WQ0035749_Final Permit_20120604

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water QuaRy
Charles Wakild, P.E.
Director
June 4, 2012
Terry Gibson, PE — State Highway Administrator
NC Department of Transportation:
1536 Mail Service Center
Raleigh, NC 27601-1536
Dear Mr. Gibson:
Dee Freeman
Secretary
Subject: Permit No. WQ0035749
Western Wake Freeway Project
Land Application of Diamond Grinding
Slurry (503 exempt)
Wake County
In accordance with your permit application request received January 24, 2012, and subsequent
additional information received February 21, 2012 and May 10, 2012, we are forwarding herewith Permit
No. WQ0035749, dated June 4, 2012, to the NC Department of Transportation for the operation of the
subject residuals management program.
This permit shall be effective from the date of issuance until May 31, 2017, and shall be subject
to the conditions and limitations as specified therein. Please pay particular attention to the monitoring
requirements listed in Section N- Failure to establish an adequate system for collecting and maintaining
the required operational information shall result in future compliance problems.
Note that an electronic inter -agency billing may be established to satisfy permit Condition V1-8.
PIease contact our budget office, telephone number [phone], for questions or assistance.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the farm of a written petition, conforming to Chapter 150B of the
North Ca>iilWina General Statutes, and fled with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding.
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 522 N. Salisbury St., Raieigh, North Carolina 27644
Phone: 919$47-64641 FAX: [phone]
Internet: http://por[al.ncdenr.org/weblwglaps
An Equal Opportunity 1 ASTrmalive Action Employer
NorthCarolina.

Mr. Terry Gibson
June 4, 2012
Page 2 of 2
If you need additional information concerning this matter, please contact Chonticha McDaniel at
[phone] or [e-mail].
Sincerely,
/- al I I �"
Charles Wakild, P. E.
cc: Raleigh Regional Office, Aquifer Protection Section
Rob Willcox, LSS — S&ME, Inc. (3718 Old Battleground Rd, Greensboro, NC 27410)
Technical Assistance and Certification Unit
Permit File WQ0035749
Notebook File WQ0035749

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
LAND APPLICATION OF DIAMOND GRINDING SLURRY PERMIT (503 EXEMPT)
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
NC Department of Transportation
Wake County
FOR THE
operation of Diamond Grinding Slurry (DGS) management program for the North Carolina Department
of Transportation and consisting of the land application of slurry generated by the diamond grinding of
concrete pavement during road construction at the Western Wake Freeway site with no discharge of
wastes to surface waters, pursuant to the application received January 24, 2012, and in conformity with
other supporting data subsequently filed and approved by the Department of Environment and Natural
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until May 31, 2017, and shall be subject to the
following specified conditions and Iimitations-,
L SCHEDULES
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
2. For land application of DGS generated from a project site other than the Western Wake Freeway, the
Permittee shall request modification of this permit to include additional projects, change the permit
into a statewide program, or submit a permit rescission request upon completion of the road
construction at the Western Wake Freeway site.
II. PERFORMANCE STANDARDS
The subject residuals management program shall be effectively maintained and operated at all times
so there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance
conditions due to improper operation and maintenance, the Permittee shall immediately cease land
applying DGS to the site, contact the Raleigh regional office's Aquifer Protection Section supervisor,
telephone number [phone], and take any immediate corrective actions.
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2_ This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this residuals management program.
3. Only slurry generated by the diamond grinding process at the Western Wake Freeway is -
approved for land application in accordance with this permit.
4. Pollutant concentrations in DGS applied to any land application site shall not exceed the following.
Ceiling Concentrations or Monthly Average Concentrations (i.e., dry weight basis):
Parameter
Ceiling Concentration
(milligrams per kilogram)..
Monthly Average
Concentration
--(ri:illigrarirs per kilogram)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
n/a
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
5. Setbacks for land applied DGS shall be as follows:
* "Cake" residuals are those that have greater than 15% solids by weight and can be stacked without flowing, as
well as can be handled, transported and spread as a solid (e.g., using a backhoe, front end loader, slinger
spreader, broadcast spreader or other equipment designed for handling solid materials) without leaving any
significant liquid fraction behind_
6. Land application areas shall be clearly marked on each site prior to and during any DGS application
event.
7. DGS shall not be applied in exceedance of agronomic rates or hydraulic capacity of the soils;
whichever is most limiting_ Appropriate agronomic rates based on plant available nitrogen (PAN)
shall be determined using one of the following methods:
a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science (htto://www,soil.nesu.edu/programs/nmp/yields/), or
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Setback by residual type
Setback Description
(feet)
Liquid
Cake*
Private or public water supply
100
100
Surface waters (streams — intermittent and perennial,
perennial waterbodies, and wetlands)
100
25
Surface water diversions (ephemeral streams,
25
0
waterwa s, ditches
Groundwater lowering ditches (where the bottom of
25
0
the ditch intersects the SHWT
Wells with exception to monitoring wells
100
100
Bedrock outcrops
25
0"
* "Cake" residuals are those that have greater than 15% solids by weight and can be stacked without flowing, as
well as can be handled, transported and spread as a solid (e.g., using a backhoe, front end loader, slinger
spreader, broadcast spreader or other equipment designed for handling solid materials) without leaving any
significant liquid fraction behind_
6. Land application areas shall be clearly marked on each site prior to and during any DGS application
event.
