NCS000250_NCDOT Public Comments on Draft Permit_20220414

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
April 12, 2022
Jeanette Powell
Stormwater Program
NC Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 7699-1612
Via email to Ieanette.powellC�ncdenr.aov.
J. ERIC BOYETTE
SECRETARY
RE: Comments on the Draft NPDES Permit NCS000250 for the North Carolina
Department of Transportation, proposed issuance date 05/02/2022
Dear Ms. Powell,
North Carolina Department of Transportation (NCDOT) herein is providing comments on
the above referenced draft National Pollutant Discharge Elimination System (NPDES)
permit recently issued by the North Carolina Department of Environmental Quality
(NCDEQ), Division of Energy, Mineral, and Land Resources (NCDEMLR). The permit
authorizes discharges of stormwater from the North Carolina Department of
Transportation (NCDOT) Transportation Separate Storm Sewer System (TS4), borrow pit
wastewater, industrial and construction activities located statewide.
We respectfully request the opportunity to review and discuss these comments with
you prior to issuing the final permit. Please contact Andy McDaniel, PE, (919-707-6737)
and Jeremy Goodwin, PE, (919-707-2942) to discuss.
Sincerely,
Ronnie Keeter, PE
Chief Engineer
North Carolina Department of Transportation
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
CHIEF ENGINEER'S OFFICE
1536 MAIL SERVICE CENTER
RALEIGH, NC 27699-1536
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968
Website: ncdot.gov
Location
1 SOUTH WILMINGTON STREET
RALEIGH, NC 27601

Comments on NCS000250
April 12, 2022
Page 2 of 8
1. Reference: Part I Permit Coverage, Authorized Discharges, Subparagraph 1.1.4.
NCDOT Comment a: "Asphalt plants" is listed twice, under "non -roadway facilities" and
under "non -roadway industrial activities". NCDOT requests the listing under "non -
roadway facilities" be struck to eliminate the redundancy.
NCDOT Comment b: To avoid confusion with other North Carolina ports and to clarify
that NCDOT only owns and operates one shipyard, we recommend using the name
"NCDOT Mann's Harbor State Shipyard (boat repair activities)".
NCDOT Comment c: To be consistent with naming specific locations in this section, we
request using the name " NCDOT Railcar & Locomotive Maintenance Facility (railcar repair
activities)".
Requested Text:
• Non -roadway facilities with the following TS4 operations:
- Road and bridge maintenance
- Vehicle and equipment maintenance
- Pesticide and fertilizer storage
- Salt and deicing chemical storage
- Traffic services
- Material storage areas
- Ferry terminals and maintenance areas
- Rail maintenance
- Rest areas
- Administrative buildings
• Non -roadway industrial activities, including:
- NC Global Trans Park (airport activities)
- Asphalt plants owned and operated by NCDOT
- NCDOT Mann's Harbor State Shipyard (boat repair activities)
- NCDOT Railcar & Locomotive Maintenance Facility (railcar repair activities)
2. Reference: Part I Permit Coverage, Permitted TS4 Area, Section 1.2.
NCDOT Comment: NCDOT suggests minor wording updates and requests new language
to clarify that the permit covers both existing and new NCDOT owned and operated
assets.

