General Comments from US FWS

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9 ' FISH AND WILDLIFE SERVICE
�9RCH 3 Asheville Field Office
160 Zillicoa Street Suite B
Asheville,North Carolina 28801
April28, 2021
Ms. Alaina Morman
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh,North Carolina 27699
Dear Ms. Morman:
Subject: Comments on National Pollution Discharge Elimination System Program(NPDES)
General Industrial Stormwater Permit Draft Renewals for NCG02,NCG03,NCG06,
NCG08,NCG09,NCG10,NCG12, and NCG19 by the North Carolina Stormwater
Program.
On April 1, 2021, we received (via email) your information requesting our comments on the
subject permit renewals. We have reviewed the information that you presented and the
following comments are provided in accordance with the provisions of the National
Environmental Policy Act(42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as
amended(16 U.S.C. 661 - 667e); and section 7 of the Endangered Species Act of 1973, as
amended(16 U.S.C. 1531 - 1543) (Act).
Proiect Description
According to the information provided,North Carolina(NC) has 21 General Industrial Permits
(GIPs) that address industrial stormwater point-source discharge from facilities to waters of the
U.S. Industries that are eligible for one of the GIPs are issued a Certificate of Coverage (COC).
Each facility's COC contains the same requirements as other facilities covered under the same
permit. GIPs are renewed every 5 years and the NC Stormwater Program has the following GIPs
up for renewal in 2021: NCG02 (mining),NCG03 (metal fabrication),NCG06 (food and
kindred),NCG08 (transit and transportation),NCG09 (paints and varnishes),NCG10 (used
motor vehicles),NCG12 (landfills), and NCG19 (marinas and shipbuilding).
Federally Listed Species
The permit renewals proposed are associate with stormwater discharges in multiple NC counties
that have occurrence records of federally listed and at-risk species. Of special interest are
waterbodies receiving stormwater discharge that support listed aquatic species and their habitat.
Below is a list of the federally endangered and threatened species, and at-risk species known
from the U.S. Fish and Wildlife Service's (Service)Asheville Ecological Services Field Office
(Asheville ES) work area for which we have concern.

Ms. Morman—DEQ 2
Species Status'
Appalachian elktoe Alasmidonta raveneliana E
Atlantic pigtoe Fusconaia masoni PT
Carolina heels litter Lasmi ona decorata E
Cumberland bean Villosa trabalis E
Green floater Lasmi ona subviridis ARS
James s in mussel Pleurobema collina E
Little-wing pearlymussel Pe ias abula E
Oran efin madtom Noturus gilberti ARS
Roanoke logperch Percina rex E
S otfin chub Erimonax monachus T
Tan riffleshell E ioblasma orentina walkeri E
Tennessee heels litter I Lasmi ona holstonia ARS
' E=endangered, T=threatened, PT=proposed threatened, and ARS = at-risk species.
Designated critical habitats for Appalachian elktoe, Carolina heelsplitter, and spotfin chub also
occur in the Asheville ES work area.
Under the Clean Water Act, the Environmental Protection Agency authorizes the NPDES permit
program to state governments, enabling them to perform many of the permitting, administrative,
and enforcement aspects of the NPDES program. In accordance with section 7(a)(2) of the Act
and 50 CFR Part 402.01, before any federal authorization/permits or funding can be issued, it is
the responsibility of the appropriate federal regulatory/permitting and/or funding agency(ies) to
determine whether the project may affect any federally endangered or threatened species (listed
species) or designated critical habitat.
We are concerned about potential direct, indirect, and cumulative impacts to the species listed
above and their designated critical habitats should the GIN be renewed as proposed. The
proposed NPDES permit renewals could result in take and adverse modification of designated
critical habitat by allowing stormwater discharges into waterways that support the species.
Activities causing take and/or adverse modification would require an incidental take permit
under the Act. Adverse modification is any"direct or indirect alteration that appreciably
diminishes the value of critical habitat for the conservation of a listed species." Such alterations
may include, but are not limited to, those that alter the physical or biological features essential to
the conservation of a species or that preclude or significantly delay development of such
features.
We recommend that prior to issuance of a COC, the NC Stormwater Program review projects for
potential impacts to federally listed species and critical habitat. Official lists identifying species
and critical habitats present in the county where a COC would be issued can be accessed at the
Service's Information for Planning and Consultation(IPaQ website: https:llecos f vs.govlipacl.

Ms. Morman—DEQ 3
If it is determined that this project may affect any listed species or designated critical habitat, you
and the federal action agency must initiate section 7 consultation with this office.
General Comments and Recommendations
If allowable limits of pollutants, in the permit renewals, are higher than the EPA's recommended
aquatic life criteria,we request that the permits be amended to comply with the EPA's published
criteria(https:llwww.epa.govlwgclnational-recommended-water-quality-criteria-aquatic-life-
criteria-table). In some cases, the EPA-recommended limits are higher than concentrations
where negative effects to aquatic species have been demonstrated, and allowable limits lower
than the EPA standard would be preferable.
The Service is also concerned about the proposed quarterly monitoring schedule outlined in the
draft permits, especially draft permits with discharge characteristics that have daily maximum
limits. Several of the draft permits state: "Note that for a quarterly sampling schedule, the
sample result counts as both the Daily Maximum and Monthly Average value." We are
concerned that the proposed quarterly monitoring schedule for discharge characteristics is not
frequent enough to determine a monthly average or accurately characterize a daily limitation and
may overlook departures from daily maximum limits that are biologically significant for the
survival of federally listed species. We request that,where endangered, threatened and at risk
species are present, the permit conditions provide for more frequent monitoring of discharge to
ensure that daily limits are not exceeded.
"Measurable storm event" is defined in the GIPS as "a storm event that results in an actual
discharge from the permitted site outfall". However, permits place the following condition on
the definition: a measurable storm event "occurs at least 72 hours after the previous measurable
storm event unless the permittee can document shorter intervals that may be representative for
local storm events". This places the decision for increased monitoring on the permittee and not
the regulator. The Service recommends that monitoring occur whenever a measurable storm
event meets the unconditioned definition outlined in GIPS regardless of interval and number of
hours passed.
The GIP fact sheets note: "Total Toxic Organics (TTO) has been removed. Review of several of
the facilities with NCG10 permits indicated that only about seven percent of the facilities are
conducting TTO monitoring. The others certify that they implement a Solvent Management Plan
and this allows the TTO monitoring requirement to be waived. Implementation of the Solvent
Management Plan is now required." TTO results offer a summation of values and this along
with pH and any metal alloy provide early results for potential violation. The lack of
participation in facilities conducting TTO monitoring should not be reasoning to remove this
monitoring effort. Despite Chemical Oxygen Demand being added to monitoring requirements,
the Service recommends retaining TTO requirements.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah
Reid of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project,please reference our Log Number 4-2-21-199.

Ms. Morman—DEQ 4
Sincerely,
J �� M I ZZ I Digitally signed by JANET MIZZI
Date:2021.04.28 10:3 9:53
-04'00'
Janet A. Mizzi
Field Supervisor