7. DGS shall not be applied in exceedance of agronomic rates or hydraulic capacity of the soils;
whichever is most limiting_ Appropriate agronomic rates based on plant available nitrogen (PAN)
shall be determined using one of the following methods:
a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science (htto://www,soil.nesu.edu/programs/nmp/yields/), or
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b. The crop management plan outlined by the local Cooperative Extension Office, the Department
of Agriculture and Consumer Services, the Natural Resource Conservation Service, or an
agronomist, and
c. If the appropriate nutrient application rates cannot be determined, the Permittee shall contact the
Division to determine necessary action.
8. DGS shall not be applied in exceedance of the soil test results or recommendations from an
agronomist on the amount of DGS needed for soil pH adjustment (i.e. lime equivalency rates).
M. OPERATION AND MAINTENANCE REOUTRFXENTS
I. The DGS management program shall be properly maintained and operated at all times. The program
shall be effectively maintained and operated as a non -discharge system to prevent any contravention
of surface water or groundwater standards.
2. The Raleigh Regional Office(s), telephone number [phone], shall be notified at least 48 hours
prior to the initial application of DGS to the land application site. Notification to the Aquifer
Protection Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p -m. on Monday
through Friday, excluding State Holidays.
3. The Permittee shall maintain an Operation and Maintenance Plan (O&M Plan) pursuant to 15A
NCAC 02T A 110. The O&M PIan, at the minimum, shall include:
a. Operational functions;
b. Maintenance schedules;
c. Safety measures;
d. Spill response plan; and
e. Sampling and monitoring plan including sampling frequency and guidelines for pH adjustment.
4. During land application activities, a copy of this permit and a copy of O&M PIan shall be maintained
at the land application sites.
5. When the Permittee transports or land applies DGS, the spill control provisions shall be maintained in
all DGS transport and application vehicles_
6. Adequate measures shall be taken to prevent wind erosion and surface runoff from conveying DGS
from the land application sites onto adjacent properties or into surface waters.
7. DGS shall not be land applied under the following conditions:
a. If the DGS are likely to adversely affect a threatened or endangered species listed under section 4
of the Endangered Species Act or its designated critical habitat;
h_ If the application causes prolonged nuisance conditions;
c. If the land fails to assimilate the DGS or the application causes the contravention of surface water
or groundwater standards;
d. If the land is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of
the DGS would occur,-
e-
ccur;
e_ Within the 100 -year flood elevation, unless the DGS are injected or incorporated within a 24-hour
period following a land application event;
f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours
following a rainfall event of U inches or greater in a 24-hour period;
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g. If the slope is greater than 10% for surface applied DGS, or if the slope is greater than 18% for
injected or incorporated DGS;
h. If the DGS pH is greater than or equal to 12.5;
i. If the vertical separation between the seasonal high water table and the depth of DGS application
is less than one foot;
j. If the vertical separation of bedrock and the depth of DGS application is less than one foot;
k. If ground cover is less than 50% unless the DGS is incorporated- or.injected within a 24-hour
period following a land application event.
9. DGS shall be adequately recovered and stored to prevent runoff. DGS may be recovered and stored
in mobile storage units at or near the project site. If an alternate storage site is used, approval must be
obtained from the Division.
10. DGS may be applied within medians located at the project site provided that a 25 -foot setback to all
drop inlets along the median is maintained and appropriate BMPs are used to prevent surface runoff
from entering the storm drain system unimpeded. Areas where groundwater is less than one (1)
foot from the ground surface or areas with a defined channel shall be buffered out.
11. DGS may be used as soil amendment and land applied by injection or incorporation method within
roadbed fill areas where site grading is actively taking place. The Permittee shall recommend the
suitable application rate and receive approval from the Division prior to beginning Iand application in
these areas. Caution must be taken to prevent surface runoff.
12. An information sheet shall be provided to the person who receives the DGS (i.e., landowner, lessee,
or operator). At a minimum, the label or information sheet shall contain the following:
a. Description of DGS and its contents (nutrients, lime value, etc.);
b. A statement that land application of DGS is prohibited except in accordance with the instructions
on the information sheet;
c. A statement identifying that the DGS shall be prevented from entering any public or private water
supply source (including wells) and any surface water (e.g_, stream, lake, river, wetland, etc.);
d. A statement that the DGS will be applied at agronomic rates, hydraulic capacity of the soils, or
lime equivalency of the DGS; whichever is most limiting.
IV. MONITORING AND REPORTING REOUMEMENTS
1. In the event the facilities fail to perform satisfactorily due to improper operation and maintenance
resulting in discharges of DGS to surface waters or any contravention of groundwater and/or surface
water standards, any Division required monitoring (including groundwater, plant tissue, soil and
surface water analyses) necessary to ensure groundwater and surface water protection shall be
established, and an acceptable sample reporting schedule shall be followed.