Comments on NCS000250
April 12, 2022
Page 3 of 8
Requested Text:
Existing NCDOT owned and/or operated general roadway and railway drainage, construction and
borrow pit/waste pile activities, industrial facility drainage, and non -roadway non -industrial
facility drainage are covered under this permit. All new NCDOT owned and/or operated general
roadway and railway drainage, construction and borrow pit/waste pile activities, industrial facility
drainage, and non -roadway non -industrial facility drainage will receive automatic coverage under
this permit. NCDOT shall maintain a current inventory of all covered projects, sites, and facilities;
and shall provide the inventory to the Division upon request.
3. Reference: Part III TS4 Stormwater Management Plan, Public Education and Outreach Program,
Subparagraph 3.2.4.
NCDOT Comment: NCDOT suggests pluralizing "reporting mechanism", to clarify that it
will provide multiple resources for the public to report through.
Requested Text:
3.2.4 Maintain and promote reporting mechanisms for the travelling public to identify and
report littering, illicit discharges, illegal dumping.
4. Reference: Part III TS4 Stormwater Management Plan, Illicit Discharge Detection and Elimination
Program, Section 3.4 (Introductory paragraph and original Subparagraphs 3.4.3, 3.4.4, and 3.4.5).
NCDOT Comment a (introductory paragraph): NCDOT recommends the removal of the
language "aquatic trash" from the IDDEP section. USEPA's discussion of aquatic trash
reads that "garbage becomes aquatic trash" once it's in the receiving stream. NCDOT's
TS4 does not include the actual receiving stream, therefore NCDOT cannot reduce aquatic
trash, but can reduce the discharge of pollutants (which includes litter that might become
aquatic trash). NCDOT's Litter Management Program is dedicated to addressing litter
before it becomes aquatic trash, reflecting a more actionable terminology.
Additionally, NCDOT recommends that litter not be included in NCDOT's Illicit Discharge
Detection and Elimination (IDDE) Program, due to the nature of how the IDDE and Litter
Management Programs are structured. NCDOT operates its IDDEP separately from its
Litter Management Program. It could raise inefficiencies for both NCDOT and NCDEQ if
NCDOT reported each litter event to NCDEQ for enforcement. NCDOT does provide an
annual, summarized, litter report to NCDEQ under the Session Law 206-79.

Comments on NCS000250
April 12, 2022
Page 4 of 8
NCDOT Comment b (Subparagraphs 3.4.3 — 3.4.5): NCDOT suggests reorganizing these
subparagraphs to clarify the requirements of the program separate from the schedule of
the program. This clarification helps to avoid confusion regarding the geographic area to
be mapped. For instance, in Subparagraph 3.4.3, the first sentence could be interpreted
as setting an expectation that NCDOT shall map the TS4 along primary routes in both
Phase I & II MS4 areas within the permit term. However, NCDOT believes completing the
mapping Phase I and Phase 11 areas within the five-year permit term would be infeasible
given the level of effort required to establish an effective protocol for data collection and
management. Therefore, we request the requirements regarding a schedule for the
program be combined with other schedule -related text in Subparagraph 3.4.5.
Furthermore, the requested language will clarify that NCDOT will implement mapping
within the Phase I areas during this permit term and will expand the mapping to Phase II
areas upon completion of Phase I. However, Phase I and Phase II mapping may not be
completed within this permit term. A specific schedule for developing the mapping
protocol and initiating the mapping will be established in the TS4SMP.
Additionally, requirements in Subparagraph 3.4.4 could be interpreted as setting an
expectation that NCDOT shall map the T54 statewide. The word "statewide" is
unnecessary as it appears to conflict with Subparagraph 3.4.3. Additionally, this
subparagraph specifies 6 features that at a minimum should be included in the inventory
which conflicts with Subparagraph 3.4.3 which specifies 2 features (conveyances and
outfalls). NCDOT's suggested text combines all required features of the program into
Subparagraph 3.4.4, which eliminates inconsistencies between requirements.
Requested Text:
The TS4SMP shall identify the specific elements to develop and implement an Illicit Discharge
Detection and Elimination (IDDE) Program to reduce the discharge of pollutants,, —to surface
waters. At a minimum, the Permittee shall:
3.4.3 Develop and implement a program for mapping TS4 conveyances and outfalls associated
with primary routes which are located within MS4 permitted areas. The program, at a
minimum, shall include mapping of major outfalls and bridge outfalls discharging directly to
surface waters, and associated inlets, catch basins, conveyances, and flow directions.
3.4.4—The Permittee shall set forth in the TS4SMP a process and schedule for initiating the TS4
Mapping Program, beginning with the Phase I MS4 permitted areas.
3.4.5. If completion of TS4 mapping in Phase I MS4 permitted areas occurs within this permit term,
the Permittee shall initiate the process to map 4 Phase 11 MS4 permitted areas.

