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