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HomeMy WebLinkAboutNCS000179_COMPLIANCE_20090908------STORMWATER-DIVISION-CODING SHEET" ---- PERMIT NO. NUs Oon I DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION COMPLIANCE ❑ OTHER DOC DATE ❑ 'aobq(390, YYYYM M DD jFA J -ILE CGPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor September 8, 2009 Mr. Jeremy Nauert Colbond Inc 1451 Sand Hill Rd Enka, NC 28728 Coleen H. Sullins Director SUBJECT: NPDES Stormwater Permit Compliance Inspection Colbond, Incorporated Permit No: NCS000179 Buncombe County Dear Mr. Nauert: Dee Freeman Secretary This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on August 25, 2009 at the Colbond, Incorporated, Enka facility. Jeff Menzel and I appreciate your assistance while conducting the inspection, as well as the assistance of Mr. Gaddy and Mr. Trantham. A summary of the inspection is provided with this letter. As we discussed on -site, the Division will continue to assist you with determining appropriate sampling points. An updated stormwater pollution prevention plan should be completed within 90 days of the effective date of the new permit (and annually thereafter). Following the determination of the sampling points for quantitative and qualitative sampling, along with completion of the updated plan, the Division expects that Colbond will resolve the existing non-compliance issues noted in the inspection report. The Division also recommends that Colbond work with Enka Water Control to ensure that the stormwater outfall remains clear of debris, and that the vegetation is regularly trimmed to allow easy access. Please contact me at (828) 296-4665 or Susan. A. Wilsonpncder r.gov, if I can be of any further assistance. SiASusan cerely, 'AW ilso�ronmental Engineer Surface Water Protection cc:Central Files ARO Files SWPU/Robert Patterson (e-copy) G:\WPDATA\DEMWQ\Bunconibc\StormwaterColbond NCS000179\Colbond Insp Ittr 2009.doc Location: 2090 U.S. Hghway 70, Swannanoa, North Carolina 28778 One Phone: 828-296.45001 FAX: 828-299-70431 Customer Service: 1-877-623-6748 NOrttlCdT011nr'l Internet. www.ncwaterquality.org NaturallyAn Equal Opportunity 1 Affirmative Action Employer Compliance Inspection Report Permit: NCS000179 Effective: 04/14/00 Expiration: 04/30/05 Owner: Colbond Inc SOC: Effective: Expiration: Facility: Colbond Inc County: Buncombe 1451 Sand Hill Rd Region: Asheville Enka NC 28728 Contact Person: Ray Ackerman Title: Phone: 828-667-7277 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Jekn"`% NAUWt'f 4AVa7 Related Permits: Drj TX4AKA-&L Inspection Date: 0812512009 Entry Time: 10:00 AM Primary Inspector: Susan A Wilson Secondary Inspector(s): Jeff Menzel Reason for Inspection: Routine Permit Inspection Type: Stormwater Discharge, Individual Facility Status: ❑ Compliant ■ Not Compliant Question Areas: 0 Storm Water (See attachment summary) Certification: Phone: Exit Time: 01:15 PM Phone: 828-294-4500 Phone: Inspection Type: Stormwater Page: 1 Permit: NCS000179 Owner- Facility: Colbond Inc Inspection Date: 08/25/2009 Inspection Type: Stormwaler Reason for Visit: Routine Inspection Summary: Division of Water Quality staff (Susan A. Wilson and Jeff Menzel) met with Mr. Jeremy Nauert (Quality, Health, Safety and Environmental Manager) at the site on August 25, 2009. Colbond extrudes polymer pellets to manufacture nonwoven fabric used for carpet backing, in the construction industry, etc. Part of the north end of the site has been sold to Fletcher Partners and is in the process of demolition. Colbond owns the southern portion of the site and leases much of that space. A non-profit corporation (Enka Water Control) was formed among the various site owners to control the dike, flood pumps, and outfalls. This scenario makes for complications in determining an appropriate monitoring outfall that is the sole responsibility of Colbond and that will be representative of runoff from Colbond's site. A tour was conducted of the exterior of the facility, observing the potential stormwater exposure