Comments on NCS000250
April 12, 2022
Page 5 of 8
5. Reference: Part III TS4 Stormwater Management Plan, Illicit Discharge Detection and Elimination
Program, Subparagraph 3.4.9.
NCDOT Comment: NCDOT requests added text to clarify that NCDOT can track records of
training at NCDOT-promoted training course events.
Requested Text:
3.4.9 Train NCDOT staff and contractors who, as part of their normal job responsibilities, may
observe an illicit discharge or illegal dumping. Training shall include how to identify,
report, and document illicit discharges and illegal dumping. Each NCDOT staff training
event shall be documented, including the agenda/materials, date, and staff participating.
Contractor training may include making training materials available to contractors and
integrating training requirements into NCDOT contracts. Contractor training may also
include NCDOT-promoted training course events. Each NCDOT-promoted contractor
training event shall be documented, including the agenda/materials, date and staff
participating.
6. Reference: Part III TS4 Stormwater Management Plan, BMP Retrofit Program, Subparagraph
3.6.1.d.
NCDOT Comment: NCDOT recommends adding language to clarify which drawings and
plans must be maintained.
Requested Text:
d) Maintain approved construction drawings and as -built plans consistent with the permit
requirement under 3.6.3(d) below for each structural retrofit established under this
permit.
7. Reference: Part III TS4 Stormwater Management Plan, Post -Construction Stormwater Program,
Subparagraph 3.6.3.d.
NCDOT Comment: NCDOT recommends adding text as shown below to define the first
use of an abbreviation.
Requested Text:
d) Define and implement a standard policy for preparing and maintaining structural
stormwater control measure (SCM) construction drawings and as -built plans on file.
8. Reference: Part III TS4 Stormwater Management Plan, SCM Inspection and Maintenance Program,
Subparagraph 3.7.4.

Comments on NCS000250
April 12, 2022
Page 6 of 8
NCDOT Comment: NCDOT recommends the replacement of text with an abbreviation
that has been previously defined.
Requested Text: The Permittee shall maintain and implement (SCM) Inspection and Maintenance
program to manage NCDOT owned, operated, and/or maintained SCMs.
9. Reference: Part III TS4 Stormwater Management Plan, Vegetation, Pesticide and Fertilizer
Management Program, Subparagraph 3.7.5.d.
NCDOT Comment: NCDOT recommends a text revision for consistency with other
requirements within the permit.
Requested Text: Maintain compliance with applicable Pesticide Applicator licensing
requirements.
10. Reference: Part III TS4 Stormwater Management Plan, Vehicle and Equipment Maintenance
Program, Subparagraph 3.7.6 (also impacts Facilities Operation and Maintenance Program,
Subparagraph 3.7.1.c).
NCDOT Comment: Subparagraph 3.7.6 requires a Vehicle and Equipment Maintenance
Program separate from the Facilities Operation and Maintenance Program required in
Subparagraph 3.7.1. Structuring these programs separately matches NCDOT's current
organizational structure well. However, Subparagraph 3.7.6 includes reference to
inspection of facilities and Stormwater Pollution Prevention Plans (SPPPs) that are not
applicable to vehicles and equipment. However, SPPPs are applicable to facilities, which
are covered under Subparagraph 3.7.1, and are already included in that Subparagraph.
Therefore, NCDOT requests the removal of references to facilities and SPPPs from 3.7.6
since this language is applicable to 3.7.1. Additionally, NCDOT requests "spill response
and preventative maintenance" be added to annual staff trainings requirements at 3.7.1.c
for a more complete description of the training under Subparagraph 3.7.1.
Requested Text:
3.7.1 c) Provide annual staff training for facility staff on general stormwater awareness,
implementing pollution prevention and good housekeeping practices, spill response,
preventative maintenance, and identifying and reporting illicit discharges and illegal
dumping.
3.7.6 b) Perform inspections of; vehicles and equipment, and —establish specific frequencies,
schedules, and documentation.
3.7.6 c) Provide training to staff on stormwater pollution prevention, spill response, and
preventative maintenance?

