public comment on the applications and proposed/draft permits shall be offered.
This the 17t" day of December 2019.
Ken Thomas, Mayor
Attested:
Lisa P. Stites, MMC
Town Clerk

Denard, Derek
From: Brittany Pace <[e-mail]>
Sent: Monday, December 23, 2019 3:37 PM
To: SVC_DENR.publiccomments
Subject: [External] CPI
Attachments: CPI Comments 12.23.19_Pace.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
These attached comments are submitted to Derek Denard and Lauren Garcia, regarding CPI - Southport's Power Plant.
Sincerely,
Brittany Pace

December 23, 2019
RE: NPDES Permit NC0065099 & NCS000348
CPI USA North Carolina, LLC — Southport
Brunswick County
Dear Derek Denard and Lauren Garcia,
Thank you for your presentations at the Public Hearing on November 21, 2019
regarding the wastewater and stormwater discharge permits for CPI. I previously
submitted a letter regarding the Draft Permit through my employer. However, this
letter is personal, as a concerned citizen of Brunswick County and a homeowner in
Southport.
When you drive into Southport, you cross over the "Discharge Canal". It is
always foamy and dark in color. It's not a welcoming sight, and also very close to
neighborhoods. Residents and tourists often question this canal and its affects on our
health and environment. Have any studies been done on this canal before and after
hurricanes? What pollutants are in the system and where did they flow after all the
flooding we had during hurricane season?
In the presentation, you stated CPI has a 400,000+ gallons/day flow rate, with
Duke Power having 1.9 billion gallons/day max flow, discharging straight into the
Atlantic Ocean only 2,000 feet off of Caswell Beach. You can stand on the beach and
see where it flows out; boats are always gathered there to catch fish. Do the fisherman
know what they are bringing to their families or to our local seafood restaurants? They
most likely have no idea these fish and shrimp they are bringing up could be
contaminated.
We have a responsibility to the thousands of school kids who partake in our
environmental educational programs who enter the water just a short distance down
the island from this site, our residents who walk the beach every day, and the tourists
that visit Caswell Beach each summer. There is not enough information provided to
fully evaluate the impacts that CPI's discharges are having on our community.
According to your presentations, CPI self -reports their monitoring requirements once
every permit cycle. This type of reporting is not sufficient to protect human health and
the environment. I understand the permit has been re -rated to a "major" permit,
adding a higher pollutant scan. That is a great start. However if they are not even
monitoring at base, how can we trust they will monitor at a higher capacity?
1 of 2

During the Public Hearing, photos of CPI were shared as part of the
presentation. The ditch surrounding the site is of concern. From the photos, it did not
seem very deep. Rain from one small thunderstorm could fill it. Also from the photos, it
seems you can throw a rock into the first outfall from the coal mound. The coal, bottom
ash, creosote -treated wood, and tires are out in the open, exposed to the elements
and our air. On a normal day, this would be concerning. Even more so during
hurricanes, how did they contain these toxic materials? How did they ensure toxic
pollutants did not escape their property and enter our water? The close proximity to
the outfall, the limited depth of the ditch surrounding the site, and lack of monitoring
are all areas of concern regarding CPI. There are plenty of Best Management Practices
that could be put into place that would minimize the wastewater and stormwater
impacts.
If CPI is allowed to continue business in the Southport area, upgrades to the
plant should be a requirement and strengthening the permit monitoring is a must. All
chemicals should be monitored, not just once a permit cycle and not through self -
reporting. No toxic chemicals should be allowed to be discharged into the canal and
out to our beach. After hearing from residents about the constant noise, coal dust,
health issues, poor plant management, and lack of accountability, closure of the CPI
plant is in the best interest of the community, our health, and the environment. One of
our elected officials even stated, "the stuff you are wiping off of your cars, you can't
wipe out of your lungs." This statement is so very true and should be concerning to
DEQ, enough to investigate this plant further and protect our health and environment.
Thank your for your time and the opportunity to submit these comments. Have a
Merry Christmas and Happy New Year!
Sincerely,
Brittany Pace
2 of 2

Denard, Derek
From: Kathy Sawyer <[e-mail]>
Sent: Tuesday, November 26, 2019 2:09 PM
To: SVC_DENR.publiccomments
Subject: [External] CPI ash from the sky?
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
To whom it may concern,
My husband and I are new residents in the Harbor Oaks neighborhood of Southport NC. I hadn't heard of the air and
water problems but figured it out pretty quickly on my own.
We formerly lived in Greenville County, SC where the air and water were sweet. Upon moving here, I found I could no
longer drink the water. It has a foul, iron filled odor and bitter taste.
As a cancer survivor, I was concerned enough to begin purchasing alkaline water and continue to do so.
As for the air, I began to notice black slime on our front porch and fall decorations. It has to be vigorously scrubbed in
order to remove it. I'm loathe to put anything on my porches because of this nauseating slime.
I was born in the coal country of South Western Pennsylvania and can honestly say that until now, I have never
experienced ash and slime. We had ash during the wild fires in South Carolina a few years ago but never thick black
slime.
I am honestly afraid for my health, the health of my husband and our pets. As for the pets, they have been experiencing
a myriad of skin issues and intestinal upset. I have switched them to bottled water as well.
I've never been afraid to live somewhere, but I am now. I do not feel safe and I have great concerns over a government
that is charged with protecting me but must also satisfy corporate relationships.
A Concerned Taxpayer,
Kathleen Sawyer
6072 Sullivan Ridge Road
Southport NC 28461
[e-mail]
Sent from my iPad

Denard, Derek
From: Chandra Taylor <[e-mail]>
Sent: Friday, August 02, 2019 5:34 PM
To: Denard, Derek
Subject: [External] Southport NPDES Permit Comments from Sierra Club, North Carolina Coastal Federation,
SELC, BEAT and Cape Fear Riverwatch
Attachments: Sourthport NPDES Permit Comments 08-02-2019.PDF
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Mr. Denard,
Please find attached, comments on the Southport NPDES Permit. A hard copy will follow by U.S.P.S. We
appreciate your time and attention to this matter.
Best,
Chandra
Chandra T. Taylor
Senior Attorney
a1hem
Envi=1111nenfiel
Lwr Caw
601 West Rosemary Street, Suite 220
Chapel Hill, North Carolina 27516-2356
Phone: [phone]; Fax: [phone]
S outhemEnvironment. org
This electronic message and any attached files are confidential and are intended solely for the use of the
addressee(s) named above. This communication may contain material protected by attorney -client, work
product or other privileges. If you are not the intended recipient or person responsible for delivering this
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then any review, use, dissemination, forwarding, printing, copying or other distribution of this email message
and any attached files is strictly prohibited. If you have received this confidential communication in error,
please notify the sender immediately by reply email message and permanently delete the original message.

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone] WEST ROSEMARY STREET, SUITE 220 Facsimile 919-929-9421
CHAPEL HILL. NC 27516-2356
:71� Southern
FEnvironmental
jr Law Center
R
RIVER WATCH
North Carolina
Coastal Federation
Working Together or a Healthy Coast
August 2, 2019
Via E-mail
Derek Denard, Environmental Specialist
Division of Water Resources
N.C. Department of Environmental Quality
512 North Salisbury Street
1617 Mail Service Center
Raleigh, NC 27699-1617
[e-mail]
Re: Draft NPDES Permit NCO0650099
CPI USA North Carolina, LLC — Southport
Grade I Physical Chemical WPCS
SIC Code 4911
Brunswick County
Dear Mr. Denard,
SIERRA
CLUB
viyon ,
m � �
On behalf of North Carolina Coastal Federation, Sierra Club, Cape Fear River Watch,
Brunswick Environmental Action Team, and itself (collectively, "Conservation Groups"), the
Southern Environmental Law Center ("SELC") submits these comments on the proposed
Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington. DC
1009E recycled paper

National Pollutant Discharge Elimination System ("NPDES") renewal permit for CPI USA
North Carolina, LLC's ("CPI") Southport Power Plant ("Draft Renewal Permit") recently
noticed for public comment by the North Carolina Department of Environmental Quality
("DEQ„) .
The North Carolina Coastal Federation is a non-profit organization dedicated to
protecting and enhancing coastal water quality and habitat. With 16,000 supporters, the
federation represents North Carolinians who drink, fish, swim, and paddle the state's waters,
including the Cape Fear River. For the past 36 years, the federation has been taking an active
role in protecting coastal water quality, habitat and public beach access. Since 1982, the
federation has worked with coastal communities and other partners to improve and protect
coastal water quality and natural habitats, which are intricately tied to our coastal economy. By
focusing primarily, but not exclusively on natural and productive estuarine shorelines, oyster and
marsh restoration, coastal management and cleaning the estuaries of marine debris, we strive to
support and enhance the natural environment.
The Sierra Club is a national environmental organization whose mission is to explore,
enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the
earth's ecosystems and resources; to educate and enlist humanity to protect and restore the
quality of the natural and human environment; and to use all lawful means to carry out these
objectives. In furtherance of this mission, the Sierra Club --on behalf of its members, including
21,000 members in North Carolina --works to accelerate the transition from dirty fuels like coal
and gas to clean energy solutions like solar, wind, and energy efficiency, and advocates for state
and federal policies and industry action to achieve this transition.
Since 1993, Cape Fear River Watch ("CFRW") has been working to protect and improve
the water quality of the Lower Cape Fear River Basin through Education, Advocacy, and Action.
CFRW engages residents of our watershed through programs to preserve and safeguard our river.
Kemp Burdette, the Cape Fear Riverkeeper, is a member of the Waterkeeper Alliance, an
international clean water advocacy organization. Kemp is a member of the Waterkeeper
Council, a small group of Waterkeepers from around the country who help determine the
direction and priorities of the Waterkeeper Alliance. CFRW works in a variety of coalitions
including Waterkeepers Carolina, the Cape Fear Arch Collaboration, the Watershed Alliance, the
Eagles Island Coalition, and the Stop Titan Action Network. CFRW has a 17 member Board of
Directors made up of scientists, community activists, lawyers, environmental consultants,
fishermen, river enthusiasts, and others concerned with protecting and improving the Cape Fear
River for everyone.
The Brunswick Environmental Action Team ("BEAT") is a genuine grass roots
organization of people who live throughout Brunswick County and have come together in
support of the natural environment. People who live in and visit Brunswick County are able to
see, hear, smell, and touch some of the most glorious natural environment in all of the country.
That opportunity is what has attracted many of our residents to make this their permanent home,
and it is what attracts hundreds of thousands of visitors every year. BEAT believes that this
opportunity carries with it important responsibilities: learning about the environment, engaging
in activities that show respect and concern for the environment, and encouraging other
individuals, state and municipality staff, and policy decision -makers to place appropriately high
2

priority on protecting the environment. It is up to all of us to make sure that this treasure is not
lost. BEAT believes stewardship of our environment is everyone's responsibility and exists as a
resource to educate about the environment, elevate awareness about environmental issues, and
advocate for conservation and preservation of the natural environment.
SELC is a non-profit legal advocacy organization dedicated to protecting the
environment of the South. SELC believes that everyone deserves to breathe clean air, drink
clean water, and live in a healthy environment. To that end, SELC partners with hundreds of
nonprofit partner organizations to protect our region through public education, policy advocacy,
and legal action, including a wide variety of efforts to protect and improve water quality
throughout the state. SELC strives to incorporate principles of environmental justice in its
program work.
Caswell Beach is a thriving seaside town known for its miles of public beach and historic
lighthouse.' The combination of public use of the beach and vibrant natural resources associated
with the area are is driving concern with reducing, as much as possible, contamination associated
with the wastewater discharge from the Southport Power Plant. Currently, this discharge
empties into the Atlantic Ocean at Caswell Beach, mixing into near -shore water up and down the
coast. Conservation Groups request that DEQ go further to limit contaminants associated with
the bottom ash transport water, coal pile runoff, wood and tire derived fuel pile runoff, and other
wastewaters (boiler feed water, boiler blowdown, and misc. sumps) discharged from this facility.
I. Background
A. Caswell Beach
The population of Caswell Beach quadruples to over 1600 in the summer months, when
visitors from across the nation flock to its quiet marshes and pristine shores to fish, boat, and
relax.2 It is the least populated beach in the Brunswick Islands and a haven for wildlife. The
Beach itself is a narrow, south -facing 2.5-mile barrier island spit on the eastern end of Oak
Island. It is separated from Bald Head Island to the east by the Cape Fear River estuary, while
the rest of Oak Island and Holden Beach lie the west. The landward side of the island consists of
a wide, marsh -filled lagoon that drains into the Intracoastal Waterway. This classic barrier island
ecosystem consists of a variety of habitat types, including neritic, sandy beach, marsh, and
estuary, all of which support a wide range of plant and animal life.
The N.C. General Assembly declared that "among North Carolina's most valuable
resources are its coastal lands and waters" which have "extremely high ... esthetic value."3 The
coastal and marine environment of Caswell Beach is no different, supporting myriad valuable
natural resources. Among those resources are fish habitats vital to the State's economy. Several
areas off Caswell Beach have been designated as essential fish habitat ("EFH") or Habitat Areas
' For more information on Caswell Beach, see Caswell Beach, NORTH CAROLINA'S BRUNSWICK ISLANDS,
https://www.ncbrunswick.com/islands/Caswell-Beach.
2 See TOWN OF CASWELL BEACH, CASWELL BEACH 2O09 CAMA LAND USE PLAN UPDATE at ii,
https://caswellbeach.org/n-content/uploads/2016/08/CASWELL Beach LUP1_201309260802252218.pdf
(discussing population).
3 N.C. Gen. Stat. § 113A-102.

of Particular Concern ("HAPC") under the Magnuson -Stevens Fishery Conservation and
Management Act, 16 U.S.C. §§ 1801-91, to protect a variety of species, including red drum, king
and Spanish mackerel, cobia, spiny lobster, ten shark species, and over fifty snapper -grouper
species.4 Hundreds of acres of estuarine and nearshore waters up and down the coast, including
those surrounding Caswell Beach, serve as nursery areas where post -larval and juvenile
development of young finfish and crustaceans takes place.5
The coastal zone of Caswell Beach also serves as important sea turtle habitat. North
Carolina is home to five species of sea turtle, including the federally threatened loggerhead sea
turtle. Non -breeding sea turtles can be found in inshore and nearshore waters throughout the
year.6 In 2014, nearshore waters off Caswell and surrounding beaches were designated as
critical habitat to protect nesting loggerhead females approaching the beach. Caswell Beach
sees the third highest nesting density of any beach in the State, with an average of 47 nests laid
on the 2.5-mile long stretch of beach per year. s Sea turtles are iconic elements of the tourism
industry in North Carolina. The Caswell Beach Turtle Watch, a local non-profit staffed entirely
with volunteers, guards emerging nestlings throughout the summer months.9 On neighboring
Bald Head Island, sea turtle viewing activities bring in as much as $33 million per year in
tourism spending.10
In addition, dozens of marine mammal species frequent North Carolina's nearshore
waters and can often be seen from shore. Examples of such species include humpback whales,
bottlenose dolphins, and West Indian manatees. The Brunswick Islands are also a haven for
coastal birds; over 330 species of bird have been spotted on the islands, from bald eagles to
piping plovers." I A network of bird sanctuaries stretches across the five barrier islands, making
this region a paradise for birders. Caswell Beach is also home to one of North Carolina's few
remaining maritime forests, a 10-acre treasure that Caswell Beach protects with strict
development and conservation ordinances. 12
Wastewater discharges at Caswell Beach have the potential to disrupt these vibrant
natural and economic resources. These comments outline SELC's concerns with the proposed
NPDES permit for Southport Power Plant and offer several suggestions for strengthening the
4 S. ATL. FISHERIES MGMT. COUNCIL, ESSENTIAL FISH HABITAT —HABITAT AREAS OF PARTICULAR CONCERN (EFH-
HAPC) AND CORAL HABITAT AREAS OF PARTICULAR CONCERN (C-HAPC), http://safmc.net/wR-
content/uploads/2016/06/EFH-HAPC20Table.pdf.
5 See 15A N.C. Admin. Code 3I.0101(4)(f) (differentiating between primary, secondary, and special secondary
nursery areas).
6 Sheryan P. Epperly, et al., Sea Turtles in North Carolina Waters, CONSERVATION BIOLOGY (Apr. 1995).
7 79 Fed. Reg. 39856 (Jul. 10, 2014).
8 Sea Turtle Nest Monitoring System, N.C. WILDLIFE RES. COMM'N, http://www.seaturtle.ore/nestdb/?view=l (last
visited May 31, 2019). 2019 has been a record year for sea turtle nesting on Caswell Beach, with 98 nests laid and
counting, with four weeks still remaining in the nesting season.
9 See About Us, CASWELL BEACH TURTLE WATCH, http://caswellturtlewatch.org/about-us-2/ (last visited Aug. 2,
2019).
10 Kate Elizabeth Queram, Report — Sea Turtles Have Economic Impact, STAR NEWS (Dec. 4, 2013),
h!W://www.starnewsonline.com/news/20131204/report --- sea -turtles -have -economic -impact.
11 Brunswick islands Birding, N.C.'s BRUNSWICK ISLANDS, https://www.ncbrunswick.com/activity/brunswick-bird-
watching (last visited Jul. 24, 2019).
12 See, e.g., Caswell Beach, NC Code of Ordinances § 98.01: Protection and Maintenance of Areas Zoned
Conservation.
2

provisions of the permit to better protect people, wildlife, and the special coastal ecosystem at
Caswell Beach.
B. Southport Power Plant
Southport Power Plant is an eighty-eight megawatt power facility located in Southport,
near the mouth of the Cape Fear River and just down the street from Duke Energy Progress'
Brunswick Nuclear Power Plant. CPI sells steam from the plant to the food industry giant
Archer Daniels Midland Company, and sells electricity to Duke Ener under a power purchase
agreement. Alberta -based CPI purchased the plant in 2006. In 2008, it converted the plant
from burning coal to burning "a combination of TDF (z 40%), wood 50%), and coal (z 10%)
on a heat input basis," although "each of the boilers is permitted to burn up to 50% of TDF on a
heat input basis."14 "TDF," or "tire -derived fuel," is essentially old tires that have been
shredded, which likely would otherwise be landfilled.15 CPI has received permit modifications
to burn "adulterated resinated wood," to burn creosote -treated wood, and to construct and
operate a "new rail tie grinder," among other activities.16
The facility produces close to 400,000 gallons of wastewater a day, including nearly
300,000 gallons of process water.17 By comparison, an Olympic -sized swimming pool contains
a little over 660,000 gallons of water. The wastewater includes "[b]oiler and cooling tower
blowdown, fuel pile stormwater runoff (wood, coal & TDF), reverse osmosis filter reject water,
backwash from the boiler feedwater demineralizer, [and] accumulated water in the floor sump
pump in the turbine building."18 The wastewater also includes approximately 17,000 gallons per
year of water drained to the wastewater settling basins after washing out the drag -chain pitt9:
bottom -ash transport water.20
Wastewater treatment at the facility is not sophisticated, consisting of what appear to be
concrete lined settling basins. All of the facility's wastewater flows through a distribution box
and weir —essentially a box with one inlet and multiple outlets to divide wastewater into multiple
flows2'—and from there into two settling basins.22 CPI explains: "Each settling basin holds
500,000 gallons. Basins provide for settling of solids, holding for potential oil spills, pH
13 See Letter from Brad Newland, Regional Air Quality Supervisor, Division of Air Quality, NCDEQ, to Frank
Hayward, Plant Manager, CPI USA North Carolina —Southport Plant, July 12, 2018 (discussing emissions of carbon
monoxide, sulfur dioxide, and particulate matter significantly higher than projected emissions in permit application
for 2008 boiler control retrofit and increased woodibiomass firing project).
14 Draft Fact Sheet 2.
15 Tire Derived Fuel (TDF)—Overview, SCRAP TIRE NEWS (last visited Aug. 2, 2019),
htlps://scrgptirenews.com/tdfj2hp.
16 Draft Fact Sheet 3.
17 Renewal Application 3 (PDF 10). For ease of reference, wherever the pagination of a permit document is not
continuous throughout the entirety of the electronic version of the document, a cross reference to the page number of
the electronic file is provided, identified as "PDF" followed by the page number. In some cases, only the PDF page
number is available.
18 Renewal Application 2 (PDF 9).
19 Renewal Application, Process Flow Diagram —Bottom Ash Wastewater Source (PDF 94).
20 See Draft Renewal Permit 2 (PDF 5).
21 U.S. ENVT'L PROT. AGENCY, Onsite Wastewater Treatment Systems Manual 4-19 (2002),
https://www.epa.aov/sites/production/files/2015-06/documents/2004_07_07_septics_septic_2002_osdm all.pdf.
22 Renewal Application 2 (PDF 9).
5