areas, outfalls, and site conditions During the visit, the Stormwater Pollution Prevention Plan manual was reviewed, operational activities and existing stormwater exposures were discussed. The stormwater permit is currently up for renewal and some of the proposed changes were discussed with Mr. Nauert (especially regarding the "tiered" aspect of the permit). As noted in the inspection questionnaire section, the stormwater pollution prevention plan has not been properly updated (this plan should be updated within 90 days of the effective date of the new permit and annually thereafter). Due to the state of flux of the site, the qualitative and quantitative monitoring was not conducted as required by the permit. Based on conversation with Mr. Nauert during the site visit, and resolution of the appropriate monitoring areas - this noncompliance will be remedied after issuance of the current permit (if not before). Secondary containment surrounds existing fuel tank areas. The size of the secondary containment is unknown - but should be stated and provided within the stormwater pollution prevention plan. Any stormwater from the these areas can be pumped out (after ensuring there is no petroleum contamination). No vehicle maintenance is conducted on -site. Again, at this time the Division and Mr. Nauert determined the northern edge of the property line at the east side ditch is an appropriate location for analytical and qualitative monitoring. As disLAsed on -site, Colbond may also wish to perform analytical monitoring upstream of its site to ensure that any runoff from upstream impacts do not adversely affect Colbond's analytical monitoring results. The monitoring location for the west side is a bit more complex. Monitoring may need to be continued at the existing westside outfall location if the upstream storm drain area is not feasible. In addition, the stormwater drains should be reviewed more thoroughly in light of the current demolition to determine what drainage pipes are still viable and what Colbond is responsible for. Colbond should discuss with this office what the final decision is with regard to qualitative and analytical monitoring sites for the west side of the facility. The Division recomends Colbond work with its nonprofit partner, Enka Water Control, to ensure that the stormwater outfall (westside) remains clear of debris and the vegetation is trimmed enough to allow easy access. Page: 2 Permit: NGS000179 Owner -Facility: Colbond Inc Inspection Date: 08/2512009 Inspection Type: Stormwater Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ®❑ ❑ ❑ # Does. the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does,the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ i # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does, the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: The stormwater pollution prevention plan has not been updated annually as required by the permit. The plan needs to be updated with respect to the current conditions (the division of property) and it needs to be updated annually. The older plan did have the majority of components listed above, but the permittee should ensure the all components of the stormwater pollution prevention plan are included and updated. The Division will require the updated plan to be completed within 90 days of the effective date of the new permit. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? 0111111 Comment: Not all the required qualitative monitoirng was performed - only through November 2007 (parts of the site were sold and there was confusion regarding the monitoring). The Division worked with Mr. Nauert regarding the best potential sites for qualitative and quantitative monitoring. While the east side point has been determined - there are still issues to be worked out regarding the best monitoring site for the west side. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Page: 3 Permit: NGS000179 Owner- Facility: Colbond Inc Inspection Date: 08/25/2009 Inspection Type: Stormwater Reason for Visit: Routine Comment: Some of the analytical monitoring was performed -but not all that was required (due to the flux with some of the site being sold off, etc.). As stated previously, the Division worked with Mr. Nauert regarding the best potential monitoring sites. The lapse in monitoring should not occur in the future. Permit and Outfalls # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment: Again - due to parts of the site being sold off - the Division is working with Colbond/Mr. Nauert regarding optimal monitoring sites that are reflecting of what Colbond is responsible for at the site. Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ 0 ❑ ■ Page:4 ^ems. NCDEE R FILE North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 18, 2013 Bonar Jeremy Nauert 1301 Sand Hill Rd Enka, NC 28728 SUBJECT: Compliance Evaluation Inspection Bonar Non -Contact Cooling Water Permit No: NCG500608 Buncombe County Dear Mr. Nauert: On September 4, 2013, 1 conducted an inspection at the Bonar facility in Enka NC. Present during the inspection were Landon Davidson with the Division of Water Resources, Ben Farmer and Earl Cheatham with Bonar, and Dan March with Pisgah Environmental Services. The facility has a General Wastewater Permit (NCG500608) for the discharge of Non -Contact Cooling water into waters of the State. However, it was reported during the inspection that Bonar is not discharging this water into the nearby receiving stream, but into the Metropolitan Sewerage District (MSD) sewer system. Therefore, the subject permit is not needed and it is suggested that Bonar rescind this permit. To rescind this permit simply send me (Linda.Wiggs anncdenr.gov) and Bob Sledge (Bob.Sledge(cDncdenr.gov) with the Central Office permitting staff an email stating the permit is no longer needed by Bonar. I will confer with Bob Sledge there is no longer a discharge and the permit can be rescinded. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, �f✓O Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Central Files CEPU-Bob Sledge Asheville Files G:\WQ\SWP\Buncombe\Wastewater\General\Non-contact NCG50\Colbond Bonar\CEI.09-2013.Ltr.doc Water Quality Section —ASHEVILLE REGIONAL OFFICE _ g Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 N ne Carolina Phone: (828) 296-4500\FAX: 828 299-7043 Qtlfl'Q!!�J Internet: www,newaterguality orc United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Wqtpr Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 1 51 31 NCG500608 111 121 13/09/04 117 181 C I 191c I 20I LJ l IJ Remarks 21I1'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self-Monitonng Evaluation Rating B1 CA ---------------------------Reserved --- 67I 169 701 I 711 I 721 N I 73I I 174 75I I I I I I I 180 l� `J ryJ Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 13/09/04 12/08/01 Boner Exit Time/Date Permit Expiration Date 1301 Sand Hill Rd Enka NC 28728 12:00 PM 13109/04 15/07/31 Name(s) of Onsite Representative(s)(Titles(s)/Phone and Fax Number(s) ll Other Facility Data Name, Address of Responsible OffciaUTitle/Phone and Fax Number Contacted Jeremy Nauert,1301 Sand Hill Rd Enka NC 28728//828-665-5089/8286655002 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations R Maintenance Records/Reports N Self -Monitoring Program Facility Site Review I. Pretreatment Effluent/Receiving Waters ■ Storm Water Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Dale Linda S Wiggs ARO WQ11828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCG500608 I11 12I 13/09/04 17 18u (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Present during the inspection were Landon Davidson (Division of Water Resources), Ben Farmer and Earl Cheatham (Bonar), and Daniel March (Pisgah Environmental Services). With the assistance of Mr. March, Bonar personnel attempted to delineate historic pipelines, their contents, point of origin and endpoint. Their evaluation determined all pipes that carry any type of wastewater go to the onsite lift station for discharge to the Metropolitan Sewerage District (MSD) line. The content of these lines