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HomeMy WebLinkAboutNC0073181_Permit Issuance_20170630Water Resources ENVIRONMENTAL QUALITY June 30, 2017 Mr. Troy Sturtz, Terminal Manager Kinder Morgan 1710 Woodbine Street Wilmington, NC 28401 ROY COOPER Governor MICHAEL S. REGAN Secremly S. JAY ZIMMERMAN DhYc w Subject: NPDES PERMIT ISSUANCE NPDES Permit NCO073181 Wilmington River Road Terminal Class PC-1 New Hanover County Dear Mr. Sturtz: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: ➢ Section A. (5) has been updated to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). ➢ Regulatory citations have been added to the permit. ➢ The owner has been changed from Kinder Morgan Operating LP "C" to Kinder Morgan Terminals Wilmington LLC. ➢ The oil and grease parameter text in Section A. (1) has been updated. ➢ Language in footnotes in Section A. (1) have been updated. ➢ Updated hydrostatic tank testing footnote in A. (1) (benzene concentration was changed to 51 ug/1; toluene concentration was changed to 370 ug/1). ➢ A monthly average TSS limit has been added in Section A. (1). ➢ Turbidity monitoring and limits have been added in Section A. (1). ➢ The TSS parameter code has been updated from 00530 to C0530 in Section A. (1). ➢ Section A. (4) has been added for flow measurement rational. ➢ The acute toxicity monitoring test and associated footnote in Section A. (1), and the associated language in Section A. (2), has been updated from Fathead Minnow (TAE6C) to Mysid Shrimp (TGE3E), as the facility discharges to saltwater. ➢ An updated outfall map is included. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https:lldeq.nc.govlaboutldivisionslwater-resourceslwater-resources-permitslwastewater-branchlnpdes-wastewater-permits Mr. Troy Sturtz NC0073181 Renewal p. 2 The final permit includes the following significant changes from the draft permit: ➢ Stream characteristics have been added in the Supplement to Permit Cover Sheet. ➢ A monthly average limit has been added for Oil and Grease monitoring, as the U.S. EPA requires both a daily maximum and monthly average. ➢ A footnote has been added for EPA Method 624 and EPA Method 625 concerning eDMR reporting. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions or need additional information, please do not hesitate to contact Brianna Young of my staff at (919) 807-6333, or via e-mail [brianna.young@ncdenr.gov]. Sine ely, S. Jay Zimmerman,;P.. cc: NPDES Files Central Files Wilmington Regional Office ec: Margaret Sembos[Margaret_Sembos@kindermorgan.com] Permit NCO073181 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, Kinder Morgan Terminals Wilmington LLC is hereby authorized to discharge wastewater from outfalls located at the Wilmington River Road Terminal 3340 River Road Wilmington New Hanover County to receiving waters designated as an unnamed tributary to the Cape Fear River within the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 2017. This permit and authorization to discharge shall expire at midnight on December 31, 2021. Signed this day June 30, 2017. /�".00' S y Zimmerman, P.G. -- Director, Division of Water Resources By Authority of the Environmental Management Page 1 of 9 Permit NCO073181 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Kinder Morgan Terminals Wilmington LLC is hereby authorized to: 1. Continue discharge stormwater from an existing Surface -Water Pollution Control System consisting of: • Oil / water separator(s) • Waste holding tank(s) • Wastewater holding pond. The facility is located at the Wilmington River Road Terminal (3340 River Road, Wilmington) in New Hanover County. 2. Discharge from said treatment facility via Outfall 001 at a specified location (see attached map) into an unnamed tributary to the Cape Fear River [Stream Segment: 18-(71)], a waterbody currently classified as SC (PNA) waters within subbasin 03-06-17 [HUC: 03030005051 the Cape Fear River Basin. Page 2 of 9 Permit NCO073181 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: ;IONIOR�1EQl��iEt EI 'TS' , r ` s 1 w =a- -? - - "- - o ,< r .1._ .r'.. ..-3-s _. • - i _ .tS-i:a. 1 .c Diw=w+. y ! I �Rres, ,f h" Dafl #S_i,; ..�7��.'/:� r/ ..!_ 1V[easttr h'tk �..7, -, w E, =. t MyL °`am e r rt T�t j pq �',t,� 3 r wL�� 4 7 . A::r:i '�.� �. R.F.".(..{. 1.' .� Z..r p�l� ., Ve Y. 1. > ..�v.. fiA�y.�{u .�!�„� .S: L/�.% �' a enV. a.rs.+Zr..i _ - .i�a...e.._ .�.i- S 1�,`.5. Flow (MGD) [50050] Monthly Calculated 3 Effluent Oil and Grease 4 US EPA Method 1664 [00556] 30.0 mg/L 45.0 mg/L Monthly Grab Effluent SGT-HEM Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L Monthly Grab Effluent EPA Method 6245 [76029] Semi-annually Grab Effluent EPA Method 6255 [76028] Semi-annually Grab Effluent Methanol [77885] Annually Grab Effluent Turbidity 6 [00070] 25 NTU 25 NTU Monthly Grab Effluent Acute Toxicity' FGE3Ej Annually Grab Effluent Footnotes: 1. The permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (5)]. 