Comments on NCS000250
April 12, 2022
Page 7 of 8
Reference: Part III TS4 Stormwater Management Plan, Litter Management Program,
Subparagraph 3.7.7.
NCDOT Comment a: As noted in Comment 4 above, aquatic trash occurs once litter has
reached the receiving stream. NCDOT can minimize litter within its TS4 to avoid the
creation of aquatic trash. Therefore, it's requested that "aquatic trash" be replaced with
"litter".
NCDOT Comment b: The term "routine year-round" is not widely used in NPDES
permitting and does not define a frequency. Also, this text conflicts with the second part
of the sentence to establish "removal frequencies and schedules".
Requested Text:
3.7.7 The Permittee shall maintain a Litter Management Program to prevent and minimize litter
from NCDOT right-of-way. The Permittee shall:
b) Establish and implement standard processes for FOutine yeaF FOURGI litter inspections
and removal, including identification of high priority areas, specific inspection and
removal frequencies, schedules, and documentation.
11. Reference: Part III TS4 Stormwater Management Plan, Total Maximum Daily Load Program,
Section 3.8.
NCDOT Comment: NCDOT recommends reformatting and adding an introductory
sentence to the beginning of this section to stay consistent with other programs in the
permit (i.e.the introductory sentences in Sections 3.5, 3.6, and 3.7). Minor grammar
updates are recommended to compliment the introductory formatting.
Requested Text:
3.8 Total Maximum Daily Load Program
The Permittee shall develop and implement a Total Maximum Daily Loads (TMDLs) Program. At
a minimum, the Permittee shall:
3.8.1 For EPA -approved TMDLs4 that specifically name the Permittee as a significant contributor
and assigns a unique WLA to the Permittee that is separate from other sources, develop
and implement water quality improvement strategies.
3.8.2 For approved TMDLs that have no EPA -approved WLA which specifically assigns a unique
WLA to the Permittee, evaluate strategies and tailor and/or expand BMPs within the
scope of this permit to reduce the TMDL pollutant(s) of concern in the named

Comments on NCS000250
April 12, 2022
Page 8 of 8
watershed(s) to the maximum extent practicable. The Permittee shall describe any
strategies and tailored and/or expanded measures in the TS4SMP.
12. Reference: Part III TS4 Stormwater Management Plan, Research Program, Section 3.9.
NCDOT Comment: NCDOT recommends reformatting and adding an introductory
sentence to the beginning of this section to stay consistent with other programs in the
permit (Le the introductory sentences in Sections 3.5, 3.6, and 3.7). Minor grammar
updates are recommended to compliment the introductory formatting.
Requested Text:
3.9: Research Program
The Permittee shall implement a Research Program. At a minimum, the Permittee shall:
3.9.1 Implement a Research Program to facilitate research to enhance or improve existing
practices or develop new methods or processes to meet TS4 permit requirements.
3.9.2 Conduct research with faculty and staff at state universities or other independent
institutions that result in impartial quantitative assessment of stormwater from NCDOT
permitted activities and/or measure structural BMP effectiveness.
13. Reference: Global comment, throughout document.
NCDOT Comment: NCDOT suggests that "permittee" be capitalized throughout the
document, to match other instances. NCDOT requests this change be made in the
following locations:
• Paragraph 3.6 (two times)
• Subparagraph 3.6.2 a, c, and d
• Subparagraph 3.7.4

Comments on NCS000250
April 12, 2022
Page 9 of 8
Requested Text:
• Paragraph 3.6 (1't instance): The Permittee shall implement post -construction controls...
• Paragraph 3.6 (2"d instance): At a minimum, the Permittee shall maintain and implement the
following programs.
• Subparagraph 3.6.2a: The Permittee shall maintain and implement the April 2014 NCDOT
Stormwater BMP Toolbox...
• Subparagraph 3.6.2c: The Permittee shall review, and update if appropriate, the NCDOT
Stormwater BMP Toolbox...
• Subparagraph 3.6.2d: The Permittee shall obtain Division approval of any proposed revisions
to the NCDOT Stormwater BMP Toolbox prior to implementation.
• Subparagraph 3.7.4: The Permittee shall: a) Maintain a current inventory of SCMs.