is comingled industrial process wastewater, domestic wastewater, non -contact cooling wastewater, along with ground water infiltration and stormwater inflows (I & 1). If indeed all wastewater from this facility is discharged to MSD and not to waters of the State, then it is not necessary to maintain wastewater permit coverage. The current water quality permit (NCG500608) held by Bonar is a General Wastewater Permit specifically for the discharge of Non -Contact Cooling wastewater to waters of the State. No other wastewater (i.e. industrial process wastewater, domestic wastewater) can legally be discharged with this General Permit. Therefore, the comingled wastewater mentioned above is not allowed to be discharged to waters of the State under this permit, under any circumstances. Bonar would have to apply for an Individual Wastewater Permit if they wanted to discharge those wastewaters to the stream. This site has been down this road historically and had gotten out of the wastewater business when it disassembled/closed out its wastewater treatment units. If you want to discharge under the current General Wastewater Permit you will have to separate out the Non -Contact Cooling water from other wastewater, analyze that water for compliance with the Effluent Limitations in Part I A.(1), and submit up to date Biocide/Chemical Treatment work sheets for each chemical used. Given that Bonar is discharging to the MSD system and not to waters of the State, it is suggested Bonar request the General Wastewater Permit (NCG500608) be rescinded. Page # 2 V Permit: NCG500608 Owner -Facility: Boner Inspection Date: 09/04/2013 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the 'plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ■ ❑ ❑ Judge, and other that are applicable? Comment: Outside the facility was visited, inside was not. See summary. Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ❑ Cl ■ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: The facility currently holds a General Permit for Non -Contact Cooling Water (NCG500608). There are no other water quality permits at this time. Historically there was an NPDES Individual Wastewater Permit (NC0000299) associated with their industrial process wastewater. That permit was rescinded in 2002 when wastewater was pumped to MSD via a lift station. MSD PRETREATMENT NOTE: MSD maintains contact with this facility under their local permits, but does not have Bonar as a SIU/CIU. Page # 3 -----------STORMWATER-DIVISION-CODING SHEET --- -"- PERMIT NO. N c Seoco'I I DOC TYPE ❑ FINAL PERMIT ❑ MONITORING INFO X APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ )-Ok") 00S YYYYM M DD Kucken, Darlene From: Daniel March <pisgah-air@vt.edu> Sent: Monday, July 03, 2017 11:33 AM To: Kucken, Darlene Subject: Fwd: Low & Bonar Darlene: Do you have any additional Low & Bonar information requests other than those listed in our June 6 email? We have most of the information gathered and in a DRAFT response. But, we want to make sure we covered everything necessary. Thanks, Dan March ---------- Forwarded message ---------- From: Daniel March <pisgYah-air cr vt.edu> Date: Tue, Jun 6, 2017 at 11:36 AM Subject: Low & Bonar To: darlene.kucken cr,ncdenr.gov, steve.jenkins2lowandbonar.com Cc: Lisa Manning <manninala@yahoo.com> Ms. Kucken: Thanks for your help at Low & Bonar a couple weeks ago. We really appreciate your advice on our stormwater permit status. We are finalizing a proposal to L&B for work products we discussed during our meeting. We want to ensure that we cover all the issues in the first proposal. L&B has a rigorous contract review process that does not appreciate cost over -runs or contract modifications. Here are the topics we intend to address in a stormwater permit modification: i. Alternate stormwater sampling and analysis plan and sampling locations that attempts to quantify the contributions of L&B process, those of on -site tenants, neighbors, and off -site stormwater contributions. 2. Report to the NC DEQ stormwater staff that quantifies biocide impacts to Hominy Creek. 