DGS shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and
Recovery Act (RCRA)_ The analyses [corrosivity, ignitability, reactivity, and toxicity
characteristic leaching procedure (TCLP)] shall be performed prior to initial land application of
DGS as required under Condition N.3., and the Permittee shall maintain the results for a minimum
of have years.
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The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5.0)
1,4 -Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide)
(0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
HexachIoroethane (3.0)
2,4,5 -Trichlorophenol (400.0)
m -Cresol (200.0)
Lead (5.0)
2,4,6 -Trichlorophenol (2.0)
o -Cresol (200.0)
Lindane (0.4)
2,4,5 -TP (Silvex) (1.0)
p -Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
3. An analysis shall be conducted on DGS prior to the initial land application event and bi-monthly
thereafter (except for pH, see footnote), and the Permittee shall maintain the results for a minimum of
five years. The analysis shall include the following parameters:
Aluminum
Mercury
Potassium
Ammonia -Nitrogen
Molybdenum
Selenium
Arsenic
Nickel
Sodium
Cadmium
Nitrate -Nitrite Nitrogen
Sodium Adsorption Ratio
(SAR)
Calcium
Percent Total Solids
TKN
Copper
pH*
Zinc
Lead
Phosphorus
Magnesium
Plant Available Nitrogen
(by calculation)
*pH shall be sampled for each truckload to demonstrate that the DGS is non -hazardous under the RCRA.
If no land application events occur during a required sampling period (e.g. no land application occur
during the two months when bi-monthly monitoring is required), then no sampling data is required
during the period of inactivity.
The Permittee may request a permit modification to reduce the frequency and/or monitoring
parameters required after sufficient amount of sampling data are collected and the data demonstrate
that such parameter(s) has no significant concentration or pose no risk to human health or the
environment.
4. Measurement of DGS pH shall be performed in accordance with the EPA Test Method 9040C
(littp://,A,ww.epa.gov/epawastcAiazard/testinethods/sw846/pdfs/9040c,.Rf).
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5. Laboratory parameter analyses shall be performed on the DGS after any polymer or chemical
additions, as they are land applied, and shall be in accordance with the monitoring requirements in
15A NCAC 02B .0505.
6. The Permittee shall maintain records tracking all DGS land application events. At a minimum, these
records shall include the following:
a. Source of DGS (i.e., project name and location);
b. Date of land application;
c. Location of receiving site (e.g_, land owner name, address, latitude and longitude);
d. Volume of DGS applied to each site (dry weight or in gallons with %solids included);
e. Determination of hydraulic capacity of the soils, agronomic rates, and lime equivalency
calculations.
7. All monitoring results and records tracking as required under Condition V2, V.3, and V.5_, shall be
submitted annually on or before March 1'. The annual report and seven (7) additional copies (to be
forwarded to regional offices) shall be submitted to the following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
8. Noncompliance Notification
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791-
4200 , as soon as possible, but in no case more than 24 hours or on the next working day following
the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence with the land application program resulting in the land application of significant
amounts of wastes that are abnormal in quantity or characteristic.
b. Any failure of the land application program resulting in a release of material to surface waters.
c. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Any process unit failure, due to known or unknown reasons, rendering the land application
incapable of adequate operation_
e. Any spill or discharge from a vehicle or piping system during DGS transportation_
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number [phone], [phone], or (919) 733--3300.Persons
reporting such occurrences by telephone shall also file a written report in letter form within five days
following first knowledge of the occurrence_ This report shall outline the actions taken or proposed to
be taken to ensure that the problem does not recur_
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
subject program and shall be in accordance with the approved O&M Plan.
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2. Prior to each land application event, the Permittee or his designee shall inspect the DGS storage,
transport and application equipments to prevent malfunctions, deterioration and operator errors
resulting in discharges, which may cause the release of wastes to the envvronment, a threat to human
health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a
minimum, the date and time of inspection, observations made, and any maintenance, repairs, or
corrective actions taken. The Permittee shall maintain this inspection log for a period of five years
from the date of inspection, and this log shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the land application sites or facilities permitted herein
at any reasonable time for the purpose of determining compliance with this -permit; may inspect. or -
copy any records required to be maintained under the terms and conditions of this permit; and may
collect groundwater, surface water or leachate samples.
VI. GENERAL. CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the land application events are not carried out in accordance
with the conditions of this permit.
3. This permit is effective only with respect to the nature and volume of DGS described in the permit
application and other supporting documentation.
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
5. In the event the DGS management program changes ownership or the Permittee changes their name,
a formal permit modification request shall be submitted to the Division_ This request shall be made
on official Division forms, and shall include appropriate documentation from the parties involved and
other supporting documentation as necessary. The Permittee of record shall remain fully responsible
for maintaining and operating the program permitted herein until a permit is issued to the new owner.
6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10.
7_ Unless the Division Director grants a variance, expansion of the permitted DGS management
program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A
NCAC 02T .0120(b).
S. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3)_
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Permit issued this the 4' day of June 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Aarle5AVakild, P. E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035749
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