2. All samples shall be taken at the discharge of the pump station. 3. Flow shall be monitored with each discharge event - During periods of no flow, the Permittee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge". Flow may be monitored using any one of four methods: a) measure flow continuously; b) calculate flow (see Rational Equation below) based on total rainfall per unit area draining to the outfall; exclude built -upon areas (best method for facilities with large runoff -collection ponds); c) estimate flow at 20-minute intervals during the entire discharge event; or d) report flow based on discharge pump logs. 4. Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. 5. For the eDMR application system, any detections shall be reported by entering "1" [Yes (Y) =1] and no detection shall be reported by entering "0" [No (l) = 0]. Any detections for Total Purgeables Organics (EPA Method 624) or Base Neutrals & Acids (EPA Method 625) shall be noted in the comments section to include the compound detected and reported concentration. Laboratory reports shall be kept on file in accordance with records retention requirements found in Part H. Section D. 6. Page 8 of 9 Permit NCO073181 6. Turbidity — Effluent turbidity shall not cause receiving -stream turbidity to exceed 25 NTU. If background turbidity naturally exceeds 25 NTU, the effluent shall not cause background turbidity to increase. Any discharge exceeding this permit limit will require sufficient instream sampling (upstream and/or downstream) to verify compliance (effluent vs. background). [NCAC 02B. 0211(21)] 7. If Acute WET -test fails [TGE3E], Mysid Shrimp (Mysidopsis bahia), the Permittee shall test each subsequent discharge event until testing indicates "pass," after which Quarterly monitoring shall resume in accord with Section A. (2). If after a subsequent five (5) consecutive Quarterly events, WET results demonstrate no toxicity (i.e., "pass"), the Permittee may petition the Division to relax monitoring, as data may warrant. WET -test samples shall be collected concurrently with other POC samples, as appropriate to monitoring frequencies. There shall be no discharge of floating solids or foam visible in other than trace amounts. Direct discharge of tank solids, tank bottom water, or the rag layer is not permitted. Hydrostatic Tank Testing: The Permittee shall discharge no "tank solids," no "tank bottom - water," no "tank rag -layer" or tank/piping test contents unless Benzene is reported less than 51 µg/L and Toluene concentration is less than 370 µg/L. A. (2) ACUTE TOXICITY PASS/FAIL LIMIT (QUARTERLY) [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis 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). The monitoring shall be performed as a Mysid Shrimp (Mysidopsis bahia) 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). The tests will be performed during the months of January, April, July and October. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Should any single quarterly monitoring indicate a failure to meet specified limits, 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. 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 TGE3E. Additionally, DWR Form AT-2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Page 4of9 Permit NCO073181 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 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) PERMIT RE -OPENER: TMDL IMPLEMENTATION [G.S. 143-215.1(b)] The Division may, upon written notification to the Permittee, re -open this Permit in order to incorporate or modify effluent limitations, monitoring and reporting requirements and other permit conditions when it deems such action is necessary to implement TMDL(s) approved by the U.S. EPA. Page 5of9 Permit NCO073181 A. (4) FLOW MEASUREMENT RATIONAL [G.S. 143-215.1(b)] The Rational Method - Determination of Peak Runoff: [REF: FHWA Urban Drainage Design Manual, 3.2.2. Rational Method (3-1)] Q=KuCIA, where: Q = flow (peak flow rate in cfs or m3/sec) Ku = unit conversation factor = 1.008 for U.S. standard units (usually ignored because it is so close to 1), or 0.278 for metric units C = dimensionless runoff coefficient for the watershed, loosely defined as the ratio of runoff to rainfall I = intensity of rainfall [taken from the intensity -duration - frequency curves for the specified design return period at the time of concentration, tc (in/h or mm/h). tc = time of concentration (time after beginning rainfall excess when all portions of the drainage basin are contributing simultaneously to outlet flow). A = area of tributary watershed (acres or km2) The rational equation is used to calculate the runoff from a region, given: • the runoff coefficient (accounts for infiltration losses in the region), • the rainfall intensity to the region, • the time for runoff to travel from the region's upper reaches to its outlet, and • the region's drainage area. A. (5) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 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 Page 6 of 9 Permit NCO073181 • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (01 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. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR 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 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 mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. 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, 2020, 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 Page 7 of 9 Permit NCO073181 In accordance with 40 CFR 122.410)(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: httD://www2.eRa.g2v/compliance/final-national pollutant discharge elimination s, stem nudes -electronic -reporting -rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 11 3. How to Reauest 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: httD://deq.nc.gov/about/divisions/water-resources/edmr 4. Si_anatory Requirements ISunplements Section B. (11.) (b) and Supersedes Section B. (11.) Ml 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: Page 8of9 Permit NCO073181 httiD://deu.nc.aov/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 r8upplements Section 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 9 of 9 Kinder Morgan Terminals Wilmington LLC Wilmington River Road Terminal NPDES Permit NCO073181 Receiving Stream: Cape Fear River Stream Class: SC (PNA) Stream Segment: 18-(71) Sub -Basin N: 03-06-17 River Basin: Cape Fear HUC: 0303000505 County: New Hanover N A SCALE 1:24,000 Err 1��2I�L�tjC►`1 Facility Location OrriEi, �rrsczile not shown 'L�� 34.178610,-78.954440 FACT SHEET COMPLEX EXPEDITED - PERMIT RENEWAL Permit Writer/Date Brianna Young/ 6-23-17 Permit Number NCO073181 Facility Name Wilmington River Road Terminal — Class PC-1 Basin Name/Sub-basin number Cape Fear / 03-06-17 0303000505 Receiving Stream UT to Cape Fear River Stream Classification in Permit SC Does permit need Daily Max NH3 limits? No Does permit need TRC limits/language? No Does permit have toxicity testing? Yes Does permit have Special Conditions? Yes — Permit reo ener for TMDL Implementation Does permit have instream monitoring? No Is the stream impaired on 303 d list)? No Any obvious compliance concerns? No Any permit mods since lastpermit? Owner changed Current expiration date December 31, 2016 New expiration date December 31, 2021 Comments received on Draft Permit? Margaret Sembos for permittee stated they have no comments on River Road Terminal Chances from previous permit: • Owner changed from Kinder Morgan Operating LP "C" to Kinder Morgan Terminals Wilmington LLC • Section A(5) updated with new eDMR language • Updated oil and grease parameter text in A(1) • Monthly average limit for oil and grease not in previous permit; could not add per 2016 oil terminal guidance — Added per EPA (see changes from draft to final below) • Updated flow and acute toxicity footnotes in effluent table in A(1) per 2016 oil terminal guidance • Added monthly TSS average of 30.0 mg/L per strategy • Added flow measurement rational per strategy • Turbidity monthly avg and daily max limits of 25 NTU added per 2016 oil terminal guidance • Benzene and toluene monitoring removed from 2002 permit as they were not detected in any of the sampling events; 2002 fact sheet states that benzene, toluene, and other possible components present in the storage tanks will be monitored through the EPA 624/625 • Ethylbeneze, xylene, naphthalene, MTBE, and total recoverable phenolics never present in permit history; assume these items are not stored on site o Per Joe from final issuance review: Monitoring for these is covered by 624/625 • Updated tank solids, tank bottom water, and rag layer table footnote in A(1) per 2016 oil terminal guidance 0 • Updated hydrostatic tank testing footnote in A(1) per 2016 oil terminal guidance (benzene concentration changed from 71.4 ug/I to 51 ug/I; toluene concentration changed from 11 to 370 ug/1) • Updated outfall map • TSS parameter code updated from 00530 to C0530 • Updated acute toxicity monitoring test in Section A(1) from