3. Request a letter from DEQ concerning status of Wolsley Industries uncovered material storage. Do they need a permit? Or, should they have specific conditions under L&B's permit? 4: Request - from the Raleigh Central Office - a change in stormwater sampling locations. 5. Present the results of an on -site sampling and analysis campaign that identifies off -site impacts, equivalent sampling locations, and compliance points that are away from and distinct from newly purchased properties by Fletcher Partners, Enka Partners, and American Recycling. 6. An algorithm or calculation methodology to determine the dilution of L&B stormwater discharges to Hominy Creek. Do you have any other information needs? Thanks, Dan March Pisgah Environmental Services, LLC 9 Woodvale Avenue Asheville, NC 28804 pisgah-air(a�vt.edu - Email www.pispah-air.com - Website 828-768-3335 - Cell 828-255-1092 -fax Pisgah Environmental Services, LLC 9 Woodvale Avenue Asheville, NC 28804 pisgah-air@vt.edu - Email www.pis�4ah-air.com - Website 828-768-3335 - Cell 828-255-1092 - Fax e Kucken, Darlene From: Davidson, Landon Sent: Friday, June 23, 2017 3:00 PM To: Steve jenkins@lowandbonar.com; wayne.merritt@lowandbonar.com Cc: Kucken, Darlene; Wiggs, Linda Subject: Meeting regarding Bonar facility Follow Up Flag: Follow up Flag Status: Flagged Mr. Jenkins and Mr. Merritt - Thank you for taking the opportunity to speak with us regarding the wastewater issue at Bonar facility. The purpose of this email is to capture the salient points of our meeting that include the following: • . Bonar will submit preliminary information to DWR characterizing the wastewater discharge. DWR will use this information to prescribe a sampling plan. DWR understands this information will be submitted within the week and may be in draft form only. The preliminary information will include: o Revised, if any, estimates of the volume of wastewater discharged daily o A list of biocides and any other additives used by Bonar that would be present in the wastewater discharge (to Hominy Creek) o Any biocide worksheets that may exist, whether draft or final form o Any analytical data of the discharge that has not yet been submitted to DWR • Bonar will begin an engineered, wastewater audit to determine/verify all contributing waste streams currently being discharged to Hominy Creek. The final report of the audit must be sealed by a NC Professional Engineer. This same information will be valuable in completing an application for a discharge permit if elected. Please report to the Division once a timeframe for completion of this study has been established. • The June 28`" meeting has been cancelled. A new meeting time will be established once DWR receives additional information. DWR also requests the following items: • Bonar provide an estimate of the costs to pump and haul the current wastewater discharge • Please explain why the current wastewater discharge cannot be captured and discharged to the MSD POTW • Please list any changes in the quality or quantity of the current discharge compared to the quality and quantity of the discharge previously covered under NCG500608 Please understand that the meeting's discussion nor the request for items listed above constitute, in any way, approval by the DWR to allow the continued discharge of wastewater to Hominy Creek. The continuation of an unpermitted discharge represents a continuing violation of NCGS 143-215.1. Please contact Linda if you should have any questions regarding these items. Regards, Landon G. Landon Davidson, P.G. Regional Supervisor —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. Davidson(, ncdenr.00v 2090 U.S. Hwy. 70 Swannanoa, N.C.28711 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor MICHAEL S. REGAN r Secretary Water Resources S. JAY ZIMMERMAN 8nvironmental Quality Direclor June 16, 2017 CERTIFIED MAIL # 7016 1370 0001 6571 9512 RETURN RECEIPT REQUESTED Low and Bonar, Inc. Steve Jenkins PO Box 1057 Enka, NC 28728 Received Subject: Notice of Violation and Intent to Assess Civil Penalty - J U N 2 1 2017 NOV-2017-DV-0148 Incident No.: 201701034 Land Quality Section Low and Bonar —1301 Sand Hill Road Asheville Buncombe County, N.C. Dear Mr. Jenkins, On June 15, 2017, the Division of Water Resources (DWR) Asheville staff received correspondence from you regarding wastewater discharge to waters of the State from the subject facility. Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of the Department of Environment & Natural Resources to protect and preserve the water resources of the State. The Division of Water Resources has the delegated authority to enforce adopted water pollution control rules and regulations. Based on your notification, the following violations were noted: Violation I. Discharge Without a Valid Permit G.S. 143-215.1 (a) states that no person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: G.S. 143-215.1(a)(1) - Make any outlets into the waters of the State. lthing, Compares::-.::,: State of Noah Carolina I Environmental Quality I Water Resources 2090 U S. Higlnvay 70, Swannanoa. North Carolina 28778 828-296-7500 ft G.S. 143-215.1(a)(2) — Construct or operate any sewer system, treatment works or disposal system within the State. G.S. 143-215.1(a)(6) -Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. A Notice of Violation/ Intent to Assess Civil Penalty is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide information regarding the noted violations or discuss overall compliance, please resp6nd in writing within ten (10) business days after receipt of this Notice. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. DWR may pursue enforcement actions for this and any additional or continuing violations. If you have any questions concerning the matter, please contact Linda Wiggs of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davi son, P.G. Regional Supervisor Water Quality Regional Operations, DWR Asheville Regional Office cc: DWR WQROS Asheville Files DWR Enforcement Unit — John Hennessy DENILR ARO Stan Aiken G:\WR\WQ\Buncombe\Complaints\20170I034 Low and Bonar\N0V(N01)-2017-DV-0148.docx Kucken, Darlene From: Davidson, Alison Sent: Tuesday, May 23, 2017 4:18 PM To: steve.jenkins@lowandbonar.com; pisgah-air@vt.edu;-manningla@yahoo.com Cc: Kucken, Darlene Subject: Low and Bonar Facility - Buncombe Co. Attachments: DWR Letter Bonar Facility.pdf; Inspection Report Sept2013 NCG500608.pdf Steve et al., Thank you for the meeting yesterday. Attached is a letter and inspection report that will clarify and answer some of the questions raised during yesterday's meeting regarding the wastewater discharges (specifically, see page 2 of the attached inspection report). I've discussed the wastewater issue with the Division of Water Resources and Linda Wiggs will follow-up with you as she covers Buncombe County. I've copied Darlene Kucken on this email so that you'll have her contact information for the stormwater piece. Please let me know if I may be of further assistance. Very Best, -Alison Alison Davidson Environmental Assistance Coordinator Division of Environmental Assistance and Customer Service Department of Environmental Quality 828 296 4698 Direct 828 296 4500 Asheville Regional Office (switchboard) Alison. Davidson na ncdenr.gov 2090 U.S. Hwy. 70 , Swannanoa, NC 28778 -�Nothing Compares... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Kucken, Darlene From: Davidson, Alison Sent: Tuesday, February 21, 2017 10:20 AM To: Kucken, Darlene Cc: steve.jenkins@lowandbonar.com Subject: Low and Bonar Facility, Enka - Individual Permit # NCS000179 Follow Up Flag: Follow up Flag Status: Completed Hi Darlene, I realize you are currently out, but I wanted to touch base with you on behalf of a DEQ customer. Mr. Steve Jenkins, the Environmental Health and Safety Manager for Low and Bonar, is requesting assistance on a stormwater permitting issue (NPDES Stormwater Individual Permit # NCS000179). In short, they are working toward getting ISO 14001 certified and they've hired a local consultant (i.e., Pisgah Environmental) to assist