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HomeMy WebLinkAboutNCS000250_NCDOT_Response to Public Comments_20220426Response to Public Comments NCDOT Draft Permit NCS000250 April 26, 2022 1 The North Carolina Department of Transportation (NCDOT) draft permit number NCS000250 was published in the North Carolina State Register for public comment on March 15, 2022. The only comments received were from NCDOT on April 14, 2022. The comments are summarized below, with a DEMLR response provided for each comment. 1. Part I Permit Coverage, Authorized Discharges, Subparagraph 1.1.4. 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. Response: Asphalt plants are a regulated industrial activity, so the redundant listing under “non-roadway facilities with the following TS4 operations” has been deleted. This leaves the listing under “non-roadway industrial activities”. This category denotes types of facilities which are subject to NPDES industrial stormwater permitting requirements. 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)". Response: This change has been made as requested. c. To be consistent with naming specific locations in this section, we request using the name" NCDOT Railcar & locomotive Maintenance Facility (railcar repair activities)". Response: This change has been made as “NCDOT Railcar & Locomotive Maintenance Facilities” which will automatically incorporate new facilities such as the one planned in Charlotte. 2. Part I Permit Coverage, Permitted TS4 Area, Section 1.2. a. NCDOT suggests minor wording updates and requests new language to clarify that the permit covers both existing and new NCDOT owned and operated assets: 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. Response: The language has been updated to clarify that new and existing activities are covered and that new activities will receive automatic coverage under this permit. 3. Part Ill TS4 Stormwater Management Plan, Public Education and Outreach Program, Subparagraph 3.2.4. Response to Public Comments NCDOT Draft Permit NCS000250 April 26, 2022 2 a. NCDOT suggests pluralizing "reporting mechanism", to clarify that it will provide multiple resources for the public to report through. Response: This change has been made as requested. 4. Part Ill 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). a. 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. Response: This change has been made as requested, with litter now solely being addressed in 3.7.7. b. {Subparagraphs 3.4.3 - 3.4.S) 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 II 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 TS4 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 Response to Public Comments NCDOT Draft Permit NCS000250 April 26, 2022 3 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: Response: This change has been made as requested, with litter now solely being addressed in 3.7.7. Requested text: Develop and implement a program for mapping TS4 conveyances and outfalls associated with primary routes which are located within Phase I 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. Response: This change has been made as requested, with the additional clarification of Phase I MS4 permitted areas noted above. Requested text: The Permittee shall set forth in modify the TS4SMP to include a process and schedule for initiating the TS4 Mapping Program, beginning with the Phase I MS4 permitted areas. Response: This change has been made as requested, with the additional clarification as noted above. Requested text: 3.4.5. If completion ofTS4 mapping in Phase I MS4 permitted areas occurs within this permit term, the Permittee shall initiate the process to map t Phase II MS4 permitted areas. Response: References to Phase II mapping have been removed from this permit. Please note that TS4 mapping in Phase II MS4 permitted areas will be included in the next permit. 5. Part Ill TS4 Stormwater Management Plan, Illicit Discharge Detection and Elimination Program, Subparagraph 3.4.9. a. NCDOT requests added text to clarify that NCDOT can track records of training at NCDOT- promoted training course events: 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. Response to Public Comments NCDOT Draft Permit NCS000250 April 26, 2022 4 Response: The requirement of 3.4.9 is to train staff and contractors, and document the training that occurred. MS4 permits do not need to incorporate guidance on implementation. The foundation of the MS4 program is to allow the Permittee to develop a plan to comply with the permit utilizing the best means for the Permittee. This paragraph has been updated to clarify the specific requirement, and NCDOT may determine how to best implement the requirement by documenting the protocol in the TS4SMP. See changes noted above. 6. Part Ill TS4 Stormwater Management Plan, BMP Retrofit Program, Subparagraph 3.6.1.d. a. NCDOT recommends adding language to clarify which drawings and plans must be maintained: 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. Response: This change has been made as requested. 7. Part Ill TS4 Stormwater Management Plan, Post-Construction Stormwater Program, Subparagraph 3.6.3.d. a. NCDOT recommends adding text as shown below to define the first use of an abbreviation: Define and implement a standard policy for preparing and maintaining structural stormwater control measure (SCM) construction drawings and as-built plans on file. Response: This change has been made as requested. 8. Part Ill TS4 Stormwater Management Plan, SCM Inspection and Maintenance Program, Subparagraph 3.7.4. a. NCDOT recommends the replacement of text with an abbreviation that has been previously defined: The Permittee shall maintain and implement (SCM) Inspection and Maintenance program to manage NCDOT owned, operated, and/or maintained SCMs. Response: This change has been made as requested. 9. Part Ill TS4 Stormwater Management Plan, Vegetation, Pesticide and Fertilizer Management Program, Subparagraph 3.7.5.d. a. NCDOT recommends a text revision for consistency with other requirements within the permit: Maintain compliance with applicable Pesticide Applicator licensing requirements. Response to Public Comments NCDOT Draft Permit NCS000250 April 26, 2022 5 Response: This change has been made as requested. 10. Part Ill 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). a. 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.l.c for a more complete description of the training under Subparagraph 3.7.1. Requested text: 3.7.1c) 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. Response: This change has been made as requested. b. Perform routine inspections of, vehicles and equipment, and-establish specific frequencies, schedules, and documentation for inspections, and re-inspections when issues are identified. Response: DEQ has declined this change. Routine inspection of these facilities is a key component of stormwater pollution prevention and ensuring good housekeeping procedures are implemented. The inclusion of facility inspections is in lieu of NCG080000 requirements for stormwater point source discharges from like industrial activities, as deemed to be similar by DEMLR. c. Provide training to staff on stormwater pollution prevention, spill response, and preventative maintenance. Response: DEQ has declined this change as duplicative of the changes made to 3.7.1.c, as requested above. 11. Part Ill TS4 Stormwater Management Plan, Litter Management Program, Subparagraph 3.7.7. 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". Response to Public Comments NCDOT Draft Permit NCS000250 April 26, 2022 6 Response: The term “aquatic trash” has been replaced with “discharge of litter.” 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: 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 routine litter inspections and removal, including identification of high priority areas, specific inspection and removal frequencies, schedules, and documentation. Response: While “year-round” is not commonly utilized in NPDES permits, it is common to see language specifying seasons, periods of a year and/or specific frequencies. The intent is to establish clear, specific and measurable goals. As such, this paragraph has been updated to: Establish and implement standard processes and documentation for routine litter inspections and removal, performed at a minimum of quarterly, and including identification of high priority areas that will receive more frequent inspections, removal and/or BMPs. 12. Part Ill TS4 Stormwater Management Plan, Total Maximum Daily Load Program, Section 3.8. a. 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. Response: This change has been made as requested. 13. Part Ill TS4 Stormwater Management Plan, Research Program, Section 3.9. a. 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. Response: This change has been made as requested. 14. Global comment, throughout document. a. NCDOT suggests that "permittee" be capitalized throughout the document, to match other instances. Response: This change has been made as requested.