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HomeMy WebLinkAboutNC0089958_Draft Permit_20211012ROY COOPER Governor ELIZABETH BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Enlrfronmerttat Qualify October 12, 2021 Barry James, Owner - Construction Project Manager TGACSE Central Square, LLC c/o Crosland Southeast 201 South College Street, Suite 1300 Charlotte, North Carolina 27312-0910 Subject: Review of Draft NPDES Permit NC0089958 NCDEQ Brownfields Project 24002-20-060 Central Square Excavation and Structure Dewatering Physical/Chemical WPCS Grade PCNC at Central Ave and Pecan Ave, Charlotte Mecklenburg County Mr. James: The Division of Water Resources (DWR or the Division) received your application on May 24, 2021 and has approved your proposed discharge at the subject site. Please review the attached draft permit carefully to ensure your understanding of its limits and monitoring conditions, and to correct errors, if any. This five-year permit covers dewatering treatment for both temporary excavations below the groundwater table and permanent dewatering of structure(s) long term. After construction, please advise DWR if the proposed treatment system requires significant alteration for permanent dewatering insulation(s) [see Supplement to Permit Cover Sheet]. Note that monitoring of some parameters of concern (POCs) are subject to change. You may petition the Division to reevaluate an analyte and its monitoring frequency, as future data may warrant [see Footnote 5, Section (A. (1.)]. We will require effluent analyses initially for metals, VOCs and Semi-VOCs considering: 1. the limits of site -assessment data only — no treated effluent, 2. a site historically classified as a Brownfields, 3. unpredictable chemical nature of excavation dewatering, 4. the probability of influent contaminants not previously detected [application EAA, 1.B, 0000]. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Mecklenburg County area, as required by the NPDES Program. Please submit your written comments (if any), to the �D/1 North Carolina Department of Environmental Quality I Division of Water Resources VQ 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 -- 919.707.3616 Barry James, Construction Project Manager Draft Permit Review October 2021 undersigned, NCDEQ / DWR / NPDES no later than November 15, 2021 (approximately 30 days after receiving this document). We welcome your written comments, but they are not mandatory. Please be advised that the receiving stream, Little Sugar Creek, is listed as impaired for fish consumption and water -column mercury and for copper on the North Carolina 2018 303(d) Impaired Waters List. Addressing impaired waters is a Division priority as we continue to evaluate instream data. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, DWR will require mitigative measures. The NPDES standard conditions (Parts II, III, and IV), are part of this permit but are not included in this draft document (cover, map, and Part I). The latest version of Parts II, III, and IV are available at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file. Following the mandatory 45-day Public Comment period, the Division will review all pertinent comments, if any, and take appropriate action prior to issuing an NPDES permit final. If you have questions, please email the undersigned at [joe.corporon@ncdenr.gov]. In support of mandated emergency response to Covid 19, most of NC state government currently functions remotely, therefore correspondence via email is preferred. Respectfully, Jo . Corpo on, P. . D Q / DW / NPDES Permitting Enclosure: NPDES Permit NC0089958 (new permit draft) ec: DWR/NPDES Program Files Laserfiche DWR/OCU, Maureen Kinney DWR/MRO, Cory Basinger, Ed Watson, Wes Bell ATB, Cindy Moore, Zachary Thomas Joseph Nestor, P.G., P.E. [jnestor@ecslimited.com] Roger Smith, P.G. [rsmith3@ecslimited.com] NPDES Permit NC0089958 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, TGAC S E Central Square, LLP is hereby authorized to discharge wastewater from facilities described as Central Square — Excavation and Structure Dewatering at Central Ave and Pecan Ave, Charlotte Mecklenburg County to a receiving waterbody designated as an unnamed tributary (UT) to Little Sugar Creek within the Catawba River Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective , 2021. This permit and the authorization to discharge shall expire at midnight on November 1, 2026. Signed this day , 2021. for S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 NPDES Permit NC0089958 SUPPLEMENT TO PERMIT COVER SHEET [new NPDES Permit — no previous permit] TGACSE Central Square, LLP is hereby authorized to: 1. construct and operate a surface -water pollution prevention system in support of construction excavation dewatering and subsequent permanent dewatering of structures installed below the groundwater table, this proposed system consisting of, but not limited to • one (1) 18,000-gallon frac tank • one (1) 1,000-gallon surging tank [w/ injector for CO2 gas to adjust pH, as needed, and a recirculating pump [as needed <14,000 GPD] • two (2) each particle filters [in parallel] • two (2) each 1000-pound activated carbon vessels [operated in parallel or series] with sample ports (fore and aft) to establish contaminant breakthrough • appurtenant piping, instrumentation, and valving • discharge line to stormsewer inlet • sample port and totalizing flow meter these treatment facilities located at the proposed Central Square — Excavation and Dewatering project at Central Ave and Pecan Ave, Charlotte, Mecklenburg County, and 2. upon completion of construction, recommend to DWR Regional Office and to Central Office, alterations to this system (if any) for a permanent dewatering system for structure(s), as may be needed to comply with this permit, then continue to 3. discharge from said treatment works via stormsewer Outfall 001, located on the attached map, into an unnamed tributary (UT) to