adjustment, and mixing of waste streams. Most influents may be diverted to either basin,
allowing one basin to hold and pre -treat stormwater runoff or some wastewaters, if necessary."23
From the basins, the wastewater passes through a single outfall—Outfall 003—into the same
canal that carries wastewater from Duke Energy Progress' Brunswick Nuclear Plant out to the
Atlantic Ocean.24 That canal runs alongside the Cape Fear River, crosses the Elizabeth River,
and then passes under Caswell Beach and empties into the Atlantic through discharge conduits
approximately 2,000 feet offshore.25 The mixing zone for water from the canal is essentially all
of the near -shore water up and down the length of Caswell Beach.26
C. Potential Impact to Public Health and the Environment from Wastewater
While the wastewater present at the CPI facility is low -volume in comparison to large-
scale coal -burning power plants, there are still risks associated with the facility's wastewater
discharges, including: the bottom -ash transport water that has been in contact with ash from the
combustion of tires, wood, and coal; runoff from the tire, wood, and coal fuel piles; and the
potential releases from substances stored on -site exposed to precipitation, including transformer
oil, which is known to contain polychlorinated biphenyls ("PCBs").
Coal ash contains multiple constituents of concern, including metals such as antimony,
arsenic, barium, beryllium, cadmium, chromium, lead, mercury, nickel, selenium, silver, and
thallium,27 among many others.28 Coal -ash contaminants pose serious health risks:
Arsenic is a known carcinogen that causes multiple forms of cancer in humans. It
is also a toxic pollutant, 40 C.F.R. § 401.15, and a priority pollutant, 40 C.F.R.
Part 423 App'x A. Arsenic is further associated with non -cancer health effects of
the skin and the nervous system.
Mercury is a well-known neurotoxicant and is listed as a toxic pollutant, 40
C.F.R. § 401.15. It has the dangerous capacity to bioaccumulate, or build up in
animal tissue. When mercury leaches from coal ash into the soil or water, it is
converted by bacteria into methylmercury, an organic form that can be absorbed
by small organisms and the larger organisms that eat them. As it moves up the
food chain, the concentration of methylmercury increases. Mercury is particulary
toxic to the developing nervous system. Exposure during gestation, infancy, or
childhood can cause developmental delays and abnormalities, reduced IQ and
mental retardation, and behavioral problems.
23 Id.
24 Renewal Application 2, 3 ("Receiving Stream: Atlantic Ocean (Outfall 003 discharges into the manmade canal
which handles discharge from Duke Energy Progress Brunswick Nuclear Power Plant. This canal discharges into
the Atlantic Ocean — see Figure 1)."), Fig. 1 (PDF 14); Draft Renewal Permit PDF 13.
25 See Brunswick Draft Renewal Permit 2,
https://edocs.deq.nc. gov/WaterResources/DocView.aspx?dbid=0&id=636789&page= l &searchid=96996616-f0f0-
4d 15-8bdc-9f6c7d 150ff3 &cr=1.
26 Draft Renewal Permit PDF 13.
27 Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities,
80 Fed. Reg. 21301 (Apr. 17, 2015), https://www.federalre_ip ster.gov/documents/2015/04/17/2015-00257/hazardous-
and-solid-waste-management-system-disposal-of-coal-combustion-residuals-from-electric.
28 See 40 C.F.R. § 257.96(a) (referencing constituents listed in Appendix IV); 40 C.F.R. § Pt. 257, App. IV (listing
Constituents for Assessment Monitoring).
2

• Lead is a very potent neurotoxicant that is highly damaging to the nervous system.
Health effects associated with exposure to lead include, but are not limited to,
neurotoxicity, developmental delays, increased blood pressure (hypertension),
impaired hearing acuity, impaired hemoglobin synthesis, and male reproductive
impairment. Importantly, many of lead's health effects may occur without overt
signs of toxicity. Lead is also classified by the EPA as a "probable human
carcinogen."
• Chronic exposure to cadmium, a toxic pollutant, 40 C.F.R. § 401.15, can result in
kidney disease and obstructive lung diseases such as emphysema. Cadmium may
also be related to hypertension and is a possible lung carcinogen. Cadmium
affects calcium metabolism and can result in bone mineral loss and associate bone
loss, osteoporosis, and bone fractures.
There are relatively few studies of tire ash, but it appears to contain similar constituents.29
Ash from adulterated wood may contain any number of contaminants, including arsenic,
chromium, and lead.30 Creosote is a mixture of hundreds of chemicals including polycyclic
aromatic hydrocarbons ("PAHs"), phenol, and creosols.31 To the extent that creosote makes it
into the facility's ash, it may be carried by water and bio-accumulate in plants and animals such
as snails, shellfish, and oysters.32 Exposure to creosote causes a wide variety of health problems
ranging from stomach pains to convulsions, birth defects, and cancer.33
Runoff from the fuel piles at the facility likely contains the same contaminants as those
discussed above, plus contaminants that do not end up in the facility's ash because they are
combusted and released into the air, potentially as different chemical compounds. For example,
creosote and PAHs likely will combust along with fuel, depending on the facility's efficiency,
but will be fully present in fuel piles and more likely to end up in runoff. Runoff from coal piles
is highly acidic, with pH ranging from 2.2 to 3.1, and tends to contain high concentrations of
iron, manganese, aluminum, zinc, mercury, arsenic and selenium.34
In addition to the fuel piles, a wide variety of materials at the facility are exposed to
precipitation.35 Of greatest concern is approximately 20,000 gallons of transformer oi1,36 which
29 See U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Report to Congress,
Wastes From the Combustion of Fossil Fuels, Volume 2-Methods, findings, and recommendations, EPA 530-R-99-
010 at 3-20 and 3-21, and Table 3-10 (1999),
https://nepis.epa. eov/Exe/ZyPDF.cizi/1000154N.PDF?Dockey=1000154N. PDF.
30 See U.S. ENVT'L PROT. AGENCY, WOOD PRODUCTS IN THE WASTE STREAM —CHARACTERIZATION AND
COMBUSTION EMISSIONS, VOL. 1 TECHNICAL REPORT 7-22 to 7-23 (1996),
https://cfbub.eDa.izov/si/si Dublic record reDort.cfm?Lab=NRMRL&dirEntrvld=115188.
31 U.S. DEP'T OF HEALTH AND HUMAN SERVS., AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY,
CREOSOTE HEALTH EFFECTS: FORMER KERR MCGEE (TRONOX) FACILITY 1 (2006),
https://www.atsdr.cdc. gov/sites/KerrMcGee/docs/Creosote%20Health%20Effects%20(Tronox).Ddf
32Id. at 1-2.
33 Id. at 2-3.
34 DOYE B. COX ET AL., U.S. ENVT'L PROT. AGENCY, TENNESSEE VALLEY AUTHORITY DIVISION OF ENERGY
RESEARCH, CHARACTERIZATION OF COAL PILE DRAINAGE, INTERAGENCY ENERGY/ENVIRONMENT R&D PROGRAM
REPORT ii (1979), https://nepis.epa.gov/Exe/ZyPDF.cgi/9101EJKN.PDF?Docket'=9101EJKN.PDF.
35 Renewal Application, Table A (PDF 31-32).
36 Id.
7

often contains37 highly toxic PCBs. The transformer oil tanks do not have full -volume
secondary containment.38 According to the CPI's "materials management practice and control
measures (BPMs)," transformer oil is handled by "Gravity discharge to Oil Trap Pit; oil is
removed; accumulated stormwater is pumped to Wastewater Basin."39 The application further
states that the method of stormwater treatment is "none. ,40 It is not clear from this description
how the released transformer oil is removed, but this management practice appears unable to
remove PCBs or other contaminants from transformer oil that mix with stormwater, and
therefore appears to discharge those contaminants to the wastewater settling basins and from
there to the canal and the Atlantic Ocean. Exposed materials also include fly ash stored at ash
silos and unloading stations, "proprietary chemicals" stored in chemical storage areas, and diesel
fuel and hydraulic oil tanks.41 Management practices for these materials include "good
housekeeping" and a wet slurry for fly ash, containment and a sand filter for proprietary
chemicals, and secondary containment for the diesel and oil.42
These materials are harmful if released into the human environment, and the threat of
release grows each year as climate change makes severe storms more frequent and more severe.
Again, the greatest concern is the potential release of PCBs. PCBs, a known human carcinogen,
are present in transformer oil. When PCBs are exposed to stormwater and carried into
waterbodies, they end up settling in sediment. The main concern over PCBs in marine
environments is their high bioaccumulation capacity. PCBs have a high affinity for organic,
particulate matter, meaning they easily settle and become attached to ocean sediments. Small
benthic organisms like crustaceans feeding on bottom materials consume the PCBs and are
subsequently consumed by larger organisms. The effects of PCBs are greatly magnified as they
continue to accumulate up the food chain and persist in the fatty tissues of large animals like sea
turtles and marine mammals. Studies have shown that relatively low concentrations of PCBs in
aquatic environment can result in the accumulation of relatively high levels in aquatic animals.43
Marine mammals are particularly vulnerable to the toxic effects of PCBs because of their
high trophic level, long life span, and high fat content.44 For example, bottlenose dolphins off
the coast of South Carolina and Georgia have suffered from the effects of PCB contamination
from a Superfund site in Brunswick, Georgia.45 Scientists have demonstrated that this exposure
caused anemia, reduced endocrine function, and decreased immunity within the population.46
37 CPI states on its website that Southport started in 1987. Southport Power Plant, CAPITAL POWER,
https://www.cgpitalpower.com/operations/southport-power-plant/ (last visited Aug. 2, 2019). Manufacture of PCBs
was banned in the US in 1977. If the facility purchased all new equipment and materials, it is unclear if PCBs
would be present in the transformer oil.
38 Renewal Application PDF 29 ("Any spillage from these tanks and transformers would normally be contained.").
39 Id. at PDF 31.
40 Id.
41 Id. at PDF 31-32.
42 Id.
43 Fact Sheet, Polychlorinated Biphenyls — ToxFAQs, AGENCY FOR TOXIC SUBSTANCES & DISEASE REGISTRY
(ATSDR) (Jul. 2014), https://www.atsdr.cdc.gov/toxfaqs/tfactsl7.pdf.
44 See Alex Aguilar, et al., Biological factors affecting variability of persistent pollutant levels in cetaceans, J.
CETACEAN RES. MGMT. (1999).
45 Brian C. Balmer, et al., Relationship between persistent organic pollutants (POPS) and ranging patterns in
common bottlenose dolphins (Tursiops truncatus) from coastal Georgia, USA, SCI. TOTAL ENV°T (Feb. 2011).
46 Lori H. Schwacke, et al., Anaemia, hypothyroidism and immune suppression associated with polychlorinated
biphenyl exposure in bottlenose dolphins (Tursiops truncatus), PROC. ROYAL SOC'Y B: BIOL. SCI. (May 2011).

Compromised immune function in marine mammals is especially concerning, as it can leave
individuals more susceptible to infectious diseases and spread quickly among social groups,
leading to large-scale population mortality.47 In addition, female dolphins contaminated with
PCBs can pass them on to their young, leading to reproductive failure or calf death.48
Although sea turtles accumulate lower concentrations of PCBs than marine mammals,
exposure can nonetheless lead to a variety of negative impacts. In loggerhead sea turtles, PCB
exposure has been shown to cause anemia, reduced immune function, and generally poor body
condition.49 Since PCBs are often stored in fat cells, contamination may also lead to pansteatitis,
or "yellow fat disease," in sea turtles, which causes extreme inflammation and swelling of fatty
tissues. so
D. Current Permit
The current permit became effective on January 1, 2012. It expired on November 30,
2016, and was administratively extended —due to CPI submitting its renewal application before
the current permit expired —on May 2, 2016. The current permit only limits total suspended
solids, oils, and grease at Outfall 001, free available chlorine, chromium, and zinc at Outfall 002,
and pH and ammonia at Outfall 004.51 While the current permit states there must be no
detectable amount of any priority pollutants (excluding zine and chromium) from Outfall 003,
CPI is only required to conduct a priority pollutant analysis ("PPA") if the facility operators
attest to adding the chemicals during the manufacture, maintenance, or treatment process that
may contain a priority pollutant.52 As described below, the 2019 Draft Renewal Permit
strengthens some important protections for human health and the environment ,53 but nevertheless
is far too lax.
II. Flaws in the Draft Renewal Permit
In the sections that follow, this letter will discuss a number of serious flaws in the Draft
Renewal Permit. However, Conservation Groups first wish to thank the dedicated public
servants at DEQ for their work on this draft permit and to commend a number of important
protective measures that will be added. First, DEQ is right to identify Southport Power Plant as
47 See, e.g., Marie-Frangoise Van Bressem, et al., Cetacean morbillivirus: Current knowledge and future directions,
VIRUSES (Dec. 2014).
48 Randall S. Wells, et al., Integrating life -history and reproductive success data to examine potential relationships
with organochlorine compounds for bottlenose dolphins (Tursiops truncatus) in Sarasota Bay, Florida, SCI. TOTAL
ENVT T (Oct. 2005).
49 See, e.g., Maria Camacho, et al., Potential adverse health effects ofpersistent organic pollutants on sea turtles:
Evidences from a cross -sectional study on Cape Verde loggerhead sea turtles, SCI. TOTAL ENV°T (Aug. 2013);
Jennifer M. Keller, et al., Effects of organochlorine contaminants on loggerhead sea turtle immunity: Comparison of
a correlative field study and in vitro exposure experiments, ENVTL. HEALTH PERSP. (Jan. 2006); Jorge Orbs, et al.,
High levels of polychlorinated biphenyls in tissues of Atlantic turtles stranded in the Canary Islands, Spain,
CHEMOSPHERE (Jan. 2009).
50 Jorge Orbs, et al., Pansteatitis associated with high levels ofpolychlorinated biphenyls in a wild loggerhead sea
turtle Caretta caretta, DISEASES OF AQUATIC ORGANISMS (Feb. 2013).
51 2011 Permit PDF 5-6.
52 2011 Permit PDF 6.
53 See Draft Fact Sheet 11-14.
0

a "major" NPDES facility.54 As discussed above, the wastewater from the plant likely contains
toxic pollutants. In addition, it discharges to near -coastal waters, and there is substantial risk of
significant public health impacts given the proximity of the mixing zone to a public beach where
people swim and fish. Second, DEQ was wise to require electronic reporting of discharge
monitoring reports ("eDMR").55 This will help DEQ to identify and address any exceedances
rapidly and will make the DMRs more transparent to the public by making them available
through DEQ's Laserfiche online access system. Third, DEQ has importantly strengthened
multiple monitoring requirements, such as those for zinc, copper, nickel, and total chromium at
Outfall 003,56 and similarly at other outfalls. Frequent monitoring is essential to catching and
resolving exceedance issues quickly.57 Finally, DEQ rightly identified the presence of bottom -
ash transport water in the facility's wastewater stream'58 although this was omitted from the
sources of wastewater listed in CPI's application.59
Two new measures in the Draft Renewal Permit are improvements over the existing
permit, but must be strengthened to be adequately protective. First, DEQ will require CPI to
conduct a PPA at Outfall 003 in service of the current and renewal permits' prohibition on
discharging any priority pollutants and has not made the PPA requirement waivable.60
Conducting a PPA on the effluent is essential to determining which contaminants are present and
what needs to be done to address them. However, DEQ should continue to require CPI to
conduct a PPA at least annually by grab or composite sampling, not engineering calculations.
Second, Conservation Groups are pleased to see DEQ identify and address the potential for the
release of PCBs .61 As discussed below, however, DEQ should require stronger preventative
measures, particularly given the likelihood of severe storm impacts.
A. Clean Water Act Permitting Background
The Clean Water Act prohibits discharging any pollutant except in compliance with
certain provisions of the Act .62 The primary exception to liability is for discharges made
pursuant to a National Pollutant Discharge Elimination System ("NPDES") permit.63 NPDES
permits control pollution by setting (1) limits based on the technology available to treat
pollutants ("technology based effluent limits" or "TBELs") and (2) any additional limits
necessary to protect water quality ("water quality -based effluent limits" or "WQBELs") on the
54 Draft Renewal Permit PDF 1; see 40 C.F.R. § 122.2 (defining "major facility" as designated by the regulator);
NPDES Applications, N.C. DEP'T of ENVT'L QUALITY, https://deg.nc.gov/about/divisions/water-resources/water-
resources-permits/wastewater-branch/npdes-wastewater/applications (last visited July 23, 2019) (defining "major
facility" as "any permit with a score of 80 or higher on the EPA Ratings Sheet").
55 Draft Renewal Permit PDF 1.
56 Draft Renewal Permit 6 (PDF 9), PDF 1-3.
57 "The effectiveness of the permitting process is heavily dependent on permit holder compliance with the CWA's
monitoring and reporting requirements." Piney Run Pres. Assn v. Cty. Commis of Carroll Cty., MD, 268 F.3d 255,
266 (4th Cir. 2001).
58 Draft Renewal Permit 2 (PDF 5).
59 Renewal Application 2 (PDF 9).
60 Draft Renewal Permit 6 n.3 (PDF 9); Draft Renewal Permit PDF 2.
61 Draft Renewal Permit PDF 1 (discussing footnote added to each outfall prohibiting discharge of PCBs).
62 33 U.S.C. § 1311(a).
63 Piney Run, 268 F.3d at 265.
10

wastewater dischargers.64 An NPDES permit must assure compliance with all statutory and
regulatory requirements, including state water quality standards.65
DEQ issues NPDES permits under authority delegated to North Carolina by the U.S.
Environmental Protection Agency (`EPA").66 North Carolina's primary statute for
implementing its NPDES permitting program is N.C. Gen. Stat. § 143-215.1, which requires a
permit from the Environmental Management Commission ("EMC") before any person may
"make any outlet into waters of the state," or
[c]ause or permit any waste, directly or indirectly, to be discharged to or in any manner
intermixed with the waters of the State in violation of the water quality standards
applicable to the assigned classifications or in violation of any effluent standards or
limitations established for any point source, unless allowed as a condition of any permit .
67
The EMC has the power to issue permits with such conditions as the EMC believes are necessary
to achieving the purposes of Article 21 of Chapter 143 of the General Statutes, including NPDES
permits.68 The EMC has delegated its authority to issue NPDES permits to DEQ, specifically, its
Division of Water Resources.
B. Require Testing and Establish Limits in This Permit
1. Require CPI to Test its Wastewater
Under North Carolina law, the applicant for a NPDES permit has "the burden of
providing sufficient evidence to reasonably ensure that the proposed system will comply with all
applicable water quality standards," and no permit may be issued that does not ensure
compliance.69 Part of the permit applicant's burden in this regard is to disclose all relevant
information, such as the presence of known constituents in a discharge that pose a potential risk
to human health. The permit applicant is required to disclose "all known toxic components that
can be reasonably expected to be in the discharge, including but not limited to those contained in
a priority pollutant analysis.i70 While the North Carolina Administrative Code does not contain
a definition of "toxic component," North Carolina water quality regulations define "toxic
substance" to include:
64 33 U.S.C. § 1311(b), 1314(b); 40 C.F.R. § 122.44(a)(1), (d).
6s 33 U.S.C. § 1342(a)(1)(A); 40 C.F.R. § 122.43(a); 15A N.C. Admin. Code 2H .0118; see also 15A N.C. Admin.
Code 2H .0112(c) ("No permit may be issued when the imposition of conditions cannot reasonably ensure
compliance with applicable water quality standards."); N.C. Gen. Stat. §§ 143-215.6A-C (authorizing civil and
criminal penalties and injunctive relief for violations of surface water standards).
66 See National Pollutant Discharge Elimination System Memorandum of Agreement Between the State of North
Carolina and the United States Environmental Protection Agency Region 4 (2007),
hiips://www. epa. gov/sites/production/files/2013-09/documents/nc-moa-npdes.pdf.
67 N.C. Gen. Stat. § 143-215.1.
68 N.C. Gen. Stat. § 143-215.1(b).
69 15A N.C.A.C. 2H .0112(c).
70 15A N.C.A.C. 2H .01050) (emphasis added); see 40 C.F.R. § Pt. 122, App. A (identifying "steam electric power
plants" as a NPDES primary industry category).
11