with this effort. During this process, they've discovered some stormwater issues and I will note their key concerns/discussion points below: 1) ., Observation of multiple contributing entities that are feeding into their stormwater system 2) Discuss existing sampling points and the potential need for new sampling locations 3) Next steps and modification of existing permit to incorporate new sampling points, if decided I've worked with Mr. Jenkins in the past on some other issues and he was the lead contact as a former Steward with our Division's Environmental Stewardship Program. Mr. Jenkins has asked to meet with us and their consultant onsite at your earliest convenience. I've explained that DEMLR is the jurisdictional authority for the NPDES stormwater permitting and they are seeking guidance to address the above concerns. When you return, will you let me know of some potential meeting dates/times that will work with your schedule? Then, I'll coordinate with Mr. Jenkins and their consultant. Thanks so much, Alison Davidson Environmental Assistance Coordinator Division of Environmental Assistance and Customer Service Department of Environmental Quality 828 296 4698 Direct 828 296 4500 Asheville Regional Office (switchboard) Alison. DavidsonC5ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, INC 28778 c; < ` Nothing Compares_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. STORMWATER DISCHARGE OUTFALL (SDO) ANNUAL SUMMARY DATA MONITORING REPORT (DMR) / SPPP Annual Update DATA REVIEW FORM Calendar Year a n / 3 Individual NPDES Permit No. NCS❑0 ©1610©® or Certificate of Coverage (COC) No. NCG❑❑❑❑❑❑ Received This monitoring report summary of the calendar year should be kept on file on -site with the facility SPPP. FEB 2 9 2016 �. Facility Name: 04AA %/V Land Quality Section County: It,nNr�ryl�j!^ one Number: (Q �) GGS - ODD Total no. of SDOs monitored L Asheville Outfall No. l Is this outfall currently in Tier 2 (monitored monthly)? Yes ❑ No Was this outfall ever in Tier 2 (monitored monthly) during the past year? Yes ❑ No If this outfall was in Tier 2 last year, why was monthly monitoring discontinued? Enough consecutive samples below benchmarks to decrease frequency ❑ Received approval from DWQ to reduce monitoring frequency ❑ Other ❑ Was this SDO monitored because of vehicle maintenance activities? Yes ❑ No Swu-2tin - ueneriC ,vnnuai umN Last revised 51172013 C �1 Additional Outfall Attachment Outfall No. . �;L— Is this outfall currently in Tier 2 (monitored monthly)? Was this outfall ever in Tier 2 (monitored monthly) during the past year? If this outfall was in Tier 2 last year, why was monthly monitoring discontinued? Enough consecutive samples below benchmarks to decrease frequency ❑ Received approval from DWQ to reduce monitoring frequency ❑ Other ❑ Was this SDO monitored because of vehicle maintenance activities? Yes ❑ No Received Yes ❑ No F E 8 2 9 2016 -` Land Quality Section Asheville Yes ❑ No SWU-264 - Generic Annual DMR Last revised 51172013 SAMPLING S1 0 i G'Vr AREA NO. S 29 ACRES I• 2 4Z I• • .700 fey t A.._.A tarrnwoter drainage z,,vto watershed boundary direction of drainage "I grassed area .n a.M BASF STORMWATER DISCHARGE MAR EPA APP IC MN FOR P'EKMIT TO .01SCOVARlE ST RMAWWrEs AZ S C rM INM27RIAL ACTT Ml HENDON ENGINEERING µASSOCIATES, INC4 v Y r N v M1 w3. dt N. tom: ]•N�r A aN,^ • PMW 1 ,,1No ®-: s, n .s y PUMP 60 r § ..__ +amw.-® ya, n�.'a.:�r. -_•• 9 PSSz.' ePr' , V Y SAMPLING SITE NO. 2 mum 92 �--SAMPUNG SITE NO. 3 (4r C.M•P.) ti 1 NO. 3 51 ACRES r� q �60q h { AREA MO 2 12 s.. a � WI OUTDOOR HANDLING, STORAGE do DISPOSAL SITES OF SIGNIFICANT MATERIALS 1) Coal Pile (open storage with containment wall). 2) Salvage Yard (open storage of scrape metal). 3) the Pad (open storage of clean recyclable metal drums & old machinery/equipment). 4) No. 2 Fuel Oil Storage Area (tanks with secondary containment). 5) No 2 Fuel a/ Unloading Area (with curbed containment). 6) r ulfuric Acid Tank (with secondary containment). 6a) Salfurlc Add Tank (with secondary containment). 