Little Sugar Creek [Stream index 11-137-8(a)], a waterbody currently classified C waters within hydrological unit 03-08-34 [HUC: 03050103] of the Catawba River Basin. Page 2 of 7 NPDES Permit NC0089958 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.; Physical/Chemical WPCS Grade PCNC [15A NCAC 08G .0302] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge via Outfall 001. Such discharges shall be limited, monitored 1 and reported 2 by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Code] LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow (MGD) 50050 0.050 Continuous Recording Effluent pH [Standard Units] 00400 Not < 6.0 or > 9.0 s. u. Monthly Grab Effluent Chloroform (µg/L) 34316 Monthly Grab Effluent Total Hardness (mg/L) [CaCO3 or Ca + Mg] 00900 Monthly Grab Effluent Whole Effluent Toxicity -Acute 3 TGE6C Monthly Grab Effluent Organics, Total Purgeable (VOCs) (EPA Method 624) (µg/L) 4, 5 76029 Monthly Grab Effluent Base Neutrals & Acids (Semi-VOCs) (EPA Method 625) (µg/L) 4, 5 76028 Monthly Grab Effluent Total PAHs 5 (µg/L) (EPA Method 8270D) C0456 2/Month Grab Effluent BTEX 5 (µg/L) 34030 2/Month Grab Effluent Total Selenium 5 01147 2/Month Grab Effluent Total Arsenic (µg/L) 5 01002 2/Month Grab Effluent Total Barium (µg/L) 5 01007 2/Month Grab Effluent Total Cadmium (µg/L) 5 01027 2/Month Grab Effluent Total Chromium (µg/L) 5 01034 2/Month Grab Effluent Total Mercury (µg/L) 5 COMER 2/Month Grab Effluent Total Copper (µg/L) 5 01042 2/Month Grab Effluent Total Lead (µg/L) 5 01051 2/Month Grab Effluent Total Zinc (µg/L) 5 01092 2/Month Grab Effluent Total Nickel (µg/L) 5 01067 2/Month Grab Effluent Footnotes: 1. As may be adjusted later for permanent dewatering treatment, the Permittee shall maintain sampling logs onsite available for DWR inspection for the duration of this permit, to include laboratory analyses of internal sampling conducted to evaluate treatment system performance, and to verify treatment -component contaminant breakthrough of final carbon filters. 2. Beginning on the effective date of this permit, the Permittee shall submit monthly Discharge Monitoring Reports (DMRs) electronically using the Division's eDMR application system [see Condition A. (3.)]. 3. Whole Effluent Toxicity (WET) Test, Monthly, Acute, 24-hour static test, Pass/Fail is required using species Fathead Minnow (Pimephales promelas) [see A. (2.)]. Page 3 of 7 NPDES Permit NC0089958 4. EPA 624/625 -- For eDMR reporting, the Permittee shall enter "1" [Yes (Y) =1] if detected, and "0" [NO (N) = 0] if not detected. The Permittee shall further report parameters detected in the "Comments" section by listing the compound and its reported concentration. Laboratory reports shall be kept on file in accordance with records retention requirements, Part II, Section D.6. 5. After securing a minimum of twelve (12) samples [collected no more frequently than 2/month], the Permittee may petition the Division to reevaluate an analyte and its monitoring frequency, as data may warrant. Reevaluation and permit modification will not require additional Public Notice. A. (2.) ACUTE TOXICITY — PASS/FAIL LIMITED (Monthly) [NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests Monthly using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010 or subsequent versions). Monitoring shall be performed using Fathead Minnow (Pimephales promelas) 24-hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as "treatment two" in the procedure document). Effluent sampling for this testing must be obtained during a representative effluent discharge. Sampling shall be performed at the NPDES- permitted final effluent discharge below all treatment processes. Should any single monthly monitoring indicate a failure to meet specified limits, the Permittee shall immediately contact the Aquatic Toxicology Branch, attention Zachary T. Thomas [zachary.thomas@ncdenr.gov]; and monitoring shall begin on each subsequent discharge until a single test is passed. Upon passing, this test requirement shall revert again to Monthly monitoring. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR Form AT-2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three-month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Page 4 of 7 NPDES Permit NC0089958 Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3.) ELECTRONIC REPORTING - DISCHARGE 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 II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. The eDMR system may be accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr. If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 See "How to Request a Waiver from Electronic Reporting" section below. Page 5 of 7 NPDES Permit NC0089958 Monitoring results obtained during the previous month(s) shall be summarized for each month and reported via the eDMR system no later than the last calendar day of the month following the completed reporting period. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2025, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015- 24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such 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: Page 6 of 7 NPDES Permit NC0089958 http://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(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://deq.nc.gov/about/divisions/water-resources/edmr Certification. 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: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.)1 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 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 7 Outfall 001 N 35° 13' 30.41" W 80° 49' 15.17" ECS Southeast, LLP Excavation & Structure Dewatering State Grid/Quad: G15 NE / Charlotte East 10-Digit HUC: 0305010303 Receiving Stream: Little Sugar Creek Stream Class: C Drainage Basin: Catawba River Basin Sub -Basin: 03-08-34 Stream Segment: 11-137-8a Facility Location not to scale *11PF North NPDES Permit NC0089958 Mecklenburg County