any substance or combination of substances (including disease -causing agents), which
after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food
chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic
mutations, physiological malfunctions (including malfunctions or suppression in
reproduction or growth) or physical deformities in such organisms or their offspring.71
These disclosure obligations are critical, in part, because they define the scope of the
Clean Water Act's "permit shield." While compliance with the express terms of an NPDES
permit generally "shields" the permittee from liability for violations of 33 U.S.C. § 1311, the
permit does not shield the permittee from liability where the pollutant being discharged was not
within the "reasonable contemplation" of the permitting agency when it issued the permit due to
nondisclosure by the permittee.72 "`Because the permitting scheme is dependent on the
permitting authority being able to judge whether the discharge of a particular pollutant
constitutes a significant threat to the environment, discharges not within the reasonable
contemplation of the permitting authority during the permit application process do not receive
the shield's protection."73 Similarly, EPA's guidance regarding the permit shield provides that a
permit only "provides authorization and therefore a shield for ... pollutants resulting from
facility processes, waste streams and operations that have been clearly identified in the permit
application process when discharged from specified outfalls."74 Emphasizing the importance of
these disclosure requirements, the signatory to a permit application must swear to its accuracy.75
Accordingly, CPI is required to disclose all pollutants that it reasonably expects to
discharge. One way in which CPI could develop a reasonable belief about the pollutants
contained in its wastewater —the more theoretical method —is to review its various waste
streams, including which pollutants are contained in its fuel sources and which of those leach off
of fuel piles or are left in bottom ash after combustion. Another, more practical way to do so is
simply to conduct testing at the facility's outfalls, making sure to do so more than once, under
different operating conditions such as different fuel mixes. These methods are no not mutually
exclusive.
Based on the Draft Renewal Permit and CPI's Application, CPI should have identified
some additional pollutants and should have conducted additional testing. In its Application, CPI
completed the effluent data table that is item 15 of DEQ's "NPDES Permit Application —Short
Form C—Minor Industrial," which requires the applicant to provide values for: biochemical
oxygen demand (BOD5), chemical oxygen demand, total organic carbon, total suspended solids,
ammonia (as N), temperature (both winter and summer), pH, fecal coliform, and total residual
chlorine.76 The only addition that CPI made to this list was to state: "Data for minor discharge
71 15A N.C.A.C. 2B .0202(64).
72 33 U.S.C. § 1342(k); see Piney Run, 268 F.3d at 265.
73 S. Appalachian Mountain Stewards v. A & G Coal Corp., 758 F.3d 560, 564 (4th Cir. 2014) (quoting Piney Run,
268 F.3d at 268).
74 U.S. ENVT'L PROT. AGENCY, REVISED POLICY STATEMENT ON SCOPE OF DISCHARGE AUTHORIZATION AND SHIELD
ASSOCIATED WITH NPDES PERMITS, hiips://www3.epa.gov/npdes/pubs/owmOI31.pdi
75 NPDES Permit Standard Condition § II.13.11.d; 40 C.F.R. § 122.22.
76 Renewal Application PDF 11.
12

due to clean out of submerged bottom ash drag chain provided in Appendix 4."77 Appendix 4
shows discharge monitoring reports (DMRs) dating from February 2015 through February 2016
for internal Outfalls 001, 002, and 004.78
There are two big flaws with this disclosure. First, Outfall 003 does not appear among
these DMRs. This omission is alarming. Outfall 003 is the final outfall before the facility's
wastewater is conveyed to the Atlantic Ocean, making it the essential outfall both for testing and
for setting protective limits. In addition, Outfall 003 receives bottom -ash transport water and
might be the only outfall the does so,79 making testing there essential. (The Draft Renewal
Permit identifies Outfall 001 as receiving bottom -ash transport water as well.80) Furthermore,
the Application also does not explain whether any of the outfalls were tested at a time when
CPI's bottom -ash transport water was being flushed from its drag -chain pit .81
Second, these DMRs are based on the existing 2011 permit and therefore include
monitoring information only for the pollutants limited in that permit, which is incomplete. For
example, although Outfall 001 discharges coal -pile runoff and potentially bottom -ash transport
water, the 2011 permit limits only flow, total suspended solids, and oil and grease, 82 and the
DMRs for Outfall 001 show results only for these pollutants.83 Based on the pollutants that the
facility is likely to discharge, discussed above, the existing 2011 permit almost certainly fails to
set limits for important pollutants that the facility discharges. Based on the constituents of coal
ash, CPI should reasonably expect its bottom -ash transport water to contain antimony, arsenic,
barium, beryllium, cadmium, chromium, lead, mercury, nickel, selenium, silver, and thallium.
This is nearly the entire list of "other toxic pollutants (metals and cyanide) and total phenols"84
that applicants with processes in a primary industry category are required to test for. 5 Based on
discharging runoff from a woodpile that may contain creosote, CPI should reasonably expect its
wastewater also to contain a variety of PAHs, as well as phenols86 and cresol.87 In drafting the
renewed permit, DEQ must not simply transcribe those limits, but instead require CPI to meet its
disclosure obligation and set limits for any additional pollutants revealed.
Consistently with its duty to ensure compliance with the Clean Water Act88 and its
correct decision to classify Southport Power Plant as a major NPDES facility, DEQ should
require CPI to test its wastewater for the full suite of primary -industry pollutants. CPI submitted
its renewal application under its prior minor NPDES designation, on the "Short Form C—Minor
Industrial" form, with limited effluent data.89 As a major NPDES facility that discharges process
77 Id.
78 Renewal Application, App'x 4: Discharge Monitoring Reports & Supporting Effluent Data, PDF 39-93.
79 See Renewal Application PDF 15.
80 Draft Renewal Permit 3 (PDF 6).
81 See Renewal Application PDF 94.
" 2011 Permit PDF 5.
83 Renewal Application, App'x 4: Discharge Monitoring Reports & Supporting Effluent Data, PDF 40.
84 40 C.F.R. § Pt. 122, App. D, Table III.
8s 40 C.F.R. § 122.2 1 (g)(7)(v) (requiring this testing for "existing manufacturing, commercial, mining, and
silvicultural dischargers" that have "processes in one or more primary industry category").
86 See 40 C.F.R. § Pt. 122, App. D, Table III (listing total phenols).
87 See 40 C.F.R. § Pt. 122, App. D, Table V (listing cresol).
88 40 C.F.R. § 122.4(a).
89 See Renewal Application 4 (PDF 11).
13

wastewater, CPI should submit its renewal application on EPA Form 2C,90 which pursuant to
federal law requires this testing.91 DEQ should require it to do so. In light of CPI's apparent
omission of DMRs from Outfall 003, DEQ should be sure to require it to test its bottom -ash
transport water specifically, without permitting CPI to discharge that wastewater externally.
2. Require Whole Effluent Toxicity Tests
Whole effluent toxicity ("WET") refers to the aggregate toxic effect to aquatic organisms
from all pollutants contained in a facility's wastewater. It is one of the ways in which regulators
prevent the discharge of pollutants in toxic amounts. WET measures the effects of a discharger's
wastewater on specific test organisms' ability to survive, grow, and reproduce. There are
different methods of WET testing for freshwater and marine ecosystems, and for acute and
chronic toxicity. Testing methods are described in federal regulations at 40 C.F.R. § 136.3.92
Pursuant to an August 2, 1999 memorandum, DEQ requires appropriate WET testing for all
"major" NPDES dischargers and any discharger of "complex" wastewater.93
DEQ proposes not to require CPI to conduct WET testing of its discharges, reasoning that
"[b]ecause this facility discharges to the Atlantic Ocean via [Brunswick Steam Electric Plant
(`BSEP")] discharge canal (not waters of the state), WET testing is not required. ,94 This
reasoning is flawed. First, pursuant to the August 2, 1999 WET memorandum, DEQ should
require CPI to conduct WET testing simply because CPI is a major NPDES facility. Second,
DEQ's reasoning proves too much; if CPI need not conduct WET testing because the waterbody
that immediately receives its wastewater is the BSEP discharge canal, which is man-made and
not a water of the State, then none of Southport Power Plant's wastewater streams are discharged
to a jurisdictional water and it does not need a NPDES permit at all. Under this line of
reasoning, it would be the permittee for the BSEP canal —Duke Energy Progress —that is
responsible for CPI's discharges because only the BSEP discharges directly to the jurisdictional
Atlantic Ocean.95 However, the draft renewal permit for BSEP does not allow it to discharge
CPI's wastewater.96 More importantly, this position is contrary to the Clean Water Act, which
90 NPDES Applications, N.C. DEP'T OF ENVT'L QUALITY, https://deq.nc.gov/about/divisions/water-resources/water-
resources-permits/wastewater-branch/npdes-wastewater/applications (last visited August 1, 2019).
91 U.S. Envt'l Prot. Agency, Application Form 2C—Wastewater discharge Information (EPA Form 3510-2C),
https: //files. nc.,lzov/ncdeq/W ater%2OQuality/Surface%20 W ater%20Protection/NPDE S/APPLICATION%20FORMS
/EPA-Form-2C-20090710-DWO-S WP-NPDES.pdf.
92 Whole Effluent Toxicity Methods, U.S. ENvT'L PROT. AGENCY, https://www.epa.,lzov/cwa-methods/whole-
effluent-toxicity-methods#chron-marine (last visited July 30, 2019).
93 Memorandum from Coleen Sullins, N.C. Dep't of Envt'l Quality, Div. of Water Quality, to Regional Supervisors
1 (Aug. 2, 1999), http://portal.ncdenr.oriz/c/document librar/get file?uuid=448ccafd-ced9-4764-8185-
a7f471 fbdbdd&P,roupId=38364.
94 Draft Fact Sheet 7.
95 40 C.F.R. § 230.3(o)(1)(iii); N.C. Gen. Stat. § 143-212(6).
96 BSEP Draft Renewal Permit 2,
https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=636789&pace=l &searchid=96996616-fOfU-
4dl 5-8bdc-9f6c7dl 50ff3&cr=1.
14

puts the responsibility for a discharge on the discharger, regardless of how the discharge reaches
jurisdictional waters.97
Accordingly, DEQ should require CPI to conduct appropriate WET tests. The rationale
underlying DEQ's decision not to require WET testing appears really to be not that BSEP's canal
is not jurisdictional, but that there is nothing in the canal for CPI's wastewater to kill. This may
be true as far as it goes, but the affected environment in question is the marine ecosystem in the
Atlantic Ocean around the BSEP outfall. Dilution in the BSEP canal might affect how CPI's
discharge affects that ecosystem and therefore what type of WET testing that CPI conducts. For
example, after dilution in the BSEP canal, CPI's wastewater might be less acutely toxic to
marine organisms in range of the canal's mixing zone, but might still be toxic under chronic
exposure. Which forms of WET testing to require is a decision for DEQ to make using its
expertise to protect public health and the environment. To get an accurate measurement of the
toxicity of CPI's wastewater, DEQ should require two separate WET tests, one for CPI's
wastewater when it includes bottom -ash transport water (again, without permitting CPI to
discharge this water to the canal), and one for its regular wastewater exclusive of bottom -ash
transport water. Finally, although Duke Energy Progress and CPI are each responsible for their
own discharges, the combined discharge through the BSEP canal raises an additional WET
concern, namely, that the whole of their combined pollutants might be more toxic than the sum
of their separate WETs. DEQ should require a WET test for the combined discharge because
that is what marine organisms experience.
3. Set Limits in This Permit Based on Test Results
DEQ is under an obligation to use the effluent information provided by permit applicants
to protect public health and the environment, in pursuit of the state's policy to conserve its water
and air resources and to "maintain for the citizens of the State a total environment of superior
quality."98 DEQ must not issue a permit if the conditions of the permit do not ensure compliance
with the applicable requirements of the Clean Water Act99including technology -based effluent
limitations, discussed below —and applicable water quality standards.100 To carry out the
NPDES program, DEQ should "analyze[] the environmental risk posed by the discharge, and
place[] limits on those pollutants that ... it `reasonably anticipates' could damage the
environmental integrity of the affected waterway."101
To satisfy this obligation, DEQ should require CPI to carry out the testing described
above, and then incorporate the results into limits and conditions in this renewal permit, subject
to frequent monitoring. In the Draft Renewal Permit, DEQ proposes finally to require CPI to
conduct a PPA on Outfall 003 once per permit cycle, beginning only in the next permit cycle.102
97 Upstate Forever v. Kinder Morgan Energy Partners, L.P., 887 F.3d 637, 650 (4th Cir. 2018) (citing 33 U.S.C. §
1362(12)(A)); see also N.C. Gen. Stat. § 143-215.1(a)(6) (prohibiting discharge "directly or indirectly" in violation
of water quality standards or effluent limitations).
98 N.C. Gen. Stat. § 143-211(a).
99 40 C.F.R. § 122.4(a).
'00 15A N.C. Admin. Code 2H .0112(c).
'0' Piney Run, 268 F.3d at 268.
102 Draft Renewal Permit cover letter 2-3; Draft Renewal Permit 6 n.3. The publicly available Laserfiche file for
Southport Power Plant's NPDES permits does not reveal any prior PPAs.
15

DEQ offers no reason for allowing this delay and none is obvious, particularly when three years
have elapsed since CPI's current weak permit expired. DEQ imposes no conditions on when this
PPA may take place during the course of the ensuing four and a half years, and in particular does
not require that it take place at a time when CPI is flushing bottom ash from its drag -chain pit.
Furthermore, DEQ proposes to allow CPI to demonstrate compliance with the priority pollutant
discharge prohibition through engineering calculations, rather than actually physically testing the
wastewater. This is insufficient. DEQ should direct CPI to conduct the testing described above,
using actual samples of its wastewater.
C. Wastewater Treatment System Must use Best Available Technology
Under the Clean Water Act, polluters must control their discharges of pollutants using the
best available technology economically achievable ("BAT"): "such effluent limitations shall
require the elimination of discharges of all pollutants if the Administrator finds ... that such
elimination is technologically and economically achievable."'0' The EPA requires that
"[t]echnology-based effluent limitations shall be established under this subpart for solids,
sludges, filter backwash, and other pollutants removed in the course of treatment or control of
wastewaters in the same manner as for other pollutants." 104
In the absence of promulgated effluent limitation guidelines, the NPDES permit writer
must use best professional judgment ("BPJ") to determine the BAT standard applicable to the
wastewater discharges from Southport Power Plant.105 When applying BPJ, "[i]ndividual
judgments []take the place of uniform national guidelines, but the technology -based standard
remains the same."10 In other words, the DWR must operate within strict limits when
identifying BAT based on BPJ.
The first step in identifying BAT is identifying available technologies. At a minimum,
technological availability is "based on the performance of the single best -performing plant in an
industrial field."107 In other words, if the technology is being applied by any plant in the
industry, it is achievable.108 But determination of technological availability is not limited to a
single industrial field. "Congress contemplated that EPA might use technology from other
industries to establish the [BAT]."109 International facilities can also be used to define BAT. 110
EPA's NPDES Permit Writers' Manual states that "BAT limitations may be based on effluent
reductions attainable through changes in a facility's processes and operations.... even when
103 33 U.S.C. § 1311(b)(2)(A).
104 40 C.F.R. § 125.3(g).
105 33 U.S.C. § 1342(a)(1)(B); 40 C.F.R. § 125.3; 15A N.C. Admin. Code 211.0118.
106 Texas Oil & Gas Assn v. U.S. E.P.A., 161 F.3d 923 (5th Cir. 1998).
107 Chem. Mfrs. Assn v. U.S. E.P.A., 870 F.2d 177, 226 (5th Cir.) decision clarified on reh'g, 885 F.2d 253 (5th Cir.
1989); see Am. Paper Inst. v. Train, 543 F.2d 328, 346 (D.C. Cir. 1976) (BAT should "at a minimum, be established
with reference to the best performer in any industrial category").
108 See Kennecott v. U.S. E.P.A., 780 F.2d 445, 448 (4th Cir. 1985) ("In setting BAT, EPA uses
not the average plant, but the optimally operating plant, the pilot plant which acts as a
beacon to show what is possible").
'09 Id. at 453.
110 Am. Frozen Food Inst. v. Train, 539 F.2d 107, 132 (D.C. Cir. 1976).
16

those technologies are not common industry practice.""' Even pilot studies and laboratory
studies can be used to establish BAT; the technology need not be in commercial use to be
considered available.' 12
In sum, BAT requires "a commitment of the maximum resources economically possible to
the ultimate goal of eliminating all polluting discharges."113
1. The Draft Renewal Permit Fails to Require Effluent Limitations Based on
BAT
There are significant flaws in DEQ's technology -based effluent limitations ("TBELs")
analysis, explained in the Draft Fact Sheet for the Draft Renewal Permit.114 First, DEQ has not
established any TBELs for Outfall 003.115 DEQ does not explain its decision to limit TBELs to
internal outfalls. As discussed above, Outfall 003 is the final outfall at the facility before CPI's
wastewater is conveyed through the BSEP canal to the ocean and appears to be the only outfall
that discharges CPI's bottom -ash transport water. As the sole external outfall at the facility, it is
crucial to establish strong TBELs for Outfall 003, and these TBELs must take into account all of
the facility's wastewater streams. To the extent that the waste streams leading to internal outfalls
may be subject to different TBELs from one another, the most stringent should apply at Outfall
003.
Second, DEQ incorrectly determined that BAT applies to only one waste stream, cooling
tower blowdown, finding that "best professional judgment" (`BPJ") or "new source performance
standards" ("NSPS") apply to the remaining waste streams, including bottom -ash transport
water.116 DEQ explains that it has relied on TBELs for the "steam electric power generating
point source category," set out at 40 C.F.R. Part 423, "' and includes excerpts from a 1982 EPA
guidance document on effluent limitations for this source category.118 This document appears to
show the concentrations of various pollutants in effluent from the coal -ash settling ponds at a
number of coal -burning power plants in the early 1980s. It does not represent the current BAT.
BAT for this source category is provided in the effluent limitation guidelines at 40 C.F.R.
§ 423.13. Applying BAT results in stricter permit limits than DEQ has proposed. Most
importantly, BAT for bottom -ash transport water is "no discharge," a standard that dischargers
"'U.S. ENVT'L PROT. AGENCY, NPDES PERmrr WRITERS' MANUAL 5-16 (Sept. 2010),
hiips://nepis.epa. gov/Exe/ZyNET.exe/P 1009L3 5.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2006+Thru
+2010&Docs=&Query=&Time=&EndTime=&SearchMethod=l&TocRestrict=n&Toc=&TocEntry�—::&QField=&QF
ieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=O&ExtQFieldOp=O&XmlQuery=&File=D%3 A%5 Czyfiles
%5C1ndex%20Data%5C06thru10%5CTxt%5C00000023%5CP 1009L35.txt&User=ANONYMOUS&Password=an
onymous& S ortMetho d=h%7 C -
&MaximumDocuments=l&FuzzyDegree=0&ImageQuality=r750/r75 8/g x150yl5006/i425&Display=hpfr&DefSe
ekPaae=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20paae&MaximumPaizes=1 &ZyEntr
y=1&SeekPage=x&Z. Pam.
112 See American Paper Inst. v. Train, 543 F.2d 328, 353 (D.C. Cir. 1976).
113 EPA v. National Crushed StoneAss'n, 449 U.S. 64, 74 (1980) (emphasis added).
114 Draft Fact Sheet 8.
115 Draft Fact Sheet 8-9.
116 Draft Fact Sheet 8.
117 Draft Fact Sheet 6.
' 18 Draft Fact Sheet at PDF 120-25.
17

must meet by a date to be determined by the permitting authority. This date must be "as soon as
possible beginning November 1, 2020, but no later than December 31, 2023."119 The renewal
permit that DEQ ultimately issues will extend at least into 2024, but the Draft Renewal Permit
unlawfully fails to require CPI to cease discharging any bottom -ash transport water. BAT
requires stricter effluent limitations on other wastewater streams as well. For example, BAT for
cooling -tower blowdown limits total zinc to Img/L,120 yet Outfall 001, which includes cooling -
tower blowdown,121 limits only flow, pH, total suspended solids, and oil and grease.122 As noted
above, for waste streams not listed in this regulation, the permit writer must use BPJ to determine
BAT.
Furthermore, DEQ improperly failed to apply water quality -based effluent limits
("WQBELs") on top of TBELs. In its description of its "reasonable potential analysis" ("RPA")
for toxicants, DEQ explains that WQBELs and nutrient strategies were "evaluated but not
applied at Outfall 003 (the final outfall)," apparently because the BSEP canal is not a water of
the State, and WQBELs and nutrient strategies apply to the Atlantic Ocean instead.123 For
reasons discussed above, simply because CPI's wastewater passes through the BSEP canal
before reaching jurisdictional waters does not mean that Clean Water Act requirements such as
WQBELs do not apply. The Clean Water Act contemplates protections based on the best
available technology, followed by any further restrictions necessary to meet WQBELs. 124
2. Better Wastewater Treatment is Technologically and Economically
Achievable
Zero liquid discharge ("ZLD"), a wastewater management strategy that eliminates any
liquid waste leaving the plant or facility boundary with the majority of water being recovered for
reuse, is the primary way of achieving a closed -loop cycle for industrial wastewater coming from
power plants.125 Closed -loop systems for industrial wastewater have been contemplated as cost-
effective environmental alternatives to traditional industrial wastewater discharge practices for
several decades.126 ZLD dates back to the 1970s, but has become more popular as technology
and policy have advanced. Improvements in ZLD technologies now make it possible to create a
closed system, reduce costs, and mitigate coal-fired plants' environmental impacts.127
1" 40 C.F.R. § 423.13(k)(1)(i). The ELG rule exempts electric generating units with nameplate capacities of less
than 50 megawatts, 40 C.F.R. § 423.13(k)(2); however, Southport Power Plant is larger, at approximately 88
megawatts.
"0 40 C.F.R. § 423.13(d)(1).
121 Draft Permit 3.
122 Draft Permit 3; Draft Fact Sheet 8.
123 Draft Fact Sheet 6.
124 33 U.S.C. § 1311(b), 1314(b); 40 C.F.R. § 122.44(a)(1), (d).
115 Tiezhen Tong and Menachem Elimelech, The Global Rise of Zero Liquid Discharge for
Wastewater Management: Drivers, Technologies, and Future Directions, ENVT'L SCI.& TECH.,
2016, 50, https: [/pubs.acs.org/doi/�df/10.1021/acs.est.6b01000.
126 See, e.g., William J. Lacy, The closed -loop cycle for industrial wastewater: The future pollution solution, ENVT'L
INT'L, Vol. 2, Issue 1, 3-8 (1979).
127 Numbers Game: Plant Pollution and Zero Liquid Dischargei, GOODwAY TECH. CORP. (Feb. 26, 2016),
https://www. og odway.com/hvac-blog/2016/02/numbers-game-plant-pollution-and-zero-liquid-discharge/.
OR

