WQ0035749_Final Permit_20130424

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
April 24, 2013
Terry Gibson, PE — State Highway Administrator
NC Department of Transportation
1536 Mail Service Center
Raleigh, NC 27601-1536
Subject: Permit No. WQ0035749
Diamond Grinding/Hydrodemolition
Land Application of Diamond
Grinding and Hydrodemolition
Operation Slurry (503 exempt)
Statewide
Dear Mr. Gibson:
In accordance with your permit modificationn request received March 19, 2013, we are forwarding
herewith Permit No. WQ0035749, dated April 24, 2013, to the NC Department of Transportation for the
operation of the subject residuals management program.
Modifications to the subject permit are as follows:
♦ Update the permit to allow both Diamond Grinding Slurry (DGS) and Hydrodemolition
Operation Slurry (HOS) to be land applied or distributed statewide in accordance with
15A NCAC 02T . 1100.
Please note that DGS or HOS shall not be land applied if its pH is greater than or equal to
12.5 and the pH shall be sampled for each truckload in accordance with Condition IV.3 and IVA.
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 W. Failure to establish an adequate system for collecting and maintaining
the required operational information shall result in future compliance problems.
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 form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed 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, Raloigh, North Carolina 27699-1636
Location: 512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet; htt:!1 ortal.ncdenr.org/weblwg/aos
An Equal Opportunity i Affirmative Aclion Employer
One
NorthCarolina
Aatltral y

Mr. Terry Gibson
Apri124, 2013
Page 2 of 2
If you need additional information concerning this matter, please contact Chonticha McDaniel at
[phone] or [e-mail].
Sincerely,
4baes Wakild, P. E.
cc: Ashville Regional Office, Aquifer Protection Section
Fayetteville Regional Office, Aquifer Protection Section
Mooresville Regional Office, Aquifer Protection Section
Raleigh Regional Office, Aquifer Protection Section
Washington Regional Office, Aquifer Protection Section
Wilmington Regional Office, Aquifer Protection Section
Winston-Salem 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
DISTRIBUTION AND LAND APPLICATION OF DIAMOND GRINDING AND
HYDRODEMOLITION OPERATION 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
(Statewide)
FOR THE
operation of a Diamond Grinding Slurry (DGS) and Hydrodemolition Operation Slurry (HOS)
management program for the North Carolina Department of Transportation and consisting of the
distribution and land application of slurry (containing water and pulverized concrete) generated by the
diamond grinding of concrete pavement during road construction or maintenance projects, and slurry
generated by the concrete hydrodemolition operation during bridge deck restoration process 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 limitations:
1. SCHEDULES
1. 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.
H. PERFORMANCE STANDARDS
1. 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 or HOS to the site, contact the appropriate regional office's Aquifer Protection Section
supervisor for the county in which the land application site is located, 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 and/or the hydrodemolition operation are
approved for land application in accordance with this permit.
4. Pollutant concentrations in DGS or HOS 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
(milligrams 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 or HOS shall be as follows:
Setback Description
Setback by residual type
(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,
waterways, ditches)
25
0
Groundwater lowering ditches (where the bottom of
the ditch intersects the SHWT)
25
0
Wells with exception to monitoring wells
100
100
Bedrock outcrops
25
0
T Saxe-- restauais are those that nave 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.
b. Land application areas shall be clearly marked on each site prior to and during any DGS/HOS
application event.
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7. DGS/HOS 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) and
phosphorous 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 (hqp://www.soil.ricsu.edu/prograins/nmR/yieldo, or
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.
DGS/HOS shall not be applied in exceedance of the soil test results or recommendations from an
agronomist on the amount of DGS/HOS needed for soil pH adjustment (i.e. lime equivalency rates).
III. OPERATION AND MAINTENANCE REQUIREMENTS
The DGS and HOS 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 appropriate Division of Water Quality Regional Office(s), to be determined based on the
county(ies) in which the land application sites are located (see Figure 1 - Regional Offices Map), shall
be notified at least 48 hours prior to the DGS or HOS application to any land application site unless a
project meeting opportunity has been established with an appropriate regional office. 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. Prior to initial land application of DGS or HOS from each road construction project, the Permittee
shall complete the following minimum items:
a) A verification that the DGS/HOS do not exceed the ceiling concentrations for the metals of
concern as stipulated in Condition 11.4;
b) A verification that the DGS/HOS do not exhibit any of the four characteristics defined by 40 CFR
Part 261.21 through 40 CFR Part 261.24 as evidenced by passing corrosivity, ignitability,
reactivity, and toxicity characteristic leaching procedure tests (i.e., see Condition V.2.);
c) All verifications and analytical results shall be submitted to the appropriate Division of Water
Quality Regional Office, to be determined based on the county in which the road construction
project is located.
