nc0031836_Email_20180706

Perlmutter, Gary
From: Perlmutter, Gary
Sent: Friday, July 06, 2018 4:49 PM
To: '[e-mail]'; 'Scott Austin'; 'Joel Whitford'
Cc: Grzyb, Julie
Subject: Summary of 3rd & 4th Creek permit meeting, limits and compliance schedules.
Attachments: 3rd Cr site visit notes.docx
Dear Andy and all,
Below are what the limits and compliance schedules would look like for Third and Fourth Creek NPDES permits; attached
is a summary of our meeting held at 3rd Creek WWTP on June 7, 2018. Please provide any changes or comments by
September 5, 2018. Please be aware that EPA expects compliance to be met as soon as possible.
Third Creek WWTP
• Copper:
o Current permit requirements: monitor quarterly (at all flow phases)
o Proposed permit limits: 28.3 pg/L monthly average, 35.9 µg/L daily maximum (at 6 MGD and 8.0 MGD
flows)
• Bis(2-ethylhexyl)phthalate:
o Current permit requirements: monitor quarterly (at all flow phases)
o Proposed limit: 2.0 µg/L monthly average (at 6 MGD and 8.0 MGD flows)
• Example Compliance Schedule:
A. (X.) SCHEDULE OF COMPLIANCE FOR TOTAL COPPER AND BIS(2-
ETHYLHEXYL)PHTHALATE LIMITATIONS (OUTFALL 001) [G.S. 143-215.1 (b)]
1. Within one (1) year from the effective day of the permit, the Permittee shall submit to the Division of Water
Resources a Corrective Action Plan summarizing the strategy or actions to be taken to achieve compliance with
the Total Copper and Bis(2-ethylhexyl) phthalate limitations listed in Section A. (1.), which includes specific
dates for completion or implementation of each action.
2. Within two (2) years from the effective date of the permit, the Permittee shall submit a report to the Division
summarizing actions taken in accordance with the Corrective Action Plan.
3. The Permittee shall achieve compliance with Total Copper and Bis(2-ethylhexyl) phthalate limitations specified
in Section A. (1.) within three (3) years of the effective date of this permit. [give specific date in final permit].
Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this
permit. Any modifications to the schedule shall be requested to the Division at least ninety (90) days before the
deadline. Modifications to the schedule in excess of four (4) months will be subject to public notice.
Corrective Action Plan and Reports shall include the owner's name, NPDES permit number and Permittee contact person,
and shall be submitted to:
(1) NCDEQ / Division of Water Resources NPDES Permitting
1617 Mail Service Center
Raleigh, NC 27699-1617
(2) NCDEQ / Division of Water Resources
Mooresville Regional Office

610 E Center Ave., Suite 301
Mooresville, NC 28115
Fourth Creek WWTP
• Ammonia:
*Footnote: See A. (X.) Compliance Schedule for when limits become effective.
• Copper:
o Current permit: no requirements
o Proposed:
Flow Phase
Summer
Winter
Flow Phase
Monthly Avg.
Weekly Avg.
Monthly Avg.
Weekly Avg.
Current Permit
4.0 MGD
12.0 mg/L
35.0 mg/L
18.0 mg/L
35.0 mg/L
6.0 MGD
2.0 mg/L
6.0 mg/L
4.0 mg/L
12.0 mg/L
Proposed Permit
4.0 MGD
1.9 mg/L*
5.7 mg/L*
4.7 mg/L*
14.1 mg/L*
6.0 MGD
1.6 mg/L*
4.8 mg/L*
3.7 mg/L*
11.1 mg/L*
*Footnote: See A. (X.) Compliance Schedule for when limits become effective.
• Copper:
o Current permit: no requirements
o Proposed:
Flow Phase
Monthly Average
Daily Maximum
4.0 MGD
29.0 µg/L
37.0 µg/L
6.0 MGD
23.9 µg/L
31.0 µg/L
*Footnote: See A. (XX.) Compliance Schedule for when limits become effective.