ZLD systems work by evaporating the purge stream and completely separating dissolved
contaminants from the water.128 This process produces a stable solid which can be landfilled or
sold, and high -quality distilled water that is returned for reuse in the plant. While ZLD requires
an energy and capital investment, the cost of the technology can be partially offset by the sale of
valuable byproducts such as calcium carbonate and critical metals and elements, which can result
in a supplementary stream of income for power plants.129 ZLD also alleviates several concerns
present with conventional wastewater treatment and disposal: for example, ZLD eliminates the
need to dispose of certain wastewater off -site, offsets freshwater shortages driven by the growth
of global water -intensive industries, and makes it easier to comply with government discharge
permits.130
In 2008, there were 82 ZLD plants, 60 of which were associated with the power industry.
In 2015, EPA promulgated technology -based effluent limitations guidelines and standards
("2015 ELGs") that tightened existing regulations on wastewater discharge from thermal power
plants and provided additional regulatory incentives for ZLD installation in U.S. power plants.131
Multiple power plants have moved towards a ZLD configuration even though the 2015 ELGs
will not take effect for several years. For example, the Dallman Power Station in Springfield,
Illinois, achieved zero liquid discharge for Flue Gas Desulfurization almost a decade ago in
2010.131 In 2012, the Mayo Generation Station in Roxboro, NC, installed a partial ZLD
treatment system for flue -gas desulfurization.133
The Southport Plant discharges four kinds of industrial wastewaters: coal pile runoff, fuel
pile runoff (wood and tire derived fuel), wastewaters (boiler feed water, boiler blowdown, and
misc. sumps), and bottom ash transport water. At least some of these discharges can be
eliminated through the adoption of a ZLD configuration. For example, the bottom ash system
could be converted to a ZLD configuration.134 Industry experts agree that closed -loop bottom
ash water systems can be implemented in an efficient and effective manner and can even
improve a power system's overall operations.135 The wastewater disposal system, which includes
cooling tower blowdown, could also be modified so that wastewater is reused rather than
discharged into the local waterway.136 For example, the Indiantown Cogeneration Plant in
12a William A. Shaw, PE, Fundamentals of Zero Liquid Discharge System Design, POWER NIAG. (Oct. 1, 2011),
https://www.powermag.com/fundamentals-of-zero-liquid-dischar ems-system-design/?printmode=1.
129 Wastewater Treatment for Power Plants: Considering Zero Liquid Discharge, WESTECH ENG'G (Sept. 5, 2017),
http: //www. westech-inc. com/blog-commerical-industry/wastewater-treatment-for-power-plants-considering-zero-
lii uid-discharge.
130 Id.
131 Id.; 40 C.F.R. § 423.13 (k)(1)(i).
132Coal fired power plant achieves ZLD for FGD wastewater, AQUATECH INTERNATIONAL CORP. (Sept. 14, 2010),
h!Ws://www.environmental-expert. com/articles/coal-fired-power-plant-achieves-zld-for-fgd-wastewater-194733.
133 Examining ZLD Options for Electric Power Facilities, WATERWORLD (Oct. 1, 2012),
h!Ws://www.waterworld.com/industrial/article/16211578/examinin -zg Id -options -for -electric -power -facilities.
134 David Weakley, II, Zero Liquid Discharge: Bottom Ash Transport Water, GAI CONSULTANTS
( 2016), https:/.Igaiconsultants.com/zero-liquid-discharge-bottom-ash-transport-water/.
1 5 Id. at 4.
136 Describing a coal-fired plant in Florida that has "modified its wastewater treatment
technology in 2017 to add equipment that allows it to reuse its wastewater instead of
discarding it, achieving zero liquid discharge and eliminating disposal into the local
waterway." Wastewater Treatment for Power Plants: Considering Zero Liquid Discharge,
19

Florida, a 360 MW coal-fired plant, has successfully operated under a ZLD scheme for
wastewater for over two decades.137
CPI has the resources to employ better wastewater treatment technology. According to
its 2016 Annual Report, "Capital Power has a strong balance sheet, an investment -grade credit
rating and access to the capital markets to fund growth."138 That year, "[it] raised approximately
$1 billion in gross proceeds from financings, which included a $450 million medium -term note, a
$183 million common -share issuance, and $150 million in preferred shares. These financings
significantly improve [its] liquidity and strengthen [its] balance sheet and financing capabilities
so [it] can continue to invest in new assets." 139 Furthermore, Dividends paid by the company to
holders of common stock have been steadily rising since 2013. "Due to the success of our
focused growth strategy in targeted Canadian and U.S. markets in both natural gas and
renewables, [the company] extended [its] 7% dividend growth target through 2021." 140 This
indicates that Capital Power has excess cash flow and anticipates having excess cash flow in the
future.
D. Storm Preparedness
In light of the presence of transformer oil that likely contains PCBs as well as other
potentially hazardous materials on -site, DEQ should require improved management practices for
storm preparedness. First, DEQ should require full -capacity secondary containment for all
transformer oil to prevent the discharge of PCBs. Merely directing CPI not to discharge PCBs is
not enough, particularly under the growing threat of severe storms. Second, DEQ should require
CPI to show that its BMPs are sufficient to prevent discharges under present and forecast severe -
storm conditions. Among other things, containment for hazardous materials such as transformer
oil should be capable of preventing discharge even during flood conditions.141
III. Conclusion
For reasons set forth above, Conservation Groups request DEQ take the following actions
concerning the renewal of the NPDES wastewater permit for Southpoint Power Plant:
1) require CPI to test its bottom -ash transport water for primary -industry pollutants
and any other pollutants that CPI reasonably should expect to discharge, but
prohibit CPI from discharging bottom -ash transport water from Outfall 003 to do
so;
WESTECH ENG'G (Sept. 5, 2017), http://www.westech-inc.com/blog-commerical-
industry/wastewater-treatment-for-power-plants-considering-zero-liquid-discharge.
131 Examining ZLD Options for Electric Power Facilities, WATERWORLD (Oct. 1, 2012),
hit2s://WWW'Waterworld.com/industrial/article/I 6211578/examinin g-zld-options-for-electric-power-facilities.
"' CAPITAL, POWER, ANNUAL REPORT 2016 at 6, https://www.cgpitalpower.com/wp-content/uploads/2019/06/2016-
Annual-Report.pdf.
139 CAPITAL, POWER, ANNUAL REPORT 2017 at 8, https://www.capitalpower.com/"-content/uploads/2019/06/2017-
Annual-Report.pdf.
140 CAPITAL POWER, ANNUAL REPORT 2018 at 10, hlWs://www.capitalpower.com/wP-
content/uploads/2019/06/2018-Annual-Report-1.pdf.
141 See Blair -Frasier, R., & M. Hockett, Q & A: Protecting Facilities from Hurricane Damage, DISQUS (2017),
https: //www. manufacturing.net/article/2017/06/q -protecting-facilities-hurricane-damage.
20

2) require CPI to test its other wastewater for primary -industry pollutants and any
other pollutants that CPI reasonably should expect to discharge;
3) set limits in this renewal permit based on the pollutants identified in testing and
require frequent monitoring for them, including a priority pollutant analysis for
Outfall 003 at least annually based on actual grab or composite sampling;
4) use BAT to establish the effluent limits for all of CPI's wastewater streams,
including using BPJ to determine BAT if necessary;
5) consistently with 40 C.F.R. § 423.13(k)(1)(i), require CPI to cease discharging
bottom -ash transport water as soon as possible but no later than December 31,
2023;
6) consistently with BAT, require CPI to employ improved wastewater treatment for
all waste streams, including ZLD wherever feasible;
7) require CPI to employ more protective measures to guard against releases during
severe storms.
In addition, due to high potential for CPI's wastewater discharge to affect the nearshore
ecosystem and recreation at Caswell Beach, Conservation Groups request DEQ hold a public
hearing on the renewal permit.142
Thank you for considering our comments and for your service to the State.
� *6ry
Kerri Allen, Coastal Advocate
North Carolina Coastal Federation
Pete Key
President
Brunswick Environmental Action Team
Chandra Taylor
Senior Attorney
Southern Environmental Law Center
Cape Fear Riverkeeper
Cape Fear Riverwatch
Bridget Lee
Senior Attorney
Sierra Club
Nick Jimenez
Associate Attorney
Southern Environmental Law Center
142 See 33 USC 1342(b); 40 C.F.R. § 104.3; 40 C.F.R. § 124.12.
21

Denard, Derek
From: Theodore Todorov <[e-mail]>
Sent: Friday, December 13, 2019 10:57 AM
To: SVC_DENR.publiccomments
Cc: [e-mail]
Subject: [External] CPI
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Hello,
I live at 405 Fire Fly Lane, Southport, North Carolina. I write with concern about the request for renewal of CPI's
stormwater and wastewater discharge permits.
It is clear, more frequent, neutral oversight of the plants operations is warranted. In addition to the potential for
irreparable damage to the environment from wastewater discharge, the CPI plant is the cause of air and noise pollution
in the surrounding area. It is disruptive to residents and frankly, very messy. On a weekly basis (minimally)we have to
wipe down railings and outdoor furniture. It can be difficult to converse, at times, because of noise from the plant. We
are unsure, what, if any damage, the soot from the plant is causing to those who breathe it in the course of being
outdoors.
I suggest, as a start, a council be formed with community representation to facilitate communication between the plant
and the community. More importantly, I urge you to carefully consider CPI's permit request. There needs to first be
more transparency from CPI and assurances provided to Brunswick County residents that their health and safety are not
being jeopardized.
Sincerely,
Theodore G. Todorov
405 Fire Fly Lane
Southport, North Carolina 28461

Denard, Derek
From: Ted Todorov <[e-mail]>
Sent: Sunday, December 22, 2019 10:46 AM
To: SVC_DENR.publiccomments
Subject: [External] Southport CPI plant
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Good day,
I am writing for the second time to express concern about the operation of the neighboring CPI plant in Southport,
North Carolina.
As a property owner, I have major concerns about the excessive noise coming from the plant. I write this on a Sunday
morning having listened to noise from CPI constantly, day and night throughout the weekend. Even with our windows
shut the noise is loud enough to be disruptive to sleep patterns.
The noise concerns are only part of the potential damaging impacts of the plant's operations. There are serious air and
water quality issues as well.
I urge you to carefully consider the application from CPI to renew their permit and consider the detrimental effect they
are having on quality of life in Brunswick County.
Sincerely,
Theodore G. Todorov
405 Fire Fly Lane
Southport,NC. 28461
Sent from my Whone

Denard, Derek
From: Tom Tomlinson <[e-mail]>
Sent: Saturday, November 23, 2019 2:08 PM
To: Denard, Derek
Cc: SVC_DENR.publiccomments
Subject: [External] Comments CPI permit renewal hearing
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Dear Mr. Derek Denard,
I was at the November 21, 2019 public hearing in Bolivia about the permit renewal of NC0065099 and NCS000348
wastewater and stormwater discharges by CPI in Southport, NC. I'm glad North Carolina has such hearings and glad I
was able to attend. Thank you for driving down from Burlington.
I was one of the last speakers. You asked us to leave you a copy of our comments if possible. This email is intended to
be my written version of my extemporaneous comments. (Maybe a wee bit expanded for clarity and context.)
---BEGIN COMMENTS SUMMARY ---
I live so close to the CPI plant that the flashing lights on the two stacks literally illuminate my bedroom walls. Even when
I draw the curtains my wife will sometimes ask me in the night if there is a storm, mistaking the flashers for lightning.
Many of the speakers tonight seemed to think you (DEQ) have the ability to make the terms of the permit stronger and
require tougher limitations on quantities of chemical contaminants that leave the plant. I hope you can. Concerns
about air, noise, and water pollution were widely expressed.
It is fairly common among businesses to complain about "excess regulation" and how this hurts their ability to remain
profitable. Sometimes regulation may slow the speed of business or add costs to operations. Pollution regulations are
necessary to protect the people and environment close to the business location. Such requirements and any potential
extra expenses are just a cost of doing business. Some costs are fixed, some are variable. Some costs are optional,
some are mandatory. Saving a few hundred thousand dollars in this area while paying high-ranking executives millions
in annual compensation is something I consider to be wrong. Objecting to spending $500K on abatement and mitigation
equipment while paying lobbyists several million dollars a year is not right. But this is how the business often likes to
frame the discussion. This is self-serving and disingenuous.
I expect the full process of permit approval includes some back and forth between regulators and those regulated. I
urge you not to be persuaded by complaints from the company (CPI) that more stringent limitations on type and
quantity of permitted pollutant discharges will cost too much to implement.
Thank you for listening to me express my thoughts.
---END COMMENTS SUMMARY ---
Your initial presentation and discussion of the project background report was very informative. I hope the Agency is
able to make this PDF available on the public DEQ website. I would like to share it with several neighbors who were
unable to attend the hearing.

I hope you are able to do the right thing for the people who live near the plant and who are directly affected by the
various forms of pollution coming from the plant.
Thank you for your hard work at the Department of Environmental Quality.
Regards,
Tom Tomlinson
5972 Gray Squirrel Path
Southport, NC 28461
336.575.3353

Denard, Derek
From: Chad Hicks <[e-mail]>
Sent: Wednesday, November 20, 2019 2:09 PM
To: Denard, Derek
Cc: Deborah Ahlers
Subject: [External] Public Comments on CPI Discharge Permit
Attachments: SubmittedPublicCommentsCPI.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Hello Derek,
Please see our attached public comments.
Thanks you,
Chad Hicks
Caswell Beach

TOWN OF CASWER BEACh
1100 Caswell Beach Road • Caswell Beach, NC 28465
[phone] • Fax: [phone] • Website: www.caswelibeach.org
November 21, 2019
Derek Denard, Environmental Specialist
North Carolina Department of Environmental Quality— Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Town of Caswell Beach Comments on NPDES Draft Permit NC0065099
Dear Mr. Denard,
The Town of Caswell Beach wishes to thank the staff at the North Carolina Department of Environmental
Quality — Division of Water Resources for allowing the town to submit comments on the proposed
wastewater permit application for CPI USA North Carolina (CPI). We appreciate the hard work that you
and your staff provide the citizens of North Carolina.
Caswell Beach is located just a short distance from where the permit states that wastewater from CPI
will be discharged into the Atlantic Ocean. Healthy town beaches and good recreational water quality
are critical for the Town of Caswell Beach. The summer population in Caswell Beach more than
quadruples as tourists vacation in town to enjoy our beaches and ocean waters.
After reading the draft permit application, Caswell Beach respectfully asks that North Carolina
Department of Environmental Quality require that all chemicals that are reasonably expected in this
discharge stream be identified and monitored as part of the required permit approval conditions.
Caswell Beach also feels that limits should be placed on each potentially harmful chemical in the stream
and be restricted as necessary to preserve the health of our community and environment.
We believe that CPI, Archer Daniels Midland, and Duke Energy are good neighbors in our community.
Caswell Beach has no interest in causing our corporate neighbors any undo regulatory burdens. We do
however feel that it is our obligation to know what chemicals are in the discharge stream and that those

chemicals are limited in order to protect our town. We trust that CPI and the North Carolina
Department of Environmental Quality will work to assure the residents and visitors of Caswell Beach
that the discharge stream will not pose any hazards to our town or environment.
Sincerely,
IV
.Deborah G. Ahlers, Mayor
' Caswell Beach, NC
i�
Town of Caswell Beach
1100 Caswell Beach Road
Caswell Beach, NC 28465

Good evening, my name is Carole Kozloski, my husband Peter and I own a home
that backs up to Prices Creek and Capitol Power. I understand the purpose of this
meeting tonight is to discuss the renewal of CPI's permits to discharge wastewater
into the Atlantic Ocean, and storm water into Prices Creek, from their Southport
plant, I would ask that you strengthen their permit requests to better protect our
residents and our water.
I feel it is also important to discuss the ash that is emitted from the plant. The ash
is a direct result of CPI's burning of tires and railroad ties. The ash is visible on our
outdoor furniture, in our pool, on the exterior of our home and on our sidewalks, I
know this is not just an issue exclusive to our neighborhood, but also in
surrounding neighborhoods and depending on the way the wind blows, even
residents of ds tug Southport are effected.
In the summer of 2016 the Environmental Management Commission granted the
plant a special order of consent, a facility can be granted a Special Order of
Consent, if it is consistently unable to comply with the terms, conditions or
limitations in a National Pollutant Discharge Elimination System permit. CPI's
Southport plants SOC expires in December 2020.
I cannot imagine that CPI's discharges into the water and air are safe for us or the
environment.
"In addition to these impacts on our air and water, operations at CPI emit constant
noise. When CPI opens their vents, it sounds like a jet engine taking off, and the
`noise can go on for hours. Have you examined the impact that this sound pollution
has on local wildlife populations? Furthermore, the noise generated by CPI, in
addition to the visible ash, is detrimental to our property values."
I respectfully ask that you consider all the ways CPI is polluting our environment
when making your decision on renewal.
I personally believe, if CPI cannot meet the standards, the best solution for the
residents of Southport would be the closure of this plant.