The Permittee shall be responsible for documenting and maintaining records of the verification
process for each new project (i.e. new source of DGS or HOS) for a minimum of five years.
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 and pose no risk to human health or the
environment.
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4. The Permittee shall maintain an Operation and Maintenance Plan (O&M Plan) pursuant to 15A
NCAC 02T. I I 10. The O&M Plan, at the minimum, shall include:
a. Operational functions;
b. Maintenance schedules;
c. Safety measures;
d. Spill response plan; and
c. Sampling and monitoring plan including sampling frequency and guidelines for pH adjustment.
5. During land application activities, a copy of this permit and a copy of O&M Plan shall be maintained
at the land application sites.
6. When the Permittee transports or land applies DGS or HOS, the spill control provisions shall be
maintained in all DGS/HOS transport and application vehicles.
7. Adequate measures shall be taken to prevent wind erosion and surface runoff from conveying DGS or
HOS from the land application sites onto adjacent properties or into surface waters.
8. DGS or HOS shall not be land applied under the following conditions:
a. If the DGS/HOS are likely to adversely affect a threatened or endangered species listed under
section 4 of the Endangered Species Act or its designated critical habitat;
b. If the application causes prolonged nuisance conditions;
c. If the land fails to assimilate the DGS/HOS or the application causes the contravention of surface
water or groundwater standards;
d. If the Iand is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of
the DGS/HOS would occur;
e. Within the 100 -year flood elevation, unless the DGS/HOS 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 0.5 inches or greater in a 24-hour period;
g. If the slope is greater than 10% for surface applied DGS/HOS, or if the slope is greater than 18%
for injected or incorporated DGS/HOS;
h. If the land is not intended to be used for agriculture (or turf, ornamentals trees, and other
vegetative practices along NCDOT right of way) within 12 months following any previous
DGS/HOS land application event;
i. If the DGS/HOS pH is greater than or equal to 12.5;
j. If the vertical separation between the seasonal high water table and the depth of DGS/HOS
application is less than one foot;
k. If the vertical separation of bedrock and the depth of DGS/HOS application is less than one foot;
I. If ground cover is less than 50% unless the DGS/HOS is incorporated or injected within a 24-
hour period following a land application event.
9. DGS and HOS shall be adequately recovered and stored to prevent runoff. DGS and HOS may be
recovered and stored in mobile storage units at or near each project site. If an alternate storage site is
used, approval must be obtained from the Division.
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10. A Utilization Agreement between the Permittee and the entity agreeing to accept and distribute DGS
or HOS shall be in place prior to distribution of the bulk residuals. The agreement shall specify the
agreeing entity's responsibilities. The Permittee or his designee and the person responsible for
application of the DGS/HOS shall sign the Utilization Agreement, which shall be considered expired
concurrent with the permit expiration date, and shall be renewed during the permit renewal process.
11. At a minimum, the Utilization Agreement shall stipulate the following:
a. By agreeing to accept the DGS/HOS, it is recognized that the application of these materials is
allowed under the conditions of this agreement. Land application of DGS/HOS is considered the
beneficial reuse of a waste under 15A NCAC 02T .1 100, and has been deemed permitted under
15A NCAC 02T .1103(4) provided the conditions of this agreement are met. Any action resulting
in damages to surface water or groundwater, caused by failure to follow the conditions of this
agreement, is subject to Division enforcement action;
b. The person or entity accepting the DGS/HOS shall to the best of their knowledge meet the
following application requirements:
i. DGS/HOS shall not be Iand applied under the following conditions (list all prohibitions under
Condition 111.8).
ii. DGS/HOS shall not be stockpiled or stored offsite for more than 60 days prior to land
application;
iii. Application of DGS/HOS shall not occur within 100 feet of a public or private water supply
source;
iv. Application of DGS/HOS shall not occur within 100 feet of any well, with the exception of
Division approved monitoring wells;
v. Application of DGS/HOS shall not occur within 25 feet of surface waters.