• Example Compliance Schedules:
A. (X.) SCHEDULE OF COMPLIANCE FOR AMMONIA -NITROGEN (NH3-N) LIMITATIONS
(OUTFALL 001) [G.S. 143-215.1 (b)]
1. Within one (1) year from the effective day of the permit, the Permittee shall submit to the Division of Water
Resources a Corrective Action Plan summarizing the strategy or actions to be taken to achieve compliance with
the NH3-N limitations listed in Section A. (1.), which includes specific dates for completion or implementation of
each action. Possible actions include assessing plant operations and determine optimization strategies.
2. Within two (2) years from the effective date of the permit, the Permittee shall submit a report to the Division
summarizing actions taken in accordance with the Corrective Action Plan, such as implementation of optimization
strategies for NH3-N reduction. The Permittee shall achieve compliance with NH3-N limitations specified in
Section A. (1.) [give specific date in final permit].
Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this
permit. Any modifications to the schedule shall be requested to the Division at least ninety (90) days before the
deadline. Modifications to the schedule in excess of four (4) months will be subject to public notice.
Corrective Action Plan and Reports shall include the owner's name, NPDES permit number and Permittee contact person,
and shall be submitted to:

(1) NCDEQ / Division of Water Resources
NPDES Permitting
1617 Mail Service Center
Raleigh, NC 27699-1617
(2) NCDEQ / Division of Water Resources
Mooresville Regional Office
610 E Center Ave., Suite 301
Mooresville, NC 28115
A. (XX.) SCHEDULE OF COMPLIANCE FOR TOTAL COPPER LIMITATIONS (OUTFALL 001)
[G.S. 143-215.1 (b)]
1. Within one (1) year from the effective day of the permit, the Permittee shall submit to the Division of Water
Resources a Corrective Action Plan summarizing the strategy or actions to be taken to achieve compliance with
the Total Copper limitations listed in Section A. (1.), which includes specific dates for completion or
implementation of each action. Possible actions include identifying sources of Total Copper and evaluating source
reduction alternatives.
2. Within two (2) years from the effective date of the permit, the Permittee shall submit a report to the Division
summarizing actions taken in accordance with the Corrective Action Plan, such as results of the source
identification survey, implementing source reduction strategies and limits on identified industrial user dischargers.
3. The Permittee shall achieve compliance with Total Copper limitations specified in Section A. (1.) within three (3)
years of the effective date of this permit. [give specific date in final permit].
Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this
permit. Any modifications to the schedule shall be requested to the Division at least ninety (90) days before the
deadline. Modifications to the schedule in excess of four (4) months will be subject to public notice.
Corrective Action Plan and Reports shall include the owner's name, NPDES permit number and Permittee contact person,
and shall be submitted to:
(1) NCDEQ / Division of Water Resources
NPDES Permitting
1617 Mail Service Center
Raleigh, NC 27699-1617
(2) NCDEQ / Division of Water Resources
Mooresville Regional Office
610 E Center Ave., Suite 301
Mooresville, NC 28115

Per your request, DWR is allowing 60 days for you to assess and propose compliance schedules for the above proposed
limits. DWR will be moving ahead in sending draft permits for Third Creek and Fourth Creek WWTPs for Public Notice if
no comments are received by September 5, 2018.
Also per our agreement, DWR will modify the compliance date of the 6 MGD Phase II nutrient load limits from October
1, 2019 to October 1, 2027 in the Third Creek WWTP permit. Please be aware that the Nutrient Reopener special
condition will be maintained in your Third Creek WWTP permit stating that any nutrient management strategy or TM DL
developed for High Rock Lake will override the permit limits and that DWR has the right to reopen the permit to insert
final limits and time schedule per such strategy or TMDL.
We look forward to your proposed compliance schedules. If you have any questions, please don't hesitate to contact
me.
Sincerely,
Gary Perlmutter
Gary B. Perlmutter, M.S.
