NCG020000_Email from Aggregates Assoc with Comment Ltr_20200814

Lucas, Annette
From: Jay Stem <[e-mail]>
Sent: Friday, August 14, 2020 5:05 PM
To: Lucas, Annette
Subject: [External] Public Comments for the Draft NPDES Stormwater General Permit -
NCG020000
Attachments: NCG02 Comment Letter - August 2020.doc
Annette,
Attached is NCAA's comment letter for the draft NPDES Stormwater General Permit — NCG02.
Please let me know if you have any questions.
Thanks,
Jay
Jasper G. Stem, Jr., P.E.
Executive Director
North Carolina Aggregates Association
353 East Six Forks Road, Suite 270
Raleigh, NC 27609
919 782-7055
Fax: [phone]
Serving the Aggregates Industry Since 1964
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GfR�GATES P. 0. Box 30603, Raleigh, NC 27622
1 S MATION Representing Producers and Suppliers in the Aggregates Industry
August 14, 2020
Annette Lucas, P.E.
Stormwater Program Supervisor
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
512 North Salisbury Street, Office 640-L
Raleigh, NC 27699
Re: Public Comments for the Draft NPDES Stormwater General Permit - NCG020000
Dear Mrs. Lucas:
The North Carolina Aggregates Association (NCAA) is submitting the following comments for the draft
NCG02000 NPDES Stormwater General Permit that will be effective on October 1, 2020.
Page 4, Section B-6 (Mining Permit)
The permit requires that a copy of the first page of the mining permit, the approved erosion and
sedimentation plan, and the approved reclamation plan be in the SWPPP. The new NCG02 permit
should only require the mining permit's first page in the SWPPP. The erosion and sedimentation and
reclamation plans are already onsite or available when requested, so we do not see the need to have this
additional information in the SWPPP.
Page 10, Section C-8 (Upsets) and C-9 (Required Notice for Bypass or Upset)
For unanticipated bypass or upset, NCAA has voiced our concerns about the unnecessary delays in
allowing the operator to begin pumping flood water from the pit. Below are bullet points that we would
like to have in the technical bulletin that helps to clarify the intend of the permit language.
• Upsets may occur as a result of large named and unnamed storm events that result in heavy
rainfall and associated flooding over a short period of time that are outside of the permittee's
control.
• Such trapped rainfall or flood water must be removed from the mine pit as soon as possible
after the storm event ends in order for the permittee to return to normal operations.
• Once the permittee provides notice of the Upset to DEMLR's regional office and its plan to
remove/pump the trapped rainfall or flood water from its mine pit in the most practical and
environmental protective manner possible, DEMLR regional office staff should have the
authority to review the plan and grant, in writing, this temporary deviation from the permit's
standard operating and monitoring conditions for an agreed upon time period until the
operation returns to normal operating conditions.
Page 2 - Public Comments for the Draft NPDES Stormwater General Permit - NCG020000
353 E. Six Forks Road, Suite 270
Raleigh, NC 27609
Phone [phone] * FAX [phone]
Email [e-mail] * Web Site www.ncaggregates.org

• Once the operation returns to normal operating conditions, all standard operating and
monitoring conditions of the permit will apply.
Page 12, Section D-3 (Renewal of Dormant Status)
This section references "for a period of one year or less". No other section under "Inactive Mine/
Dormant Status refers to a time frame of one year or less. This language needs to be removed from this
section.
Page 18, Section F-5 (Exceedance of In -Stream Water Quality Standard for Turbidity)
Of the 21 Stormwater General Permits issued, NCG02 is currently the ONLY permit that even mentions
turbidity. The proposed new NCG25 permit mentions turbidity, but there is no standard or limit given.
The current NCG02 permit separates the turbidity benchmark and tiered response from other parameters,
and although the benchmarks of 50, 25, and 10 are given, the tiered response for turbidity states:
"If the first valid sampling result required for the monitoring period is above the turbidity benchmark at
any outfall, and the permittee cannot demonstrate the discharge has not caused or contributed to a Water
Quality Standard violation with up- and downstream samplingr, then the permittee shall:..."
That means if the benchmark for turbidity is exceeded, then the tiered response is only required if the
permittee cannot demonstrate compliance with the Water Quality Standard. If the permittee can
demonstrate compliance with the Water Quality Standard by sampling upstream and downstream, then
the burdensome tiered response (which only addresses turbidity specifically in Tier Two) should not be
required. Doing so has the potential for stormwater outfalls with higher turbidity levels likely caused by
natural soil types (which are also likely to exist in the receiving stream) to remain indefinitely in
monthly Tier Two monitoring.
The simple solution is to list turbidity on the benchmark table the same way it is listed on the Effluent
Limitations table on page 25 of the Draft NCG02 permit, with the note "See F-5,"
Or
Keep the language from the current permit as mentioned above that only applies when the benchmark is
exceeded and compliance with the Water Quality Standard cannot be demonstrated.
Page 19, 20, and 22. Table 5 (Tier One Response for a Benchmark Exceedance), Table 6 (Tier
Two Response for Two Consecutive Benchmark Exceedances), Table 7 (Tier Three Response for
Four Benchmark Exceedances Within Five Years)
The "Timeline from Receipt of Sampling Results" requires within two weeks for the permittee to notify
the Division's Regional Office of the exceedance date and value. The current permit does not have a
timeline. Revise the timeline to one month for the new permit.
Page 24. Section H-1 (Analytical Monitoring of Wastewater Discharges)
If a facility has achieved semi-annual monitoring under the current permit, the facility should not have
to go back to quarterly sampling because a new general permit was issued. Clarify that semiannual
monitoring of wastewater can continue when the new permit becomes effective.
Page 3 - Public Comments for the Draft NPDES Stormwater General Permit - NCG020000
Page 28. Section I-1 (Submittal of Discharge Monitoring Reports)
353 E. Six Forks Road, Suite 270
Raleigh, NC 27609
Phone [phone] * FAX [phone]
Email [e-mail] * Web Site www.ncaggregates.org

The draft permit requires submittal of the DMR within 30 days of receiving the sample results.
If you are required to report within two weeks that you have an exceedance, then why have a
requirement that DMR's shall be submitted within 30 days of receiving the sample results. With the
proposed sample results deadline being a variable due date, instead of a constant due date, this will
create an administrative challenge to ensure that all results are submitted within the 30-day reporting
timeframe. NCAA recommends that the samples should be due 30 days after the sampling period ends.
If the Department wants the results before the sampling period ends, then we recommend that the
Department compile the DMR's, since the Department will already have this data.
Page 28. Section I-8 (Submittal Process before Electronic Discharge Monitoring Reporting)
The new permit requires the operator to electronically submit the report and mail the original report as
well. This seems to be redundant; the electronic report should suffice. The courts have ruled that
electronic documents are legal documents, so why does DEQ need the original document mailed to the
regional office. If the regional office needs a copy of the report, they can receive an electronic copy, as
well.
The previous NCG020000 permits have allowed six months for the industry to implement the new
requirements. NCAA is requesting that the same implementation period be applied for this permit.
Thank -you for the opportunity to submit comments on the draft NCG02000 draft permit.
Sincerely,
favor (�. Stem, Jr.
Jasper G. Stem, Jr., P.E.
Executive Director
353 E. Six Forks Road, Suite 270
Raleigh, NC 27609
Phone [phone] * FAX [phone]
Email [e-mail] * Web Site www.ncaggregates.org