c. The generator of the DGS/HOS shall provide information on the proper use of the DGS/HOS,
including information on the nutrient and time quantities within the DGS/HOS and recommended
application rates. A copy of the label or information sheet attached to bags or other containers, as
specified in the labeling requirements under Condition III.1 l is sufficient;
d. The applicator or party accepting bulk residuals from the Permittee shall supply all third parties
receiving bulk residuals with documentation specifying that application shall occur consistent
with the utilization agreement;
c. Instructions, including contact information for key personnel, shall be provided to the applicator
or party receiving bulk residuals in the event that any requirements specified in the utilization
agreement are not met.
f. A copy of the Utilization Agreement shall be maintained at the land application sites when bulk
residuals are being applied.
12. An information sheet shall be provided to the person who receives the DGS or HOS (i.e., landowner,
lessee, or operator). At a minimum, the label or information sheet shall contain the following:
a. Description of DGS/HOS and its contents (nutrients, time value, etc.);
b. A statement that land application of DGS/HOS is prohibited except in accordance with the
instructions on the information sheet;
c. A statement identifying that the DGS/HOS 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/HOS will be applied at agronomic rates, hydraulic capacity of the soils,
or lime equivalency of the DGS/HOS; whichever is most limiting.
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13. The Permittee shall not distribute DGS/HOS to any person or entity known to be applying residuals
contrary to the condition of the signed Utilization Agreement,
14. DGS/HOS 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.
15. DGS/HOS 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 land
application in these areas. Caution must be taken to prevent surface runoff.
IV. MONITORING AND REPORTING REQUIREMENTS
1. In the event the facilities fail to perforin satisfactorily due to improper operation and maintenance
resulting in discharges of DGS/HOS 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 and HOS 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)l shall be performed prior to initial land
application of DGS or HOS from each road construction project as required under Condition IV.3.,
and the Permittee shall maintain these results for a minimum of five years.
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)
Hexachloroethane (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}
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 and pose no risk to human health or the
environment.
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3. An analysis shall be conducted on DGS and HOS from each road construction project 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/HOS is non -hazardous under the RCRA.
If no land application events occur during a required sampling period (e.g. no land application occur
during an entire month when monthly monitoring is required), then no sampling data is required
during the month of inactivity.
The Permittee may request a permit modification to reduce the frequency and/or monitoring
parameters required alter sufficient amount of sampling data are collected and the data demonstrate
that such parameter(s) has no significant concentration and pose no risk to human health or the
environment.
4. Measurement of DGS/HOS pH shall be performed in accordance with the EPA Test Method 9040C
(htt ://www.e a.gov/e awaste/hazard/testmetliods/sw8461 dfs/9040c. d . .
5. Laboratory parameter analyses shall be performed on the DGS/HOS 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/HOS land application events. At a minimum,
these records shall include the following:
a. Source of DGS/HOS (i.e., project name and location);
b. Date of land application;
c. Location of receiving site (i.e., land owner name, address, latitude and longitude);
d. Volume of DGS/HOS applied to each site (dry weight or in gallons with %solids included);
7. All monitoring results and records tracking as required under Condition IV.2, IV.3, and IV.6, shall be
submitted annually on or before March lst. 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
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8. Noncompliance Notification
The Permittee shall report by telephone to the appropriate Regional Office for the county in which the
project is located (see Figure 1 - Regional Offices Map), 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.
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/HOS 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 [phone].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.
2. Prior to each land application event, the Permittee or his designee shall inspect the DGS/HOS storage,
transport and application equipments to prevent malfunctions, deterioration and operator errors
resulting in discharges, which may cause the release of wastes to the environment, 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.
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3. This permit is effective only with respect to the nature and volume of DGS/HOS 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.
In the event the DGS and HOS 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 .0110.
7. Unless the Division Director grants a variance, expansion of the permitted DGS/HOS management
program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A
NCAC 02T .0120(b).
The Permittee shall pay the annual fee within 30 days after being billed by the Division or an
electronic inter -agency billing shall be established. 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).
Permit issued this the 24'h day of April 2013
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
Zrarles akild, P. E., Director
ivisio of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035749
WQ0035749 Version 1.1 Shell Version 110113 Page 9 of 9

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