Enivronmental Specialist II
NPDES Complex Permitting Unit
NC DEQ / Division of Water Resources / Water Quality Permitting
919 807 6385 office
919 707 9000 main office
Qarv.oerlm utter(a)ncdenr.gov
Physical Address: 512 North Salisbury St.,Raleigh, NC, 27604
Mailing Address: 1617 Mail Service Center, Raleigh, NC, 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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Third Creek / Fourth Creek WWTP meeting / site visit — notes
Attendees:
• DWR: Gary Perlmutter, Nick Coco & Julie Grzyb (phone) (NPDES Permitting); Wes Bell
(Mooresville Regional Office)
• City of Statesville: Andy Smith (4th Creek ORC, Auth. Contact for both facilities), Scott Austin (3'd
Creek ORC); Forrest Westall and Joel Whitford (McGill Associates)
Date: June 7, 2018
Subject: Third Creek and Fourth Creek WWTP NPDES permit renewal draft items
Third Creek
Discussed effective date extension of Third Creek 6 MGD Phase II nutrient limits, currently set for
October 1, 2019, and requested to October 1, 2029. Agreed to October 1, 2027 to allow one full permit
cycle plus sufficient time for the City to plan, fund, construct and begin operating the plant with
improvements toward greater nutrient removal. DWR discussed that the Phase II nutrient limits were
based on freezing the load of nutrients (TN and TP) to the stream so there could be no increase in
impairment. Further, that continuing the Phase I limits indefinitely would not be appropriate given that
the new facility, designed for nutrient removal, may very well be capable of meeting the Phase II limits
or at least capable of achieving higher nutrient reductions than the 50% allowed as an interim measure.
Therefore, upon the next permit renewal, if the High Rock Lake TMDL/nutrient management strategy is
not completed (or state criteria are not developed that can be implemented for 3rd Creek), DWR would
expect Statesville to assess and commit to more stringent nutrient mass loading allocations that bring
the facility closer to the Phase II nutrient limits.
The nutrient reopener, already in the permit, will remain in the renewal.
Discussed option for compliance schedule for Third Creek WWTP Copper and Bis(2-ethylhexyl) phthalate
limits determined by RPA. City reps would like to evaluate the data and determine what length of
compliance schedule, if needed, is appropriate.
Fourth Creek
Discussed option for compliance schedule for Fourth Creek WWTP's more stringent ammonia -nitrogen
limits determined by the Wasteload Allocation (WLA) in order to protect for toxicity. City reps asked if
they could have mass loading limits in the permit instead of concentration limits as they believe the
mass -based limits would be easier to achieve. Toxicity is based on concentration, so DWR will maintain
concentration limits.
DWR's evaluation of the data from February 2014 through January 2018 showed only one potential
exceedence of the proposed monthly limit and no exceedance of the proposed weekly limits at either 4
MGD (existing flow) and 6 MGD (expanded flow). City reps want to evaluate the data and determine if
there is any potential for exceedences, especially as the plant flow increases. Forrest asked if the EPA
criteria chart could be used to evaluate specific limits at 4th Creek. NPDES would prefer that DWR use
guidance of 1.8 / 1.0 winter/summer average for protection of aquatic life, and only use the chart if the
numbers are unattainable. The City reps agreed to review the data against the 1.0/1.8 mg/L
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summer/winter EPA criteria and determine the appropriate length and actions needed in a compliance
schedule.
Discussed option for compliance schedule for Fourth Creek's Copper limits determined by the RPA. City
reps would like to evaluate the data and determine what length of compliance schedule, if needed, is
appropriate.
City reps asked to review a copy of the draft permits before they go to Public Notice. DWR offered
instead to send a copy of the draft effluent limits/monitoring sheets and compliance schedules. City
reps asked for a timeline to review data, and decide lengths of compliance schedules, proposing 45-60
days.
DWR asked who would replace Joe Hudson as the person with signature authority for both permits, as it
is understood that Mr. Hudson had recently retired. Andy Smith said he is the new interim Director of
Water Resources, and is in the process of filling a form for his designation as signature authority for 3rd
and 4th Creek WWTP NPDES permits.
Following the meeting, attendees toured the Third Creek facility.
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