My name is Lora Sharkey. |amaresident of5outhport;NCand|amonelectednfficia|forthe City of
Southport. I am here on behalf of the Southport Board of Aldermen to provide feedback on the
proposed NPIDES stormwater permit for Capital Power. While the CPI power plant does not sit within
Southport City limits, there are city neighborhoods and an assisted living facility in close proximity to CPI
and vvafeel itisour responsibility toparticipate inthis public hearing. These comments are not
indicative ofany dislike for CPI orits employees. The plant has been supportive ofSouthport inthe face
ofhardship dealing with hurricanes, particularly Hurricane Florence. These comments are simply
intended to express the desire to see the best practices adopted to protect the well-being of our
residents and the waters we swim in, collect food from and simply appreciate.
It is public knowledge that the CPI plant is permitted to burn a variety of materials as fuel in the creation
ofsteam and electricity. These materials include shredded tires, wood chips, railroad ties and some
coal. Combustion of these materials results in ash that contains contaminates that will be hazardous to
water and soil if not adequately treated or removed from wastewater before disposal . The City of
Southport requests that CPI be required to monitor contaminate levels and treat their stormwater and
wastewater discharges in a manner that meets or exceeds water quality standards set forth in the Clean
Water Act.
Additionally, The City requests that CPI be tasked with improving containment of contaminated
stormwater during flood conditions. There is a statewide effort to direct and guide all municipalities in
flood prone areas to become more resilient in the face of climate change and increased rainfall amounts
during storm events. This proactive stance should also be applied to industry to safeguard human
health.
LJ
Y

TOWN Of CASWEII BEACh
1 100 Caswell Beach Road • Caswell Beach, NC 28465
[phone] • Fax: [phone] * Website: www.caswellbeach.org
November 21, 2019
Derek Denard, Environmental Specialist
North Carolina Department of Environmental Quality — Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Town of Caswell Beach Comments on NPDES Draft Permit NCO065099
Dear Mr. Denard,
The Town of Caswell Beach wishes to thank the staff at the North Carolina Department of Environmental
Quality — Division of Water Resources for allowing the town to submit comments on the proposed
wastewater permit application for CPI USA North Carolina (CPI). We appreciate the hard work that you
and your staff provide the citizens of North Carolina.
Caswell Beach is located just a short distance from where the permit states that wastewater from CPI
will be discharged into the Atlantic Ocean. Healthy town beaches and good recreational water quality
are critical for the Town of Caswell Beach. The summer population in Caswell Beach more than
quadruples as tourists vacation in town to enjoy our beaches and clean ocean waters.
After reading the draft permit application, Caswell Beach respectfully asks that North Carolina
Department of Environmental Quality require that all chemicals that are reasonably expected in this
discharge stream be identified and monitored as part of the required conditions for permit approval.
Caswell Beach also feels that limits should be placed on each potentially harmful chemical in the stream
and be restricted as necessary to preserve the health of our community and environment.
We believe that CPI, Archer Daniels Midland, and Duke Energy are good neighbors. Caswell Beach has
no interest in causing our corporate neighbors any undo regulatory burdens. We do however feel that it
is our obligation to know what chemicals are in the discharge stream and that those chemicals are

regulated and limited. We trust that CPI and the North Carolina Department of Environmental Quality
will work to assure the residents and visitors of Caswell Beach that the discharge stream will not pose
any hazards to our town or environment.
Sincerely, ,; r
P V C
Deborah G. Ahlers, Mayor
Caswell Beach, NC
Town of Caswell Beach
1100 Caswell Beach road
Caswell Beach, NC 28465

Thank you for providing this public forum so that I have the opportunity to say I
want no more industrial waste and pollution in our environment.
I'm here to invite you, any representative here tonight, to join me at 9 am
tomorrow for a field trip. I would love to introduce you to Caswell Beach, a small
town of approximately 400. 1 will show you the beach, dunes, and maritime
forest that abuts the beach and beach road. I am confident you can make a better
informed decision if you see for yourself the Duke Energy Canal, see where the
canal discharge pipe goes under the beach road, then under the beach, under the
sea and to a discharge point just off shore. You can see the disturbance in the
ocean water where the discharge enters the ocean. You may see boats at that
warm spot in the water. The fish caught in that spot have long fed families in
Brunswick County. On warm days, you can surely see children and families
enjoying the water for wading and fishing. You can see this and more from the
deck of the 'Four Hess crossover.
If you cannot come perhaps you will envision this place that counts on you, your
expertise, oversight and monitoring. Your job and your decision making is so
important. We depend on you for protection from more environmental damage
and dangers to our water, health, and wildlife.
My name is Emily Wilkins. I will meet you tomorrow at 9 am on Caswell Beach
Road at the intersection with OceanGreens Lane, Tom Hess cross over. Please
join me!
Phone — 336-312-3662

ATTACHMENT L
Transcription of Oral Comments

NC Department of Environmental Quality
Brunswick Community College, Bolivia, NC
November 21, 2019
May:
David May, Hearing Officer
Denard:
Derek Denard, DEQ, Environmental Specialist
Garcia:
Lauren Garcia, DEQ, Environmental Specialist
Kozlowski:
Carol Kozlowski, Participant
Dazewiezri:
Edward Dazewierzi, Participant
North:
William North, Participant
Jimenez:
Nick Jimenez, Participant
Allen:
Kerri Allen, Participant
Ahlers:
Deborah Ahlers, Participant
Key:
Peter Key, Participant
Baker:
Lynn Baker, Participant
Wilkins:
Emily Wilkins, Participant
Hatem:
Joe Hatem, Participant
Mosteller:
Karen Mosteller, Participant
Haddon:
Chap Haddon, Participant
Sharkey:
Lora Sharkey, Participant
Webb:
Tom Webb, Participant
Yarb:
Bud Yarb, Participant
Jakus:
Bob Jakus, Participant
Ward:
Catherine Ward, Participant
Baldwin:
Merle Baldwin, Participant
Parisi:
Donna Parisi, Participant
Ingram:
Jennifer Ingram, Participant
Tomlin:
Tom Tomlin, Participant
M/F:
Male/Female Speaker
[INAUDIBLE]
[TECHNICAL COMMENTS]
00:05:32 May: Thank you, everybody, for coming out tonight for the hearing.
Before we get started, can everybody hear okay?
[TECHNICAL COMMENTS]
00:06:16 May: And one other quick comment before we get started. I noted one
sign or poster that we have in the audience. I would ask, if you do

NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 2
have signs or posters, if you would, at the conclusion, we'll have a
time period where you could hold those up to have photographed
for the file. But if you would, if you would, kind of refrain from
waving those during the hearing, that would be appreciated. But
there will be an opportunity to display those.
00:06:40 Thank you, again. This public hearing will please come to
order. Before we begin, I ask that everyone turn off or silence all
cell phones and pagers as a courtesy to the speakers. My name is
David May and I have been appointed by the director of the
Division of Water Resources and the director of the Division of
Energy, Mineral, and Land Resources to serve as hearing officer
for this hearing.
00:07:08 I am the regional supervisor for the Division of Water
Resources water quality regional operations session in the
Washington regional office. At this time, I would like to introduce
representatives from the Department of Environmental Quality, as
well as elected officials that are present tonight. And at this time, I
would ask that staff with the Department of Environmental Quality
stand to be recognized.
00:07:34 And among these at the front, there are also several in the
back, as well. And thank you. You may be seated. And we would
also like to recognize any elected officials that might be present
tonight. I believe we have one or two, and I'll apologize if I don't
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 3
say the name correctly, but Ms. Deborah Hallers [ph] and any
others that might be present.
[INAUDIBLE]
[TECHNICAL COMMENTS]
00:08:16 May: This hearing is being held under the authority of Title 15A of the
North Carolina Administrative Code 2H.0503. A public notice for
this hearing was published in the Star News in Wilmington on
Monday, October 215t, 2019, and posted online and sent by email
to the water quality certification mailing listsery [ph] on October
16th, 2019.
00:08:44 The purpose of the hearing tonight is to obtain public
comments on two draft NPDES permits. CPI USA North Carolina,
LLC has applied to renew NPDES permits to discharge wastewater
and stormwater from the Southport Power Plant at 1281
Powerhouse Drive, Southport, North Carolina, in Brunswick
County. CPI USA North Carolina, LLC holds the subject permits.
The wastewater permit is NCO065099 and the stormwater permit is
NCS000348.
00:09:23 This hearing tonight is not a question -and -answer session
with the Department of Environmental Quality staff. It's an
opportunity for us to obtain community feedback on the
applications. I'll be preparing a written record of these
proceedings. For this reason, the audio of the hearing is being
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 4
recorded tonight. Written comments received by 5:00 p.m. on
December 23rd, 2019 will also be included as part of the record.
Written comments may be submitted to the email address or postal
address found on the handout available at the registration desk.
Equal weight will be given to both written and oral comments.
00:10:04 I will now ask Derek Denard from the Division of Water
Resources to make a short presentation for the draft NPDES
wastewater permit, NC0065099.
[INAUDIBLE]
[TECHNICAL COMMENTS]
00:10:59 Denard: Okay. My name is Derek Denard with the Division of Water
Resources. I'm an environmental specialist, and I thank you for
coming tonight, and taking some time to be with us. I'm the
permit writer for the wastewater permit. And I wanted to just give
you a little bit of information about NPDES program, the Clean
Water Act in 1972. It's Section 303, classifications [ph] and
standards, and Section 402 of the Clean Water Act. And Congress
assigned responsibility [ph] of implementation into the EPA, and
that was delegated to North Carolina in 1975.
00:11:41 And we operate under the 103 grant [ph]. North Carolina
uses [ph] statutes and rules to administer the program, and EPA
has oversight to our program. The federal Clean Water Act is
under 402, and there's federal regulations [ph] in Part 40 CFR.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 5
And we have our state statutes in our administrative code 2H and
2B-2H is for permitting, 213 is for standards.
00:12:14 Well, who needs a NPDES permit? Well, we've already
mentioned wastewater and stormwater. Then there's also indirect
discharge —pretreatment [ph] programs that fall under that. And
then there's deemed permitted activities to consider [ph].
00:12:30 Permitting process, you get an application, then a draft
permit, and need public notice [ph] for 30 days. And some of you
commented on it in the 30-day period. And then we have a public
hearing, like we're having today. And then there's a final decision
and it must be made within 90 days after the public hearing. And
if approved, the permit will have up to a five-year duration.
00:12:52 Permit —there is permit conditions to consider. There's a
components list, receiving stream characteristics, effluent
limitations and monitoring requirements, special conditions,
standard conditions. So I'm getting in talking about what's an
individual permit. So that's what some of the main sections of the
individual permit.
00:13:12 Talk about —a little about [ph] the history of the power
plant. The power plant started operations in 1987, and the NPDES
permit was issued in June of that year. The facility was acquired
from Primary Energy, and then —formerly Congentrix Southport.
Operates under a purchase agreement with Progress Energy, which
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 6
is now Duke Energy Progress. Southport is a combined heat and
power cogeneration facility providing steam to Archer Daniels
Midland.
00:13:44 And here's a picture of —let me see if this pointer is
working for me. Well, it's not a good pointer. Okay. Well, this
is —down here is Archer Daniels Midland, and there's a steam line
running across. If I had this pointer working. Oh, it does work,
but you can't see it on that screen.
00:14:08 Okay. And so there's a steam line, but they share it with a
neighboring industry. They send their steam there as part of the —
so that's why we call it the cogeneration. And it has two electrical
generating units, 44 megawatt units that total up to 88 megawatts.
And they burn a fuel blend of coal, derived tire fuel, we just call
that TDF, and wood. And you see the percentages for those there:
11, 40, and 49 respectively.
00:14:43 The facility description in the permit —and this is where
you would find it in the supplement to cover page of the permit
[ph]there's a few main parts that are related to which outfall.
And the first part I want to talk about is the fuel pile [ph] runoff,
which is coal, fuel, and the TDF. And then the low -volume
wastewater, which is a lot of different waste streams in the facility,
and that also goes to Outfall 001. Backwash from the boiler
feedwater demineralizer, boiler blowdown in the powerhouse,
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 7
accumulated water in the floors, and you know, miscellaneous [ph]
sump pumps. You know, any groundwater that leaks in, anything
like that, in the turbine building.
00:15:26 We've got wash water. This is new to this permit. It's —
they take a pressure washer —and I'll show you pictures —and
clean the mechanical drag system. Cooling tower blowdown is in
Outfall 002, and reverse osmosis can be found in Outfall 004. This
is an overview of the plant. And if I had a pointer, I could point
out some of the things to you. I'll kind of just do
[INDISCERNIBLE].
00:15:54 So this is the cooling towers. Over here is demineralizer
[ph]. The RO is here [ph]. This is the powerhouse. The fuel piles
are here. This is wood. This is coal. And this is the tire pile. This
is the wastewater plant [ph].
00:16:13 So, hopefully y'all heard me. And so the treatment
components consist of a distribution box and weir. And you can
see the distribution box there. And this is —they have two half -
million gallon settling basins as part of the treatment process. And
this is an aerial view of that, and you can see where Outfall 001—
which is the low -volume wastewater, Outfall 004, the RO water,
and Outfall 002 is the cooling tower blowdown.
00:16:48 And we see a map of the area. You see Duke Progress
Energy's Brunswick steam station is upstream on this canal. They
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 8
divert a large portion of the Cape Fear River for cooling. So CPI
discharges to that canal at Outfall 003, which is the final outfall.
And so all the internal outfalls001, 002, and 004combine to
Outfall 003. And you know, the numbers are out of sequence.
Well, 004 is a later addition for the RO [ph].
00:17:23 And you can see the facility is in red, and the line that is
underground traverses that railroad track in that arc to the canal.
And it discharges within —it's underwater within the canal, so they
take samples at the end of that treatment system that I showed you.
00:17:44 And this is showing some of the more aerial photographs
here. Here's the Cape Fear to the far right. And the nuclear power
plant is up —you can see it up towards the top there. And then the
small triangle at the bottom is CPI.
00:18:03 And this is the discharge from the nuclear power plant, its
1.9 billion gallons per day maximum flow. And they have an
NPDES permit, NC0007064. And you know, comparing the flows
of the two [ph], CPI's dilution is very great [ph] in that canal. The
line should be red, but it's so small, it's actually not showing up as
red. So that's about a little over 400,000 gallons.
00:18:38 Some more slides of show —you know, we're showing
some close-ups of what I talked about earlier, facility boundary
and the discharge location on the canal. And this is the —where it
discharges at the coast. And the canal actually goes under the
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 9
Intracoastal Waterway [ph] at one point. You can see it go back
[ph]. You can see where it —very bottom, where it crosses
underneath the Intracoastal Waterway.
00:19:04 And then you'll see —this shows it better. You can see the
plume [ph] where the discharge is at, as opposed to sediment being
kicked up by the flow. So that's, you know, nearly 2 billion
gallons.
00:19:17 Get into some of the monitoring here. We're monitoring
for flow, pH, TSS, and oil and grease for the coal pile run —fuel
pile runoff and the low -volume wastewaters. We increased [ph]
total suspended solids from —we lowered it from a hundred to 50
for the daily maximum, according to the federal standards.
00:19:46 This is another picture of the facility. And I don't have a
pointer to point everything out. I think I've been over that. And
the thing I want to point out in this diagram here is the green B
[ph] trenches or ditches. And that is how their —all the —so there's
stormwater in this permit, but it's considered a wastewater because
this is a categorical [ph] industry, and this is a —one area of this
categorical industry, it's regulated by 40 CFR 423. So all the fuel
pile runoffs go into that drainage ditch. You can see it better in
this close-up, and they all drain to the wastewater basin.
00:20:30 And this is a close-up of, you know, a lot of the low -
volume waste, the boiler blowdown are in that building, the main
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 10
powerhouse. It's a close-up of the fuel piles. You can see the
difference from the wood and the coal, and the tire -derived fuel.
And you can see those —these are the drainage ditches, and they all
converge down to Outfall 001. And then Outfall 004, this pipe
[ph] around this discharge right into the —and that's the OR [ph].
00:21:05 And this is a good view of the —you know, where the wood
chip pile is, and where it discharge —you know, it flows through
the silt screen [ph] into the V-ditch. And the coal pile, as well.
And this is a —this is where we draw the line between stormwater
and wastewater. So on this side of it, it's covered by the
stormwater permit, and Lauren [ph] is going to talk about coming
up. But the coal pile blows off into this V-ditch and drains to the
wastewater plant.
00:21:31 So they have a —they keep the different waters there
separated. Two different stormwaters, but one's considered a
wastewater for it [ph] —it comes in contact with the coal. This is
the tire -derived fuel pile, and they load it and take it down to the
plant. The rest of them are —you know, see these conveyors [ph].
They get —they convey them straight into the powerhouse. This is
the V-ditch coming in from behind the —so this is the tire pile here.
So that's the backside. So all of that drains into the —and here's a
V-ditch. We've seen this picture earlier on
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 11
00:22:13 I'll talk a little bit about the mechanical drag system. This
is needed in this permit, for this renewal. CPI requested to include
wash water. And what they're doing is, you know, they're taking
mechanical drag chain —drag chain system and washing it with a
pressure washer. And it amounts to a maximum of maybe 17,000
gallons in a given year, or if they have any in one given year at all.
And maybe twice a year, at most. That's a mechanical drag chain,
part of it. That's a new one they have stored in the yard on pallets,
to give you an idea of what we're talking about, a drag chain. So it
just drags the bottom ash out of it [ph].
00:23:00 So this is where —this is inside the building. And I showed
you a diagram of what it looked like. So you have the boilers up
here, and the bottom ash comes out through here, and is quenched
[ph], and the drag chain pulls it out. And as it goes up this
conveyor, it's dewatered, so it's very little water involved. This is
where the bottom ash comes out, and it's scooped up, and put on a
truck, and taken to a landfill.
00:23:31 This is the pressure washer I was talking about. It sits on
the back of a semi -trailer. So it's heavy-duty industrial. So they're
just, you know, doing some maintenance. That's what that 17,000-
gallon addition.
00:23:46 And this diagram shows a little bit of the solids handling,
you know, for the coal ash. So the fly ash is also —is taken to a
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 12
silo by vacuum, and it's handled along with the bottom ash, and
trucked off in a trailer. So there's no coal ash stored at this facility.
It's taken to an approved landfill off site.
00:24:13 Outfall 002 is a cooling tower blowdown, and there's —
we're monitoring for flow, pH, free available chlorine, chromium,
and zinc. Here's the cooling towers. And here's the close-up
picture of them.
00:24:35 Outfall 004 is the RO—yeah, this reverse osmosis, so
there's a lot more parameters we're looking at here, that are
included in our water treatment plant strategy that I applied to this
permit, as well as the limits for TSS, and oil and grease, and pH.
Another [ph] look at the powerhouse. So the RO system is down
at the bottom. You see those two storage tanks at the very bottom,
that building between them, that's where it's located. And another
look at the basin [ph], it comes in at Outfall 004 there. It
discharges to the sediment base.
00:25:13 And this is Outfall 003. This is the final outfall. We've
added some additional monitoring and continuous flow monitoring
to get an idea of what their total flow is. So that's a change for this
permit. We added toxicants, including zinc, copper, nickel,
chromium. A couple of those showed up and we asked them —we
rerated this permit as a major. So they're required to fill out the
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 13
EPA form for a major permit. And that included also doing a
pollutant scan.
00:25:42 And based on that pollutant scan, we added these toxicants,
these metals. And we also added a pollutant scan that's a
requirement once per permit cycle. In previous permit versions,
they were able to waive it based on chemical usage at the plant.
But now we're asking them to be a requirement once per permit
[ph] to monitor any toxicants.
00:26:03 Another look at the overview of the facility, where it's
going. A comment on a few footnotes that are conditions in the
permit, and one [ph], every outfall requires no PCBs be
discharged. PCBs were phased out in the late `70s for
transformers. You see a transformer at this building behind the
powerhouse. So there's no PCBs being stored there. There's no
oil being stored there for transformers. There's active transformers
in use. And that was listed among some of the activities in their
application. And there were some concerns about that.
00:26:48 And then there's another footnote. In the final discharge
there will be no floating solids or foam visible, trace amounts.
And that's out there, their wastewater plant, there's —the pipe is
underneath the channel, remember, so they can't really see what's
coming out there, but they can see what's leaving their treatment
plant, and they can note whether it has solids or foam visible there.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 14
00:27:14 Special conditions. If they want to use biocides to —you
know, anti -scaling [ph] agents, you know, and anything preventing
kind of growth of anything within the piping, within the boilers
[ph], and things like that, then they have to request approval from
us. And there's also electronic reporting requirement for this
permit, and every permit we have now.
00:27:39 A little bit of information about, you know, wrapping up
the public hearing today. Comment period closes on December the
23rd. Then the hearing officer before, maybe in January, we may
have it together, and a final decision sometime before February
19th for this permit, to meet the 90 days.
00:28:01 So, again, my name is Derek Denard. My supervisor is
John Hennessey. And here's our website. And I had —the most
interesting about —the thing about the facility is how they offload
chips [ph]. They have a —it's a lift that lifts the truck up and it
falls off with all the woodchips in the back.
That's it for me. And thank you for coming.
00:28:27 May: Thank you, Derek. Now that we have heard the presentation on
the wastewater permit, I will now ask Lauren Garcia from the
Division of Energy, Mineral, and Land Resources to make a short
presentation for the draft —make a short presentation for the draft
stormwater permit, NCS000348.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 15
00:28:57 Garcia: Okay. So I am Lauren Garcia and I'm an environmental specialist
with the Division of Energy, Mineral, and Land Resources. And
I'm the individual industrial permit writer. And that's my
supervisor, Annette Lucas, right there. Okay.
[TECHNICAL COMMENTS]
00:29:53 Garcia: I'm the environmental specialist with the Division of Energy,
Mineral, and Land Resources. And I'm in the individual industrial
permit writer for this stormwater permit with —at CPI.
00:30:04 And so I'm going to talk about the —well, I'm going to give
a stormwater permitting program overview, and then I'm going to
talk about what's at the facility, even though Derek went over a lot
of it already. And then I'm going to go through the draft
stormwater permit.
00:30:21 So, stormwater is permitted through the Division of
Energy, Mineral, and Land Resources, and we really just say
"DEMLR." But I'm in the stormwater program, which is broken
up into these five programs, and I'm in the industrial program.
And the NPDES is our National Pollutant Discharge Elimination
System, and we have three different kinds of permits in that
program, which is the individual permit, the general permits, and a
no exposure certification. And this is an individual permit.
00:30:54 So our NPDES program is federally mandated, and it
covers a pretty wide variety of industrial activities. We determine
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 16
who is permitted by using the SIC Codes, the Standard Industrial
Classification Codes. There are 11 federally regulated categories.
And if the facility's SIC Code fits into one of those categories,
then it has to be permitted for either the general permit, the
individual permit, or the no exposure certification.
00:31:21 So the general permits, we have 21 different industrial
general permits that cover stormwater discharges associated with
industrial activities and construction. And some of those
categories are things like metal fabrication, or food and kindred,
landfills, and ready -mix concrete. The individual permits, which is
what this is, are for the facilities that don't fit into those general
categories. And then the no exposure certifications are for
facilities that have a SIC Code that triggers permitting, but they
don't have industrial materials in operations that are exposed to
stormwater. So it's just supposed to be a building and a parking
lot.
00:32:01 So, some important notes, after a facility is permitted, it is
allowed to discharge stormwater as long as it follows the
conditions of the permit. A stormwater permit is separate from a
wastewater or air quality permit. So these permitsmy
stormwater permits only pertain to stormwater. They are not for
wastewater, or air quality, or other aspects of environmental
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 17
protection. Those are other divisions, like the Division of Air
Quality, or Water Resources.
This is a map of all of the general —well, all of our
industrial permits within our program. So we're all over the place.
00:32:46 And so, the process starts —the facilities are not allowed to
discharge stormwater without a permit. New facilities have to
apply for a permit before they open. And existing facilities have to
reapply [ph] for renewal every five years, because our general —
our permit terms are for five years.
00:33:03 So, first, the facility has to complete an application form
and provide us with very detailed descriptions, like facility
activities, a list of industrial materials, chemicals, products, and
things that will be exposed to rainwater. They also have to provide
us with some pretty detailed maps that show drainage areas, and
outfall, and things like that. So we use that information to create
the permit.
00:33:27 For individual permits, I can require the facility to do extra
things, like to install extra 13MPs [ph], or perform more frequent
monitoring. It's just special things that the facility needs to
monitor for that the general permits don't cover.
00:33:44 So CPI Southport is renewing a permit, which expired in
2015, which is okay. The permit allows them to continue to
discharge under an expired permit if they apply for renewal within
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 18
180 days of the permit expiration. And they have to stay current
with their annual permit fees. So the facility has to continue to
operate under the conditions of the permit during this time.
Because sometimes we just can't get to the renewal in time, and it
just helps us keep everything regulated.
00:34:14 The renewal application asks for similar information to the
EPA forms they have to use to apply for the permit. And the
facility updates us with industrial changes, and they give us new
maps, and information like that.
00:34:31 So, Derek gave you a pretty good overview of the facility
already. But they burn a mixture of coal, tire -derived fuel, and
wood residuals. The coal burning at the power plant has been
reduced 90% because they also burn the tire -derived fuel and the
wood residuals. The tires, they're waste tires, and they keep it out
of the landfill, and then the wood residuals come from old rail ties
that are chipped on site.
00:35:01 So, Derek went over this one, but I just wanted to show it
as an example for the kinds of maps that they have to provide us in
the applications. Because you can see here, the little squiggly
lines, they show where all of the water —the stormwater is
draining, wherever it falls on the site. And you can see also
drainage areas, and there are all kinds of things like this in the
applications.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 19
00:35:27 So, they have Representative Outfall Status. When they
sample for stormwater from Representative Outfall 005, which I
have marked as that red star over there —Representative Outfall
Status is granted to facilities that have a single stormwater outfall
that's representative of discharges from multiple outfalls. They
have six outfalls in total at the site, and I have —so the orange ones
are special because those are internal outfalls.
00:35:57 The facility is surrounded by a man-made ditch. It's
basically a moat. And so all of the internal stormwater drains the
stormwater to this man-made ditch, and it all leaves the site
through Outfall 005. So all stormwater at the site leaves the outfall
through outfall—or the site through Outfall 005.
00:36:21 And then I wanted to do this Price Creek clarification. The
draft permit says that the facility discharges to Price Creek. But it
was discovered during the renewal process that this was a mistake.
Stormwater at the site does not discharge to Price Creek. It
discharges through this Duke Energy effluent channel, which is the
same place that the treated wastewater goes. The Duke Energy
effluent channel, it's —the influent and effluent channel, it's about
9.6 miles long, and it discharges from a pipe that's 2,000 feet
offshore into the Atlantic Ocean.
00:36:57 So, coal on the site. Materials potentially exposed to
stormwater include the coal, wood residuals, the tire -derived duel,
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 20
petroleum products, limestone, and ash. And coal for the boiler
plant is stored outside in the coal pile. The runoff is treated in the
low -volume wastewater system prior to discharge. It does not
drain to the stormwater system. And that's the same wastewater
system that Derek just talked about.
00:37:29 It should be noted that stormwater runoff from the coal, and
the wood, and the TDF files would never be permitted as a
stormwater discharge. The runoff from those areas is wastewater.
00:37:41 Coal is brought in by a rail at the north end of the plant, and
unloaded through a coal chute [ph], and transported by a conveyor
to the coal pile. The risk of the coal dust entering the stormwater
through other —does exist [ph], so they have BMPs, like vegetative
buffers, and they also spray water to get rid of the coal dust. And
then there's a lot of sweeping that goes on at the site.
00:38:04 So, I wanted to cover some —I wanted to show you some
pictures so that you could see the conditions at the site. Oh, I
needed . So the —before we go —limestone at the site,
that is used as a part of their air pollution control system. And the
limestone blowers and piping are sealed. And so it's not there's
not really a risk of it being exposed to stormwater. Yes.
00:38:34 So that —oh, these are the wastewater channels. And I
wanted you to be able to see how they contain all of the product on
the far side. So these —it keeps it out of the wastewater channels
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 21
that take it to the treatment area. And then, like Derek said, on the
other side of that is the stormwater.
00:39:01 So, that's a picture of the inside of the channel. And the
these fencings do a pretty good job of keeping the product out of
the wastewater channels. And then that's the wood chipping.
And, oh, so, that is the silo that they keep the fly ash in. The fly
ash are the light particles that come from combustion that are
carried out with gas fumes and air. And it stays in there. It's
totally enclosed in the ash silos, and they have systems in place to
catch the ash residues. And then the fly ash is trucked off site.
00:39:38 And then this other picture is the bottom ash. And that —
those are the heavy residuals left after the combustion process that
Derek was talking about, where it falls to the bottom, and then it
gets taken out by the drag chain. It doesn't leave this containment
area. It's swept back over the lip, and it's scooped out and
removed by truck.
00:40:04 And then these are two of the transformers that we saw on
site. And their transformer oil is contained in the transformers that
are in service. So there's not any other storage of the oil on site
other than what's being used in the transformers. There's no PCB
oil used on the site. And they have secondary containment, which
is this grating [ph] right here under the transformers. And it's
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 22
supposed to catch —if there were to be a leak, it's supposed to be
able to contain all of the oil that's in the transformer.
00:40:39 They also have a spill prevention control and
countermeasure plan to prevent spills. And it outlines in that plan,
they outline spill response. And they also have spill kits on site.
00:40:54 So, for the tire -derived fuel, that is a picture of where they
have it stored on site. It's burned by those concrete blocks along
the back. And TDF may spill from trucks on paved or gravel
roads, and the truck dumpsters, the conveyors, and the radial
stacker. So stormwater that flows over the access roads, it goes
through a sand filter. And then stormwater from the berm [ph] to
TDF storage area is diverted to the wastewater treatment basins.
00:41:24 The trucks are covered and tarped, or enclosed when not
being loaded or unloaded. And the paved roads are swept. And
then spilled materials are completely cleaned up.
00:41:34 So the switchyard, that's outlined in the red down there.
It's located within the CPI site, but the switchyard is owned and
maintained by Duke Energy. But the runoff from the switchyard
does contribute to the stormwater runoff from the facility. But
those transformers that are there are up in the air. So it's just
running over a parking lot, basically.
00:42:00 So, CPI has contracted out a portion of their facility to
National Salvage, which is a different company. They chip old
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 23
roadway ties on site for CPI to use in their fuel mixture. And
we're in the process of determining the best way to permit this
facility because they're a separate entity.
00:42:21 So, for the draft permit, you can go to our website, and the
short way to get there is just to go to deq.nc.gov/stormwater [ph].
And it will take you to a page that looks a lot like this, and it has
the same blue task bar on the side, and you want to click on
"Stormwater Public Notices," and then you want to click where
you're prompted, where it says "here," like the —right there, that is
circled in the red.
00:42:50 So this will take you to our public hearing event page,
where both the draft wastewater and the stormwater permits are
available. And you'll be able to view the drafts online after the
hearing. This page is also updated because I public —well, I'll talk
about this later, but I public -notice all of my permits. And so
you'll be able to click on them as they're updated.
00:43:15 And so, to issue or renew a permit, I contact the facility
when the renewal process begins. I review the application. I look
at all the monitoring data, the old staff reports, and other
documents in our permit file. And I draft the permit based on the
review. And then the draft permit goes out to the facility and the
applicable regional office for a 30-day comment period.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 24
00:43:43 And Brain Lambe back there is our regional office contact.
So that got sent to him, and then he went to do an inspection. So
then the draft permit gets published in the newspaper and on our
website for a 30-day comment period, which is where everyone
here saw it. And then, if you get enough public interest, then we
hold the public hearing. And then after all of that takes place, and
we make changes to the draft permit based on the inspection and
the comments from the facility, the staff, and the public. And then
that all goes through a final internal review, and then my
supervisor signs it.
00:44:28 So, this is the first page of the permit. And so theI
wanted to take you through what it contains. The first part is the
introduction, which is kind of standard. The meaty parts are in part
two, which goes through monitoring, controls, limitations for
permitted discharges. Part three is the standard conditions for
NPDES stormwater and individual permits. And then part four is
definitions.
00:44:58 So, the SWPPP, or the Stormwater Pollution Prevention
Plan, is exactly like it sounds. It's a pollution prevention plan for
stormwater. And those are —that's broken up into different
sections. The first part is the site overview, where they have to
give us things like facility descriptions. And then there's a
stormwater management strategy, spill prevention and response
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 25
procedures, preventative maintenance and good housekeeping,
facility inspections —because they have to do their own facility
inspections, and on top of the facility inspections that we do.
There's employee training, responsible parties, annual update
requirements, and SWPPP implementation.
00:45:38 So, the purpose of the SWPPP is for the facility to have an
extensive plan for keeping the site as clean as possible, to prevent
stormwater exposure to contamination. There's a lot of moving
parts involved in keeping the facility clean, like employee training,
the spill response, frequent inspections, and that's what that section
of the permit is for.
00:45 :5 8 And then the permit also requires that the facility —or the
facility has to continue to evaluate the feasibility of the SWPPP,
and then they have to make updates. DEQ assesses compliance
with the SWPPP during our facility inspections.
00:46:17 So, DEQ uses the information provided in the application
and our observations during the site inspections to determine
sampling parameters. And the permitting includes requirements
for when the facility can sample, how and by who. Samples are
taken semi-annually, and the facility turns in those analytical
results to us in a discharge monitoring report.
00:46:40 If there is not a measurable storm event in the six-month
time frame, then the facility can also —they submit a report to us
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 26
where there's no discharge. And I included that because I'm going
to show you the —all of the monitoring data. And if it just doesn't
have two monitoring events for one year, it's because they were
able to put "no discharge."
00:47:01 So, over there —I don't know why it's cut off on the end.
The —so those are all the parameters that this facility has to sample
for every time that they take a stormwater sample. And then those
are our benchmarks that they're measuring those samples against.
00:47:16 The benchmarks are determined by the Division of Water
Resource's planning section. And because of the sporadic nature
of rainfall, acute short-term effects to aquatic organisms are
considered when establishing those benchmarks. They're not
effluent limits [ph] —they're a tool for facilities to assess the
significance of pollutants in the stormwater discharges, and to
assess the effectiveness of the SWPPPs best management
practices.
00:47:42 And you will see here that some of the benchmarks are
listed as "NA." And then this is because we don't have adequate
data available to set benchmarks for these parameters where
these —this place —discharges into saltwater. As new data
becomes available, the benchmarks can be established, and we
allwe have all the data for the facility then to compare. DEQ
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 27
monitors the sampling data also for spikes that would indicate an
issue with the site.
00:48:10 And so this is the sampling data for the entire permit term.
Well, actually, it's more —because it's from 20oh, no, it is.
Okay. 2010 to 2019. And I color -coded it because even though
we have the NA benchmarks for saltwater, I wanted to —you to see
that what our benchmarks for freshwater are, and so that you can
see that they're not really exceeding those.
00:48:38 We're also working right now with DWR to see if we can
update some of these NA benchmarks. And also, some of the
benchmarks anyway since 2013 have been updated. And we have
been able to update a few of them, but the data is still being
reviewed. And, well, I think we —don't we get to make this
PowerPoint available on the —yes. So you'll be able to go online
and see —or it's also in the permit online, where —well, what they
have to sample for.
00:49:09 A lot of it has to do with what's on site, like the coal, and
the TDF, and the zinc. And then there are some other things, like
total suspended solids. But it's so that they can tell if any of that is
in their stormwater.
00:49:22 So, if there is an exceedance, we have a system built into
the permit for the facility to follow, to address and identify and
prevent future benchmark exceedances. So after one, you have —
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 28
you're in a Tier I, where you have to —and this is the shortened
version. It's a lot more extensive in the actual permit. But you
have to basically conduct an inspection, identify the source of the
exceedance, find ways to fix the issue, implement those changes,
and then you have to report it [ph] in the SWPPP.
00:49:53 Tier II, after you have two exceedances, it immediately
triggers monthly monitoring for every outfall, where each
consecutive exceedance occurred. And then you also have to
repeat the steps for Tier I. Monthly monitoring continues until
three consecutive samples are below the benchmark values. And
then if you have more, then you're in Tier III, where the facility
has to report it to the regional office, and then function under the
new requirements of the Tier III, which is things like implementing
stormwater control measures, sampling for additional or substitute
parameters, implementing site modifications, and things like that.
00:50:28 That is the meatiest part of the stormwater permit. So the
remaining parts can be reviewed online. Part III is a lot of standard
language, and it's really similar to our general permits. And then
Part IV is definitions. And then that, again, is the website where
you can go to look at everything. And then that's my contact
information.
00:50:58 May: Thank you, Lauren. That concludes the division's presentation.
At this time, we will hear from audience members who have
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 29
signed up to speak. I will call on those who signed up to speak.
We will make effort to hear from all who have signed up. So
please make your way to the podium as quickly and efficient as
possible to ensure that we are able to hear from as many people as
possible who have signed up within the time allowed.
00:51:26 There will be a three -minute time limit for providing
comments. Again, there will be a three -minute time limit for
providing comments. Staff will keep track of the time and raise a
sign to indicate when you have one minute left, 30 seconds left,
and when your time is up.
00:51:44 Comments should be concluded when your time is up.
Speakers are encouraged to provide a written copy of their
comments. Cross-examination of speakers will not be allowed.
However, I may ask questions for clarification. We ask that
everyone respect the right of others to speak without interruption.
00:52:05 To ensure that everyone has a clear view of the
proceedings, we ask that you refrain from waving signs inside the
meeting area. If anyone has a sign, we ask that you place it along
the wall at the conclusion of the hearing so we can take photos to
include as part of the hearing record.
00:52:23 I will now call speakers in the order that they registered.
To ensure that our records are accurate, please clearly state your
name, and if applicable, the organization you are representing. In
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
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addition, we ask that you identify other associations you may have
that have bearing on your input tonight. For example, if you are
appearing on your own behalf, but have obtained information from
or provided research to another group that is interested in this
matter, please indicate so. And thank you for your cooperation.
00:52:56 And just a quick safety comment, as speakers come up, just
be mindful of the cords up around the podium, and be careful to
not trip.
00:53:17 May: So our first speaker that we have tonight —and apologies if I
mispronounce anybody's name but —Carol Kozlowski [ph].
00:53:36 Kozlowski: Good evening. My name is Carol Kozlowski. My husband Peter
and I own a home that backs up to Price's Creek and Capital
Power.
00:53:45 I understand that the purpose of this meeting tonight is to
discuss the renewal of CPI's permits to discharge wastewater into
the Atlantic Ocean, and I thought, stormwater into Price's Creek,
but that has been corrected. So everything goes to the Atlantic
Ocean.
00:54:02 I would ask that you strengthen their permit request to
better protect our residents and our water. I feel it is also very
important to discuss the ash that is emitted from the plant. The ash
is a direct result of CPI's burning of tires and railroad ties. The ash
is visible on our outdoor furniture, our pool, the exterior of our
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 31
home, our sidewalks. And I know this is not just an issue
exclusive to our neighborhood, but also in surrounding
neighborhoods. And depending on the way the wind blows, even
residents of other areas in Southport are affected.
00:54:40 In the summer of 2016, the Environmental Management
Commission granted the plant a special order of consent. A
facility can be granted a special order of consent if it is consistently
unable to comply with the terms, conditions, or limitations in a
National Pollutant Discharge Elimination System permit. CPI's
Southport plant's special order of consent will expire in December
of 2020.
00:55:15 I cannot imagine that CPI's discharge into the water and air
are safe for us or the environment. In addition to these impacts on
our air and water, operations at CPI make constant noise. When
CPI opens their vents, it sounds like a jet engine taking off, and the
noise can go on for hours. Have you examined the impact that the
sound pollution has on local wildlife populations?
00:55:43 Furthermore, the noise generated [ph] by CPI, in addition
to this visible ash, is detrimental to our property's value. I
respectfully ask that you consider all the ways CPI is polluting our
environment when making your decision on renewal. I personally
believe if CPI cannot meet the standards, the best solution for the
residents of Southport would be closure of this plant. Thank you.
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 32
[APPLAUSE]
May: Our next speaker is Mr. Edward Dazewiezri [ph].
M: [INDISCERNIBLE]
00:56:27 Dazewiezri: Hi. My name is Ed Dazewiezri. I live on 128 Northwest Street
[ph] in Oak Island. I'm here because I'm concerned, period. If I
ramble, I apologize. But here we have a plant that is almost like a
third -world country plant. It's burning tires. It's burning coal.
And it's burning wood. The presentation over here is very
representative of how we're trying to control what's going on to be
going on over there. But how do we enforce and how do we
guarantee that all these things are going to be in place?
00:57:06 I worry that if something happens, you know, we could
easily change a time when an effluent is checked or something like
that. And we're measuring total suspended solids, but what are
those total suspended solids? We have 26 areas here —I mean,
areas where we're concerned about 26 pollutants. But in the article
that I read, the item I read, it says —let me see. Hold on. Yeah,
here we go.
00:57:38 Number 18 on a letter from —to David Groves from Derek
Denard. And it's Item 18. It says, "Monitoring for 126 priority
pollutants has been changed from grab sampling to composite
sampling. The frequency for monitoring has been reduced to once
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 33
per permit cycle." Now, to me, that sounds like once every five
years, but I'm not sure.
00:58:07 And also, it says that, you know —it sounds like a lot of the
monitoring is going to have be done by the company itself. And I
don't know what you guys do as far as monitoring them with
audits, or surprise inspections, or things like that. And I'm just
concerned. I just don't have any faith in the system because we get
our water supply from the Cape Fear River. And Chemours [ph]
has promised the world that it's not going to be dumping chemicals
in there. And as a result to that, we have to resort to Brunswick
County to putting in a reverse -osmosis system to eliminate the
pollutants that put —they're putting into the river.
00:58:54 It would seem to me we should be more source -concerned
than end -user -concerned [ph]. And I heavily believe that this has
to be monitored and kept an eye on. And relying on you people to
keep us safe. Thank you.
[APPLAUSE]
May: Mr. William North.
00:59:19 North: First of all, I don't enjoy talking before a group. Mike [ph], could
you bring that up please? My name is William North. I live in
Price's Creek, the Cottages at Price's Creek, with my wife
Penelope. We've been there —thank you —we've been there three
years. When we first came to Southport, we were dealing with a
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 34
the fallout from a fly ash release from the plant in late 2017. It
covered very large areas of our community, well into Southport
itself. The company was not forthcoming in telling us about this
event, or the nature of the contaminant that was falling on our
homes. They said it was fly ash, and then they stuck to their story.
01:00:11 It was greasy. It was adhesive. It was hard to remove with
detergent. It wasn't just fly ash. And it smelled bad. We never
had a determination on what that stuff was.
They said it was a small release. I asked at the meeting
with the mayor, "What do you mean by small release?" I was told,
"Four or five tons of fly ash." We can't trust CPI to be
straightforward with their information.
01:00:42 The noise levels at the plant, as been addressed [ph], are
very bad. It's, like, we live half a mile from the plant. It's like
living near a freeway. It's constant drone of that plant day and
night, punctuated by when they run the chipper. The chipper
sounds like it's in your backyard. It's —you can't have
conversations inside your house or on your porch when the chipper
is running. And worst of all is the release of high-pressure steam.
When they vent this high-pressure steam, it literally sounds like a
jet engine is adjacent to your house. And this has been addressed,
also.
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 35
01:01:23 The smell that comes from that plant, it smells like
petrochemical. It could be tire residue. It could be creosote from
the railroad ties. Whatever it is, if you smell something, you ingest
whatever that is. If you can smell it, it's entering your body.
Whatever it is, I have a hunch it's not good for people, or animals,
or plants. It has to be addressed. That smell that comes from the
plant is constant whenever the wind comes from the northeast
toward our house.
01:01:57 The chemicals being released by the plant are worrisome
[ph]. We've had a good presentation of what they are. I'll just say
that if you allow a company, no matter what their resources are, to
monitor themselves, to be in compliance with regulations —look at
Boeing aircraft. [APPLAUSE] One of our best corporations, one
of the most highly respected corporations in this county, maybe in
the world, and look at the mess they're in because the government
let them certify their test results.
01:02:32 The issue about our wastewater runoff into Price's Creek,
I'm glad that was resolved. It is not an issue. I would like to say
that if you go onto Facebook, there are photographs of the area
underneath the filter.
[INAUDIBLE]
May: If you have a bag, you can leave that at the back for a photograph
at the end.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 36
North: Okay.
M: What is it?
01:03:04 North: Okay. This is what gets wiped off our porches every day. It is
fallout from the plant [ph].
M: All right.
F: [INDISCERNIBLE]
[APPLAUSE]
May: Our next speaker is Nick Jimenez.
01:03:26 Jimenez: Hi. Thank you all. I'm Nick Jimenez from the Southern
Environmental Law Center. We've submitted some written
comments on the draft permits on behalf of Cape Fear River
Watch, Coastal Federation, Sierra Club, and Brunswick
Environmental Action Team.
01:03:40 I want to thank you first for having this and for bringing so
many folks down here. ThisI found the presentations incredibly
helpful. I guess I want to cover a couple of highlights from our
concerns, and one that I don't think that we fully covered in our
written comments, that maybe we'll submit in this new comment
period.
01:03:55 The first is the testing. So CPI, in the DMRs that we
reviewed, did not submit a DMR for Outfall 003, based on the
permit filed that —as we saw it. And the permit limits that they
have been testing for, of course, are the old permits, dating from
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 37
2011. We learned from Mr. Denard today that there was a
pollutant scan when the was properly redesignated to
major NPDES [ph], which is great. We didn't understand that
from the permit review until now.
F: Can you speak up?
01:04:27 Jimenez: Sorry about that. I'm trying to get through a lot. But based on that
designation, we believe that the facility needs to retest for primary
industry pollutants under regulations. We believe it's also subject
to whole effluent toxicity testing and that a primary pollutant
analysis should be done before this permit is finalized.
01:04:50 As far as best available technology, as I'm sure you all are
aware, that for steam -electric power generation, the effluent
limitation guidelines are zero discharge, no discharge for bottom
ash transport water. But it appears that some of the water from
the —washing out the drag chain pit is going into the settling
ponds, and then into the canal.
01:05:13 And the new issue that I don't think we really teed up in
our written comments so far is the removed substances provision,
which a standard NPDES provision, and is in the draft permit.
That says pollutants removed in the course of treatment shall be
utilized or disposed of in accordance with NC General Statute 143-
215.1, and in a manner to prevent any pollutants from such
materials from entering the waters of the state, except as
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 38
authorized by the permit. This permit, of course, doesn't authorize
bottom ash solids going into the canal, and it's a little clearer after
these presentations, but it appears that that could be the case. So
we also have that concern.
01:05:51 And I guess the last concern is touching on stormwater. So
it was very helpful to learn that the stormwater is not going into
Price Creek. That's great. We do still have concern about the
depth of those ditches and what happens when you get severe rain
in this area. Our understanding is that the permit limits are based
on a 10-year rainfall event, which is set at about seven -and -a -half
inches, but we're seeing excess of that every year lately.
01:06:19 And —we were a little unsure whether PCBs are in the
existing transformer oil, and it —on the permit review, it appeared
that there was not full secondary containment. It sounds like there
aren't PCBs, and there is full containment, which I'm glad to hear
is the case. There are a lot of other substances stored on site that
are concernmg.
01:06:40 So, given the extent of the rains we've been having, we
are —a review of the Stormwater Pollution Prevention Plan, which
as we understand it, is not submitted to the state. It's kept on site
and is simply supposed to be up to standards, although it is a public
document. So we would urge publicizing that and giving it a good
look. Thank you.
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 39
[APPLAUSE]
May: Kerri Allen.
[INAUDIBLE]
01:07:09 Allen: Good evening. My name is Kerri Allen and I am the coastal
advocate for the southeast region of the North Carolina Coastal
Federation. We are a nonprofit organization dedicated to
protecting and restoring our coast. And we currently represent
over 16,000 members throughout the state.
01:07:36 We are here tonight asking you to strengthen CPI's permits.
We recognize the significant efforts that have gone into these draft
permits, and the improvements that have been made. However, far
too much is still unknown.
01:07:49 After reviewing the draft wastewater permit, it is clear that
there is not enough information provided to fully evaluate the total
impacts that discharges from CPI have on the natural and
economic health of the region. Before we can protect our
residents, we must fully understand what is being mixed into near -
shore [ph] waters up and down our coast.
01:08:08 As we've learned tonight, CPI produces close to 400,000
gallons of wastewater a day, including nearly three300,000
gallons of processed water. The discharge from the facility
contains contaminants associated with bottom ash transport water,
as well as coal, wood, and tire -derived fuel pile runoff. Coal ash
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 40
contaminants, which include arsenic, mercury, lead, and cadmium,
to name a few, pose serious health risks, as does ash from
adulterated [ph] and creosote -treated wood.
01:08:35 In addition to the fuel piles, a wide variety of materials at
the facility are exposed to precipitation. Of greatest concern is
approximately 20,000 gallons of transformer oil, which often
contains PCBs. I understand tonight, that may or may not be the
case. These materials are harmful if released into the environment,
and the threat of release grows each year as climate change makes
severe storms more frequent and more severe.
01:08:57 In order to strengthen the draft permit, we ask DEQ to
require CPI to test its wastewater and set limits in this permit,
based on test results. As well as prohibit CPI from discharging
bottom ash transport water.
01:09:10 Per the Clean Water Act, polluters must control their
discharges using the best available technology. As shown in
SELC's analysis, better wastewater treatment is technologically
and economically achievable. The burden of providing sufficient
evidence to reasonably ensure that the proposed [ph] system will
comply with all applicable water quality standards falls on the
permit holder, and DEQ, as they are under clear obligation to use
this information to protect public health and the environment.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 41
01:09:36 We thank you for your time and for the opportunity to
present these comments. We are confident that DEQ will continue
to work to strengthen these permits in order to fully address the
environmental and public health concerns to ensure the protection
of our residents and coastal resources.
[APPLAUSE]
May: Thank you. Ms. Deborah Ahlers.
01:10:01 Ahlers: Good evening. I'm Deborah Ahlers and I'm the mayor of the
Town of Caswell Beach. And I have to say one thing that
although we're very happy that Price's Creek is not receiving the
stormwater, it concerns me that now we know that both the
discharge from the wastewater and the stormwater are going in
front of the beaches at Caswell Beach.
01:10:28 The Town of Caswell Beach wishes to thank the staff at the
North Carolina Department of Environmental Quality Division of
Water Resources for allowing the town to submit comments on the
proposed wastewater permit application for CPI USA, North
Carolina. We appreciate the hard work that you and your staff are
doing and providing for the people of North Carolina.
01:10:47 Caswell Beach is located just a short distance from where
the permits states that wastewater, and now we know stormwater,
from CPI will be discharged into the Atlantic Ocean. Healthy
town beaches and good recreational water quality are critical for
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 42
the Town of Caswell Beach. This summer, the population of
Caswell more than quadrupled as tourists vacation in our town to
enjoy our beaches and our clean ocean water.
01:11:10 After reading the draft permit application, Caswell Beach
respects that —respectfully asks that North Carolina Department of
Environmental Quality require that all chemicals that are
reasonably expected in this discharge stream be identified and
monitored as part of the required condition for permit approval.
Caswell Beach also feels that limits should be placed on each
potentially harmful chemical in the stream, and be restricted as
necessary, to preserve the health of our community and of our
environment.
01:11:40 Caswell Beach has no interest in causing our corporate
neighbors any undue regulatory burdens. We do, however, feel
that it is our obligation to know what chemicals are in the
discharge stream, and that those chemicals are regulated and
limited. We trust that CPI and the North Carolina Department of
Environmental Quality will work to assure the residents and
visitors of Caswell Beach that the discharge stream will not pose
any hazards to our town or to our waters. Thank you.
[APPLAUSE] And we thank you for the opportunity.
May: Peter Key.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 43
01:12:23 Key: Good afternoon. My name is Peter Key. I'm the president of
Brunswick Environmental Action Team. Brunswick
Environmental Action Team thanks the staff for the North Carolina
Department of Environmental Quality for allowing comments to be
submitted on the proposed permit application for CPI USA. We
appreciate the hard work that you do, and that your staff provides
for the health and safety for the citizens of North Carolina.
01:12:55 BEAT is a group of Brunswick County residents whose
mission is to embrace and support conservation and protection of
the environment as core values in personal, business, and
governmental decision -making. The objective is to enhance,
preserve, and maintain the Brunswick County living experience.
We have frequently come alongside local government agencies to
bring healthy and safe alternatives to challenging environmental
issues in our county.
01:13:19 Methods such as the methyl bromide situation up in
Columbus County. We worked with the Town of Sunset Beach in
in the Jinks Creek project down there. We're currently working on
this one, and also working with Southport on their wastewater
treatment facility that is planned to be located in a flood zone.
Yes.
01:13:40 Because we support a healthy and safe environment for our
residents, we are very concerned when we learned that CPI USA
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 44
was requesting a permit to dispose of toxic bottom ash in the
ocean, directly off Caswell Beach, where our families and the
families of tens of thousands of North Carolinians recreate each
year. We are also concerned about the impacts these activities may
have on the ocean ecosystems and wildlife.
01:14:01 We have read that the toxic chemicals CPI USA is dumping
are diluted to levels not harmful to humans, and yet, the
vacationing tourists knew that —if vacationing tourists knew that
these chemicals were being dumped at unknown times of the year,
they may be inclined to go elsewhere. This would endanger the
economy we have built from tourism on the southeastern shores of
North Carolina. Therefore, we feel that no level of bottom ash
dumping is acceptable.
01:14:25 After reading the draft permit application, BEAT [ph]
respectfully requests that the North Carolina Department of
Environmental Quality reject the application to discharge these
toxic compounds into the ocean. Instead, since as the permit
states, only 17,000 gallons a year are discharged, and a typical full-
sized tanker truck is 11,000 gallons, CPI USA should be required
to capture the effluent and ship it via tanker truck to a disposal
facility similar to what Duke Energy is doing with their own coal
ash.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 45
01:14:52 Two tanker truck's loads can't be too much of a burden on
a company as large as Capital Power. We believe that none of this
waste product should be allowed to reach the public when such an
easy alternative exists. We believe that ADM and Duke Energy,
our other large corporations [ph] are good neighbors who do a lot
of good in our communities. We support them in the endeavor to
make Brunswick County a great place to live and play.
01:15:15 In light of some of the comments that we have heard
tonight, I would like to add the additional comment. It seems like
we've cleared up and created some other confusion and
incongruencies. And my suggestion would be that CPI USA host a
tour of the facility with local leadership. That includes the towns
of Oak Island, Caswell Beach, Southport, local news agencies, and
any other interested parties, so that they can show people what they
do at the facility, how it works, and how it relates with the permit
process. Thank you.
[APPLAUSE]
May: Lynn Baker [ph].
01:15:53 Baker: Good evening. I also was an environmental specialist for the New
York Department Environmental Conservation, shellfish division
[ph]. So I'm kind of familiar with what we're talking about
tonight.
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 46
01:16:22 First it was GenX toxic compounds that have been
discharged into our river for years. These poison our drinking
water and the health of marine life in our waters. Then they
lowered the standards of the Clean Water Act. And then we have
the threat of drilling off of our shores. Now we find out that a
power plant, CPI, one that very few people even are aware it
exists, is releasing wastewater containing toxic chemicals to the
Atlantic off Caswell Beach.
01:17:02 DEQ is the lead stewardship agency for the protection of
North Carolina environmental resources, including air quality,
water quality, and public health. It states on its website that it
encourages responsible behavior with respect to the environment,
it enhances and ensures our quality of life.
01:17:28 So, how is it that DEQ allows anyone to dump large
quantities of any toxic chemical into our waterways? Only six
football fields off the beach at Caswell, only to be washed up on
the next high tide. How is that okay? Four hundred thousand
gallons of wastewater a day, including bottom ash. This is not an
insufficient amount. Bottom ash is a byproduct of coal combustion
and has beenI'm sorry. I can't read my own writing.
[LAUGHTER] And has been added to the facilities wastewater
since the plant's last permit renewal. Added after the renewal.
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 47
01:18:20 DEQ does not know what CPI is emitting [ph]. These
pollutants should be identified before issuing a new permit. Right
now, the Clean Water Act requirements only apply to one waste
stream, and this plant has several.
01:18:37 The new —the North Carolina Senate has made it clear that
they are out to protect the interest of big business, not the health of
constituents of North Carolina. The Southern Environmental
Legal Center has asked for a detailed analysis of the waste before
issuing a permit. Why doesn't DEQ know what is in the
wastewater? And if it does know, why don't we? Is this the
legacy we want to leave behind? A toxic stew of incinerated tires,
creosote -treated lumber, and coal.
01:19:15 Enough. DEQ, do your job. Protect us, don't protect CPI.
No coal ash discharge. No renewal until we know the full scope of
May:
Baker:
[APPLAUSE]
May:
01:19:43 Wilkins:
M/F:
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what exactly is in the —
Thank you.
wastewater and storm runoff. I'm done [ph].
Emily Wilkins [ph].
I'm Emily Wilkins. I'm representing myself. I am a resident of
Caswell Beach.
Louder [ph].

NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 48
01:19:56 Wilkins: Okay. I will. [LAUGHTER] Thank you for providing this forum
so that I have the opportunity to ask you to please protect us from
industrial waste and pollution in our environment. Also, I'm here
to invite you, any of the representatives of DEQ here tonight, to
join me at 9:00 a.m. tomorrow morning at a site where you will get
a personal feel for life at Caswell Beach, and where the overview
of the map —be in that environment [ph].
01:20:35 Caswell Beach is a small town of 400. It sits on the east
end of Oak Island. And you can see from this vantage point that I
invite you to join me, the beach, the dunes, the maritime forest that
abuts the beach, and the beach road. From this spot, I am
confident that you can make a better informed decision if you see
for yourself the Duke Energy canal, see where it actually —the
discharge pipe goes under the beach road, then under the beach,
and under the sea, to discharge within easy eyesight just off the
shore.
01:21:17 From this vantage point, you can see the disturbance in the
ocean water where the discharge enters the ocean. You may see
boats there, at that warm spot in the water. The fish caught in that
spot have long fed families in Brunswick County. On warm days,
you would surely see children and families on the beach enjoying
wading in the water and fishing.
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 49
01:21:43 You can see this and more from the deck of the Tom Hess
crossover. If you cannot come —one of you said your wife
required you to be home tonight. But if you cannot come
tomorrow morning, perhaps you can envision this place, that
counts on you, your expertise, your oversight, and your
monitoring. And your job and decision -making is making so
important. We depend on you for protection from more
environmental damage and dangers to our area.
01:22:22 My name is Emily Wilkins. I will meet you tomorrow at
9:00 a.m. on Caswell Beach Road, at the intersection with
Oceangreens Lane, at the Tom Hess crossover to the beach. Please
join me.
[APPLAUSE]
May: Joe Hatem.
[APPLAUSE]
01:22:57 Hatem: I'm mightily impressed to see all y'all here tonight. Thank you for
being here. And I want to thank DEQ for this presentation. I came
here to learn. So as you speak, I take notes. I've learned so much
in a very short period of time, so I thank you all for that.
01:23:20 I just wanted toI'm just going to read two quotes. One is
from my campaign in 2015. As you know, I ran several times.
[LAUGHTER] But this is from 2015, and the reason I'm reading
this is because my platform was for the health of the city, and this
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 50
was in particular, the health of our environment. "Southport is
blessed with the maritime forest, gorgeous live oaks, the beautiful
Cape Fear River flowing into the Atlantic Ocean. The Intracoastal
Waterway, creeks, and marshes, and all need to be preserved and
protected, allowing these habitats to thrive.
01:23:59 "We will promote public health measures that provide
clean water and clean air, and ally with county, state, and federal
agencies, as well as conservation groups, to enhance our
environmental treasures."
01:24:12 Most people when they read that, they thought that that was
probably the least important part of the platform. But I tried to tell
them, you had to vigilant. No, maybe we didn't know about GenX
in 2015, and we certainly —I didn't know until recently, that
Capital Power was putting that effluent into the Duke canal and it's
going out to Caswell Beach.
01:24:36 The it —the other thing that is so impressive is the
engineering aspect of this. I mean, you think of the power plant
there, you think of ADM, think of CPI. If they have the
technology to have these plants there, they have the technology so
there will be zero emissions from that plant. [APPLAUSE] It's in
our water. It's in our lungs. It's in your children, it's —your pets,
in our plants.
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Public Hearing 11-21-19
Page 51
01:25:09 The second quote is from a professor at UNC School of
Public Health. "Everyone is impacted by air pollution. But our
exposure is far more complicated than what we knew before.
What we are trying to investigate and highlight is what are the true
drivers of toxicity in the atmosphere. Not only the atmosphere, but
in our water, in the ground." I mean, we still don't know the full
ramifications of what we're being exposed to. The stuff that
you're wiping off your cars, you can't wipe it out of your lungs.
So we have to be vigilant.
01:25:58 The other thing that I just want to say briefly, I did not
realize, is 1.9 billion gallons a day coming out of Duke power
plant, including that effluent. That's pretty impressive. And
Karen [ph], we thought we had an issue with 750,000 in the sewer
plant. So we —that really pales compared to that.
01:26:20 But I'm here as a physician. I'm here as mayor -elect. I
want to hear from you at the next board of alderman meeting. We
want to look into this. I'm happy to go out to the plant and look
around and inspect [ph]. And anything I can do as mayor and as a
physician, we will do to protect our environment and protect our
citizens. Thank you.
[APPLAUSE]
May: Karen Mosteller [ph].
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 52
01:27:00 Mosteller: Thank you so much for being here and having this forum. A lot of
well -learned people have spoken about the science, and I just
wanted to make just a couple of comments.
01:27:15 One, I just, from a stormwater perspective, I just wanted to
make sure that y'all were aware that a couple years ago we had a
fire there, and so our fire department responded, and it took about
14 hours to put it out. And it was woodchips and creosote mixed.
And they ultimately had to sort of spread it out away from the
chopped -up tires so they didn't catch on fire.
01:27:39 So water —of course, a lot of water was in that process of
putting out that fire. And so I know that becomes stormwater-ish
runoff. And so I just want to make sure that sort of —kind of the
conversation is also factored in because that is something besides
just the toxicity of what goes into the air.
01:27:58 And then, I —one thing I also wanted to say was —and I
have —I think this is the air quality report, or study, but in it, it
talks about —one of the things it says is that our area is classified
as rural. And with all these people here, we're not really what
rural —rural conjures up it's out where no people live. These
people live right up against where this is. And I just want to make
sure that as guidelines are being applied, that in `87, when this
plant was built, none of us lived that close to that. And it's a very
different environment.
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Public Hearing 11-21-19
Page 53
01:28:41 So I just wanted to also mention that. And again, thank
you. Thank you for being here.
[APPLAUSE]
May: Chap Haddon [ph].
01:29:02 Haddon: Good evening. My name is Chap Haddon. I'm a resident of the
City of Southport and live in the Turtlewood subdivision, which is
a neighbor to CPI, right next door. I'm here tonight to first thank
you for taking the time to open up and allow us to speak to you
about this, but also, to express some concerns for not only today,
which this permits attests to, but tomorrow. I think we've asked
some of the questions that are pertinent to what we need to
understand today.
01:29:37 But what is the impact for tomorrow? And to understand
that, you need to really look back into the past. Now, I've asked
the question is [ph], what is in the cooling canal today? This
permit addresses how much goes out. And if I add up 32 years'
worth of bottom ash, that would be about 544,000 gallons, if I
understand, if my math is correct. That's a significant amount of
material that could still be in the bottom of that canal.
01:30:02 Although it was pointed out to me tonight that that swift
water going through there, the accumulation and the biology of
that area, it could be fairly significant, and we really need to
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 54
understand that to make a significant decision on what we do going
forward.
01:30:17 The plant was also built in 1987. And with that in mind, it
was built with 1987 standards for pollution control. And as the
time goes on, have we updated those standards to what we can do
today in both processes, and procedures, and equipment?
01:30:33 I ask you to clearly take a look at that for the future of our
children, our grandchildren that will be living here. I do agree with
Karen, as she states that this is no longer a rural area. We set
closer than Price's Creek, closer than Arbor Oaks. And I will
attest to the fact that we do have to clean our houses fairly
frequently. Our cars are coated in materials. I've even been in the
City of Southport and seen it there. And we need to understand
what is in the materials. Not in —only the water, but also in the air.
01:31:09 As Dr. Hatem pointed out, what we breathe into our lungs
can clearly impact us, and could be significant to both the elderly
population, and also to the young people.
01:31:20 Again, I thank you for your time and taking the time to be
here, to listen to us, and allow us to express our concerns, as well
as to look at what we need to do in the future. Thank you.
[APPLAUSE]
May: Lora Sharkey.
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Public Hearing 11-21-19
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01:31:42 Sharkey: Good evening. I'm Lora Sharkey. And first, I want to say thank
you to Lauren and Annette [ph] for the very productive
conversation we had last Friday. I appreciate it. You answered
some of the questions that you've addressed here tonight, but I got
it first-hand, about discharges, and PCBs, and other concerns that I
had. So thank you very much for that conversation.
01:32:12 I am Lora Sharkey. I am a resident of Southport, North
Carolina, and I'm an elected official for the City of Southport. I
am here on behalf of the Southport Board of Aldermen to provide
feedback on the proposed NPDES stormwater permit for Capital
Power.
01:32:28 While the CPI power plant does not sit within Southport
city limits, there are city neighborhoods and an assisted living
facility in close proximity to CPI, and we feel it is our
responsibility to participate in this public hearing.
01:32:45 The plant —these comments are not indicative of any
dislike for CPI or its employees. The plant has been supportive
[ph] of Southport in the face of hardship, particularly dealing with
hurricanes, and most particularly, Hurricane Florence. These
comments are simply intended to express the desire to see the best
practices adopted, to protect the well-being of our residents, the
waters we swim in, collect food from, and simply appreciate.
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 56
01:33:13 It is public knowledge that CPI plant is permitted to burn a
variety of materials as fuel in the creation of steam and electricity.
These materials include shredded tires, woodchips, railroad ties,
and some coal. Combustion of these materials result in ash that
contains contaminants that will be hazardous to the water and soil
if not adequately treated or removed from the wastewater before
disposal.
01:33:40 The City of Southport requests that CPI be required to
monitor contaminant levels and treat their stormwater and
wastewater discharges in a manner that meets or exceeds water
quality standards set forth in the Clean Water Act.
01:33:54 Additionally, the city requests that CPI be tasked with
improving containment of contaminated stormwater during flood
conditions. There's a statewide effort to direct and guide all
municipalities in flood -prone areas to become more resilient in the
face of climate change and increased rainfall amounts during storm
events. This proactive stance should also be applied to industry to
safeguard [ph] human health. Thank you.
[APPLAUSE]
01:34:33 May: Well, at this time, we've heard from those that have registered to
speak. I would ask at this time if there's anybody else that did not
register who wishes to provide comment? Yes, sir? And if you
would, please state your name when you speak.
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Public Hearing 11-21-19
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01:34:53 Webb: My name is Tom Webb [ph]. I am a —new kids on the block.
Peggy and I are new residents here. We've been here about two
months. And I just want to say that we live a little bit farther away
than we've heard from some other folks. But I've still been woken
up during the night when the grinding is going on. And clean my
car on a regular basis.
01:35:24 And it's disturbing. We came here because Southport
offered something totally unique. And I'm up here now because
I'm on to put my mouth where my money is. And I've been
contributing to environmental action groups all my life. And I
finally have to get up and say enough is enough.
01:35:50 So, the two things that stood out to me were the stormwater
collection. It doesn't seem like it would take a whole lot to figure
out how much of a storm would have [ph] for it to overflow. And
I've heard about Florence. I was wondering whether there's been
any looking at what really happened at the plant when we received
35, 40 inches of rain. And that chance is increasing all the time,
from what we hear.
01:36:20 The other thing that got my attention, time and time again,
from what I saw —at least this is how I interpreted it —that a lot of
the information comes from CPI itself. [LAUGHTER] And I don't
know what —it doesn't seem like the energy companies in this
country are all that honest these days. So if, in fact, we are getting
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 58
our information from them, and basing a permit on what they're
telling us, can we be proactive and do testing to find out whether
they're facts are, in fact, facts, not made up? So. Thanks for the
opportunity, and we have a lot of trust in you, so please honor it.
Okay. Thank you.
[APPLAUSE]
M: question, comment [ph].
May: If there's another speaker, you're welcome to come. And again—
M: [INDISCERNIBLE]
May: If you would, please state your name and who you might be
affiliated with.
01:37:39 Yarb: My name is Bud Yarb and I'm a resident of the Landing [ph]. I'm
affiliated with myself and my family. [LAUGHTER] And I just
have a couple of comments.
01:37:48 One, and this goes probably to Dr. Hatem back there [ph].
I'd be very interested in looking at the statistics for upper
respiratory infections in the Southport region. I'd also be very
interested in looking at the number of brain tumors in the
Southport area because we have some friends that have come down
with brain tumors, and there's one location within the city that has
a preponderance for brain tumors.
01:38:13 And thirdly, I'd like to know if CPI and the organizations
ever submitted a risk assessment to your organization or anyone
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 59
else. Or if you have a risk assessment for CPI and ADM. Are you
familiar with the required risk assess —requirements for these
companies?
01:38:37 May: Right now I would apologize, but we're —this isn't a question -and -
answer session.
Yarb: [INDISCERNIBLE]
May: But that's something that we could follow up on [ph].
Yarb: It's not a question. Okay. Okay. Thank you very much then.
[APPLAUSE]
May: Does anybody else wish to speak or provide comment? This
gentleman on the front.
01:39:02 Jakus: Hi. My name is Bob J-A-K-U-S, Jakus. And I'm a citizen of Oak
Island. And I'm also a person who works with the Brunswick
Environmental Action Team. I've also served with the Beach
Preservation Society of Oak Island for numerous years, though I'm
not —I was their treasurer, and I'm not on that group any longer.
But I support and love everything that they do.
01:39:37 I worked for years as an educator. I'm a retired teacher. I
was a middle school, and high school, and community college
teacher. And I even in years past taught here and had some
students, math here [ph]. So primarily though I'm a math teacher,
I've written some really exciting project -based curriculum, and I
love working with children. And the project -based activities
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Public Hearing 11-21-19
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involve aquatic ecosystems, an understanding of our one world,
one ocean.
01:40:06 And we start to think that there are walls everywhere.
There are seven different oceans. There are different continents.
There —but really, we're connected. And the ocean that's right
outside our door in Caswell Beach, right outside my door, when I
walk out —I can walk there in 10 minutes —it's just magnificent.
And to share that enthusiasm and excitement with the youth, with
the kids, and get them to interact with reality the —of life, and
loving life, and loving nature, is very scary when —every time I go
to Southport from Oak Island, I drive over that canal. And I look
at the canal and I go, "Oh, who would even want to put their toe in
that, that nasty -looking canal?" And I lived here in 1999, and I
saw the canal then, and it was nasty. And it's nasty now. And I'm
just like, I know that we're talking about maybe the specific
property itself, but we're connected.
01:41:10 And that canal that flows underneath Caswell Beach and
dumps water into our ocean, and our dolphins, and our whales.
And I saw a whale, you know, beaching, you know, dying on the —
on our beach a couple years ago. And who knows? We just don't
know. The knowledge isn't there. But that's what we want our
kids to have the enthusiasm and excitement to learn, and to
explore, and to study. What's going on with our chemistry, our
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 61
biochemistry, our microbiology, our —the statistics, the analysis,
the thinking. What's best? Let's get some love. Let's get some —
who said it best, maybe George Harrison, huh? Hare Krishna.
Thank you very much. We love you [ph].
[APPLAUSE]
May: Are there any other speakers that wish to comment on the two
permits? Yes, ma'am? And again, if you would state your name,
please.
01:42:10 Ward: Hey. I'm Catherine Ward and I live in Harbor Oaks, which is in
Southport. We are right outside of where Capital Power is. And
my husband and I really weren't aware of any of the pollutants
Capital Power put out until we moved into our neighborhood. And
not long after we moved into our neighborhood, we noticed that we
had a constant [ph] ash on our front porches, our fans, our back
porch. And we recently had plants on our back porch. We have
herbs and we can't use any of them because they are constantly
covered in black soot.
01:42:47 And we're here tonight because we are concerned parents.
I'm actually from the area and I grew up here, but I didn't grow up
within a mile of Capital Power, and my little boy does. He's three
years old, and we have another one soon to be. So we're raising
kids here. And I ask you to look into this permit as if your kids
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NCDEQ
Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 62
were living within a mile of Capital Power. And that's really my
only comment.
[APPLAUSE]
May: Are there any other comments on the stormwater permit and
wastewater permit? Yes, sir?
01:43:28 Baldwin: My name is Merle Baldwin. I live in Oak Island. For over 26
years, I cleaned —did remediation and hazardous waste cleanup all
over the country. Mainly based here out of North Carolina. When
I look at some —some of the things I've learned over the years is,
you can't get something clean without getting something else dirty.
And it's possible to get everything dirty and nothing clean.
[LAUGHTER]
01:44:05 But —and when I look at this, I don't look at it as much of
aas a human standpoint. I look at it more regulatory and how to
clean it up. So when I look at some of these —and somebody else
brought this up, which I had written down here in the slides [ph]
that Derek had, on the priority pollutants, where they had a grab
sample instead of a composite sample. And again, that was one
sample per permit period, which we're saying that the permit could
be a five-year period.
01:44:38 So, for doing all the heavy metals, and VOCs [ph], and
everything else, I think that's something that really needs to be
done, I would say, at least on a semi-annual basis. And especially
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 63
for doing a grab sample, I don't think that that would be something
that would —I don't think is very over —you know, a composite.
It's not a representative sample.
01:45:04 With all the technologies out there now, they can put auto -
samplers in. And also, to make sure that where the sampling
points are, not in the canal, not in the ocean, but right there before
it goes into that number three discharge. I have cleaned out —you
know, I don't what the temperature —their burn temperatures are. I
know it's not —probably not incineration temperature, but when
you burn creosote and some of the other things like that,
pentachlorophenol, you get byproducts of those when you don't
burn those at an incineration temp —but just a burning temperature.
01:45:43 So you may have something left over from the creosote.
I'm assuming that's in there as well, in the bottom ash. And I
don't know if they use dewatering plates, or a dewater—belt
dewatering, however they use that for when the ash comes out.
But again, as someone else said, all that stuff can go to Pinewood,
South Carolina for hazardous waste facility. And the same thing
with the liquids. They don't —those things [ph] should not be
discharged. Thank you.
[APPLAUSE]
01:46:18 May: Is there anybody else that wishes to comment on either the
stormwater or wastewater permit?
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Public Hearing 11-21-19
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[INAUDIBLE]
01:46:28 Parisi: Hi. My name in Donna Parisi [ph]. I live in Turtlewood, resident,
right in Southport. My backyard literally is CPI and ADM. So my
question to you would be, in the environmental impact, I've dealt
with fracking, I've dealt with offshore drilling, as a fighter. So you
got me [ph]. My thing is, the brain tumor situation, which people
are explaining in the lands —Landings [ph], I found that. I lost a
son to cancer with a brain tumor because of chemicals. Primary
tumor [ph] .
01:47:03 So it is something that really needs to be followed up on,
and needs to be checked directly, because we have a lot of
children. We have a lot of adults who have come here to live and
enjoy their retirement. And quite honestly, if I didn't see it for
myself, on a boat, the water out by Caswell Beach, I wouldn't have
believed it. But I saw it. The temperature of the water is quite a
bit different than the regular part of the water, when you come up
to that part.
01:47:30 And it really needs to be not regulated by CPI, but by
people that really care about the environment. And so that's my
piece. Bye.
[APPLAUSE]
May: Are there any other comments on the stormwater and wastewater
permit? In the back.
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Public Hearing 11-21-19
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01:47:53 Ingram: Hi. My name is Jennifer Ingram and I didn't come in here tonight
to talk, but as I listen to what all of my neighbors say, I —and I
think that we've been very cordial, and very understanding, and
tried to make sense of this.
01:48:21 But I come from the nuclear industry. I was employed by
Duke Energy for 10 years, and am an auditor by trade. Basically,
I've been —dealt with many inspections with Nuclear Regulatory
Commission, and conducted many audits. The nuclear industry
knows where their improvement opportunities are. They can tell
you exactly where everything is in their plant. They know exactly
what they have to work on, and they know exactly who they owe
action items to. They know who they answer to.
01:49:00 And what I'm —what I want you guys to understand is that
in the nuclear industry —and I'm assuming that most of your career
opportunities —you're held accountable. You're held to a
standard. You acknowledge your ownership. And then people
hold you accountable if you fail.
01:49:22 And what I'd like to put on notice here, tonight, is that you
guys are on notice that if you fail, you will have to come back here,
and you'll have to look everyone here in the face, and explain why,
when you had a very good opportunity to fix what's broken.
01:49:40 So, I have not heard any statistics about what the maximum
allowable parts in the water are. I don'tI haven't heard anything
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Public Hearing 11-21-19
Page 66
about where CPI measures up to what the maximum amount
legally is. We've heard none of that. We've seen pretty pictures.
We've heard a lot of statistics thrown out as far as —not statistics,
but processes, and how you do stormwater writing.
01:50:10 And that's all great, but it doesn't answer this young lady's
question about her herbs that she can't use. And it doesn't answer
the issue about water and drinking. You all have bottles of water
sitting here. You're not drinking our water. [LAUGHTER]
[APPLAUSE]
May: Are there any other comments from folks who have not had an
opportunity to speak?
M: Okay. I'll do it. [LAUGHTER]
May: And if you could, remind us of your name.
01:50:58 Tomlin: My name is Tom Tomlin [ph]. I live in Turtlewood. At night
when the lights on the smokestacks blink, my wife says, "Is it
lightning out there?" We're that far from the plant. And people
have been talking like you can specify the limitations of what the
plant can emit or allow to leave, whether you have some control
over that.
01:51:26 And I know it's really common among businesses to say,
"Well, gee, regulation is terrible. We can't afford it. It's going to
impact our ability to make a profit." Now, let's not talk about how
much we pay the people at the top, and let's not concern ourselves
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Brunswick Community College, Bolivia, NC
Public Hearing 11-21-19
Page 67
with anything other than profits for stockholders. What I want to
suggest is that if you get feedback from CPI saying, "Well, that's a
good idea in theory, but we can't really afford to do that. It's not
practical," I would not accept that as a good argument against
following best practices and protecting this area for our spouses,
and our kids, and our grandkids, and our neighbors' babies, and
people like that. Thank you.
[APPLAUSE]
01:52:26 May: Is there anybody else that has not spoken who wishes to provide
comment on the stormwater permit or wastewater permit? Well, at
this time, seeing no hands, we will move on through the hearing
here.
01:52:43 So, if you did not speak tonight, but would like to submit
written comments, they will be accepted until 5:00 p.m. on
December 23rd, 2019. Written comments should be submitted to
the email address or postal address found on the handout available
at the registration desk. For reference, and if you didn't have an
opportunity to pick up a handout, the email address is
[e-mail]. Include CPI in the email subject
line.
01:53:20 Also, comments submitted by postal mail should be
addressed to Derek Denard, NC Division of Water Resources,
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Public Hearing 11-21-19
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Water Quality Permitting Section, 1617 Mail Service Center,
Raleigh, NC 27699-1617.
01:53:40 Based on public comments received and information
submitted in the application, I will make a recommendation to the
director of the Division of Water Resources and the director of the
Division of Energy, Mineral, and Land Resources for their
consideration in making a final decision on whether to issue or
deny this application.
01:54:00 At this time, I would like to thank all of you for your
attendance tonight, your feedback, and comments. This hearing at
this time is adjourned. Thank you.
M: Thank you.
[APPLAUSE]
[INAUDIBLE]
[END RECORDING]
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ATTACHMENT M
Affidavit of Publication for Public Hearing

AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PUBLIC NOTICE
N.C. DEPARTMENT OF ENVIRON-
MENTAL
NPDES QWAS WASTEWATER PERMIT UALITY INTENT TO ISSUE:*Before the undersigned, a Notary Public of Said County and State,
#NC0065099 AND STORMWATER
PERMIT #NCS000348
The N.C. Department of Environ Jarimy Springer
men a uality (DEQ -proposes to
issue. National Pollutant Discharge
Elimination System (NPDES) per- Who, being duly sworn or affirmed, according to the law, says that he/she is
mits to CPI USA North Carolina LLC
- Southport Power Plant. DEQ has,
scheduled' a public hearing ` to Accounting Specialist
gather comments. All comments g P
presented at the public hearing will
be considered in the agency's final
determination regarding permit is- of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of
suance and permit provisions.
PERMIT APPLICATIONS:North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington
CPI pled S oN rth NPDESpermits Carolina to, disf PUBLIC NOTICE N.C. DEPARTMENT OF ENVIRONMENTAL Q UALITY INTENT TO
charge wastewater and stormwater ISSUE. NPDES WASTEWATER PERMIT #NC0065099 AND STORMWA TER PERMIT
from the Southport Power Plant,
1281 Powerhouse Drive, Southport, #NCS000348 The N.C. Department of Environmental Quality DEQ proposes to issue National
discharges to the Atlantic Ocean, Pollutant Discharge Elimination System
Cape Fear River Basin. Currently no
parameters are Water -quality lim-
ited. This discharge may affect fu-
ture wasteload allocations in this
portion of the Atlantic Ocean.
The draft wastewater and stormwa-
ter permits are available online at:
https:I c hea�i g cpi-.hearing-north c aerol na ub was inserted in the aforesaid newspaper in space, and on dates as follows:
Ilc-wastewater-stormwater-perm its.
Printed copies of the draft permits IO�2I Ix
and related documents may also be
reviewed at the aepartment's Wil-
mington Regional Office.. To make
an appointment to review the
documents, please call, (910) 796-
7215. And at the time of such publication Star -News was a newspaper meeting all the requirements and
PUBLIC HEAkIN6 qualifications prescribed by Sec. No. 1-597 G.S. of N.C.
The N.C..De artme.nt- of Environ-
mental Quality will hold a public
hearing tb accept comments on the
two draft permits at 6 p.m. Thurs-
day, „ November, 21, 2019, at
Brunswick Community College, Title: Accounting S lalist
Building A; 50' College Road, NC-.
Speaker Registration will begin at 5
D.M. S orn or affirmed to, and subscribed before me this Z, `'AW 11111111*
A.D., ?_n>� �• NIN E3P, o,r
In Testimony Whereof, I have hereunto set my hand and affixed`] y idt*s* a*f,*f 1Iay aW
year aforesaid. t �.
zary�
.• %B&
My commission expires day of JUJ , 20 0�' •..• g
��l1! Qtll�
Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said
publication was duly and properly made and that the summons has been duly and legally served on the defendant(s).
This day of ,
Clerk of Superior Court
MAIL TO:

ATTACHMENT N
Affidavit of Publication, Brunswick Beacon, 2019/08/15

Landmark Tearsheets
Page 2 of 2
TOWN OF HOLDEN BEACH
NOTICE OF
PUBLIC HEARING
ZONING BOARD OF
ADJUSTMENT
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Unified Development
Ordina:ncetZotvng Text
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Publication:
Brunswick Beacon
Date:
2019-08-15
Section:
D
Page:
6
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w: 2.00 h: 7.25 t: 14.50
Ad #:
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