Fathead Minnow (TAE6C) to Mysid Shrimp (TGE3E) per 2012 tox memo as the facility discharges into saltwater • Updated acute toxicity monitoring test in Section A(2) from annual Fathead Minnow to quarterly Mysid Shrimp to correspond with tox footnote in A(1) Chances from draft to final: • Added stream characteristics to Permit Supplement to Cover Sheet • Monthly average limit added for Oil and Grease, as monthly average and daily max both required by EPA • Added footnote for EPA Method 624 and EPA Method 625 concerning eDMR reporting DMR Report Violations — No violations between August 2012 and February 2017 Facility has no discharges during past 4.5 years Reporting suspension effective May 2012 — no data reported in BIMS search from August 2012 through March 2017; No data in DMR physical files from central files TOX Testing Summary — only reported testing in 2012 and 2013; two "H" Young, Brianna A From: Sembos, Margaret <Margaret_Sembos@kindermorgan.com> Sent: Thursday, May 25, 2017 10:10 AM To: Young, Brianna A Cc: Hunkele, Dean; Gregson, Jim; Alexander, Michael; Sturtz, Troy; Sembos, Margaret Subject: Kinder Morgan Woodbine NPDES Draft Permit NC0073172 Comment Letter Attachments: KM Woodbine_NC0073172_Comment Letter.pdf Hello Brianna. In reference to the Agency's cover letter dated May 3, 2017, that enclosed the Wilmington Woodbine Street Terminal Draft NPDES Permit NC0073172 and requested comments on the draft permit within 30 days, please see attached the comment letter hereby provided by Woodbine Street Terminal. The hardcopy will be mailed today to both you and Jim. I appreciate you speaking with me the other day regarding the comment and look forward to working with you to address it. It should be noted that we do not have any comments regarding River Road Terminal Draft NPDES Permit NC0073181. Please let us know if you have any questions about the comment letter. Thank you, Margaret Sembos KINDER./ MORGAN Kinder Morgan Terminals Sr. EHS Specialist 1500 Greenleaf Street Charleston, SC 29405 (0) 843-853-0453 ext 2263 (M)843-609-9464 Southeast Region Do The Right Thing Every Day! OUR CORE PRINCIPLES 1. Safety Will Not be Compromised 2. Environmentally Compliant and Responsible Operator 3. Ethics and Integrity 4. Commitment to Employees and Resources 5. Customer Service and Fiscal Responsibility 6. Quality Focus AFFIDAVIT OF PUBLICATION STATE OF NORTH CA.ROLINA COUNTY OF NEW HANOVER or „ Mail Service center Before the undersigned, a Notary Public of Said County and State, INC 27699-1617 NPDES Jarimy Springer RED-IVFD/ Mgyz2c0,��WR p� m/n �g n l section Who, being duly sworn or affirmed, according to the law, says that he/she is ""' ' this notice. The AccountingSpecialist DI- P IC Division of Water R) may hold a public mere be i serest- of CA North Carolina Holdings, Inc., a corporation organized and doing business under the Laws )m public interest. ests to s and/or In- of the State of North Carolina, and publishing a newspaper known as StarNews in the City of e Ins re Interested er the Wilmington Interested persons [ Raleigh, NC to review Public Notice North Carolina Environmental Management Commission/NPDES Unit 1617 on file. Additional in - an NPDES permits and Mail Service Center Raleigh, NC 27699-1617 Notice of Intent to Issue a NPDES Wastewater may be L found on our permit The North Carolina Environmental Management Commission proposes to issue a NP was inserted in the aforesaid newspaper in space, and on dates as follows: 5161x ton Terminal in New Hanover County; this ed discharge is treated stormwate�rr/w stewaterr to And at the time of such publication Star -News was a newspaper meeting all the requirements and UT to cape Fear River, cape Fear qualifications prescribed b Sec. No. 1-597 G.S. of N.C. River BCap q P Y c Title: Accounting Specialist Sworn or affirmed to, and subscribed before me this day of 1A OA A.D., FO In Testi only Whereof, I have hereunto set my hand and affixed my official seal, the day and year afor td. _ // / ) _ .'_ // — ,, >��. , - NEW HANOVER My commission expires day of�iV 20 , MVtttCOMM EXP. Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of Clerk of Superior Court MAIL TO: 3.11412017 Corporations Division ,t r Click Here To: North Carolina Elaine F. Marshal! DEPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Kinder Morgan Terminals Wilmington LLC Limited Liability Company Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of Incorporation Registered Agent: Corporate Addresses 1432583 Current -Active - oaf Current Foreign 3/11/2015 December DE CT Corporation System Mailing: 1001 Louisiana St Ste 1000 Houston, TX 77002-5089 Principal Office: 1001 Louisiana St Ste 1000 Houston, TX 77002-5089 Reg Office: 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 Reg Mailing: 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 sltu wl- Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 5713-3-20. Managing Member: Kinder Morgan Operating L.P. "C" 1001 Louisiana Street Ste 1000 Houston TX 77002 Account Login Create Account https:/Aw.sosnc.gw/SearcWprofcorp/10745811 1/1 KINDER MORGAN ,� TERMINALS May 23, 2016 Mr. Charles Weaver Director, Division of Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Permit Name/ Ownership Change Request NPDES Permit No. NCO073181 (River Road) NPDES Permit No. NCO073172 (Woodbine) RECENEDINCDECVDUJR MAY 2 5 2016 Water Quality Perrnitting SerbOr Please find enclosed two (2) permit name/ ownership change request applications for the Kinder Morgan WilmingtonTerminal sites located at 3340 River Road and 1710 Woodbine Street. Kinder Morgan is requesting to change the legal entity name of both sites from Kinder Morgan L.P. "C" to Kinder Morgan Terminals Wilmington, LLC. Resultantly, the Responsible Official's name will also change from Arthur Rudolph to Troy Sturtz. Should you have any questions or require additional information, please do not hesitate to contact me at (843) 853-0453 or margaret_sembos@kindermorgan.com. Regards, M *rSeCS-----�- Sr. EHS Specialist Kinder Morgan Terminals cc: Troy Sturtz, Teminal Manager; Kinder Morgan Wilmington River Road and Woodbine Street Terminals Dean Hunkele, NCDENR Wilmington Regional Office WIT Core Principles Safety Will Not Be Compromised - Environmentally Compliant and Responsible Operator- Ethics and Integrity Commitment to Employees and Resources - Customer Service and Fiscal Responsibility - Quality Focus A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor WATER QUALITY PERMITTING SECTION John E. Skvarla, III Secretary PERMIT NAME/OWNERSHIP CHANGE REQUEST This form is for ownership changes or name changes of NPDES wastewater permits. • "Permittec" references the existing permit holder • "Applicant" references the entity applying for the ownership, tame change. L NPDES Permit No. (for which the change is requester): N C 0 0 7 3 1 8 1 or Certificate of Coverage #: N C G 5 II. Existing Permittee Information: a. Permit issued to (company name): Kinder Morgan Operating LP "C" b. Person legally responsible for permit: Arthur Rudolph First MI Last VP Operations Title 1500 Greenleaf Street Permit Holder Mailing Address Charleston SC 29405- City State Zip (843)853-0453 ( ) Phone Fax c. Facility name: Wilmington River Road Terminal d. Facility's physical address: 3340 River Road Address Wilmington NC 28412- City State Zip e. Facility contact person: Troy Sturtz (910) 763-0104 First / MI / Last Phone III. Applicant Information: a. Request for change is a result of: ❑ Change in ownership of the facility ® Name change of the facility or owner !f other please explain b. Permit issued to (company name): Kinder Morgan Terminals Wilmington LLC c. Person legally responsible for permit: Troy Sturtz First MI Last Terminal Manager Title 3340 River Road Permit Holder Mailing Address Wilmington NC 28412- City State Zip (910) 763-0104 troy sturtz(d)kindermorgan.com Phone E-mail Address Page 1 of 2 Revised 710112014 IV d. Facility name: Wilmington River Road Terminal e. Facility's physical address: 3340 River Road Address Wilmington NC 28412- City State Zip f. Facility contact person: Troy Sturtz First MI Last Terminal Manager Title (910) 763-0104 troy sturtz 7a kindermorgan.com Phone E-mail Address Will the permitted facility continue to conduct the same commercial/industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the discharge point, or results in a change in the characteristics of the waste generated. V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: I. This completed application is required for both name change and/or ownership change requests. 2. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114 ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change (Permittee), and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, _, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I u derstand that if all required parts of this application are not completed and that if all required supportin formation i inclttde.d,Ais application package will be returned as incomplete. s;o rP Date APPLICANT CERTIFICATION I, _, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required suppot ' information is not inc tded, his application package will be returned as incomplete. % ,511712-ot Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NPDES PERMIT NAME/OWNERSHIP CHANGE REQUEST Page 2 of 2 Revised 710112014