7) Phosphoric Acid Tank (with secondary containment). INDOOR STORAGE OF SIGNIFICANT MATERIALS 70) Phosphoric Acid Unloading (with secondary conoa/nment). 15) Pulp Storage Building/Chemica/ Storage Area (drums with secondary containment). 8) Capro/actan Tank Car Un/ooding Area (with recovery catch basin). 16) PCB Contaminated Material Storage Area (drums/transformers with secondary containment). g) Capro/actan Wash Water Unloading Area (with curbed containment). 10) Won 6 Chip Loading Area 11) Uquid Nylon 6 Finish Unloading Area (with secondary containment) 12) Used Ethylene G/yco/ Recycling Area (with curbed containment) and Uved Lubricating Oil Storage Area (with curbed containment). 13) Polyester Chip Unloading Area• 14) Landfl (buried fly ash). ,y r - M . a 7I}!r-• Y)i f: 1 ':Y' l J r Y- i iG'd�;' . , a''"'., ;-::.f.i'•. ,�<. -� s)f r.y ^'r a -t• I. . .•. la ...yT ., F. R` 1 'a ,J.,y to 'yt`,,.`i �, ��,S.I f"' f�{�it17�:.y 1i !�'�'.�4a :s• F =Y'�. y: 'Y,ic .. t'Cyy� -r '•.:'y •r.. S/ Y �y/•{ Y.,. g�. :+' ��• 1F' I, 1F �. .1 4i -'«Z [. 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'C' .� F t:f,r. i•,R '�, SRr r / : �}j/ v'v? r `t+ `" "`/!t. •., :�. q 7v: , r4,,', Site Number Description of Facility a' r ./ `'"'• •• ; e:'`jsF� i-'+}��,�.'. yl e.- •' _ ' x •� ,�;51s YS �`, ••�+ .i ya_ �•v.�J'• 1 [` a , 7r f v't .` a�%S fa[ ••. >< '�4• ,.'h. '3 tiQYr. _" . � : �-` .ln : �,s�, : West Outfal) \.•1,' ` ; ' � �•yt r4 �"�,` .r ,.. 4 ; R i _ . = i• r ��a 1,• #2 East Outfallr _ r ill' ,Lr� - i .j.. pS'/ %�'Y'S kT i` f'./•'.:+' '.. .,,�•,•: _ '.<_.: ;krr .� ' ^ _ rrFl. Colbond Chemical Storage : :,. k , i•; .yak' ,.fr g J � • ' r' •f . ?. .•, ,. � ,, #qS': F�/�� ;; ' L #4 BASF Chemical Storage f. ).. % !. :J� �+_ !f"•'^? _ �• t L;'a � f:.`• rS. 4. ,:s ,j'.J' � 9 ;'t; 5, �i g •'�. - o�G _'if %• ,/ F :.�''� _ :r r -.�#a -i' fl'=Y�, r jt. 4 , : A• , f"t..i �,i./. Y(`t 0 Power House i. , - sa�'i"F` •l. � -.� ,�:ri.,r r. /��//Ii�•��!r- '.� y ;J.;r' „� .,... j jy(F,/ .,*-F,''• .,.t �t{r� < ; > •i °` - ; '' ;. � - 96 Shakespeare Manufacturing / i. r �•��`•i: �jt '.!+',. F k l'iIL,- 6 ,ft!'. !! i,yE,+ r h p ! / ,. :Yt •. �; .:"[- r ..r� y _ r .1 r `. •_ ' _ t #7 Basofil Manufacturing f a• I �,�L ,!i? A{f,Air •i / ^s?:�.+ �'-� ! f' �-, 4, r ``fir .' , t.IT'i: � �.'t`.:� f t'1 t 9 �1'� ��, Its :f j • ••'�i. r. a �1� •: as ' Colbond, 2-15, 0 e " �� �_� _� J . (•' j{ ..,! y �, z . t . M8 DD Fuel Oil Storage e f- ;a r.rfr••1• •q.i NDT.E�+" jl'1'.•'•rP k4' ,,a FY - 2'4y •!�si rAL l . a �• r_ i• • . u sJ r .. - f rK #T 1 I. TOPOGRAPHIC SURVEY DATA AND SITE INFORMATION PROVIDED FROM A SURVEY MAP TITLEU ! a ," k LANDFILL_ ENKA NORTH -A's^ luf• - t. r 'n r, s r �► ' 1- 2� COLBOND SITE MAP r 97054RE0- PR P a BY a T - PLANTINQ NO. - Jf' - 1;: 4 i i` 9Ji •_;. Y is _QN CANY - ANn sllw c o 7` +•y(, # . tr•r�j .. J " $_ 'l . ;' -•! , ,s�i t r - - ! �� �f P_O. DRAWER 7'squ FIFi['uca u-�` (.r ;,c f i!� ff� � .. •� ,ry ,�' .•i� ii `JAY r �,,. '� -� �� Jit. �rA" s T,: lI t.R"t �k :'i��,rE �"rid ty�� �"1 r "s,' r• 'f`� il' :;: • 2 LOCATION OF INDUSTRIAL ACTIVITIES 2. TJUS MAP WAS COMPILED FROM "'STING MAPS AND PHOTOGRAPi1S, AND ` ;. �i •t �� � � �� :.,t � '� >�_: 5i • � .r ' - _ .. -'' rry,•1 kr fit: i,', f j r - .f � SCALE: 1 inch 300 feet' DOES NOT REPRESENT AN ACTUFI FIELD SURVEY. //• 3. MAP REFERENCES: MAP FNIIILEE TCHISEN BIGGSRTTY OF BASF CORPORATION'ASSOCIATES. DATE: MARC119, 2001 300 0 300 600 TDPDGRAPFIICLL SURVEY OF BUNCOMBE COUNTY BY: L ROSE91 KIMBALL AND ASSOCIATES SCALE IN FEET DATE: 1998 5' CONIOUR LINES MAP FNiITLEr "BASF CORPERA71ON INDUSTRIAL LANDFILL" t = 300' BY: HAMPTOI`, "I"IZ, AND ASSOCIATES DATE: DEC£MiER 19. 1997 DIGITAL OR1143 PHO70'S OF BUNCOMBE COUNTY BY: L. ROBEFr KIMBALL AND ASSOCIAiES DATE: 1998 Facility: Date: Location Address: COC#: G Contact Name: Phone #: Contact Mailing Address: County: Directions: Routine -Compliance Inspection Rescission Request Complaint Investigation Other - Explain: A Storm Water Pollution Prevention Plan Yes No N/A Comments 1 Is a copy of the permit and the Certificate of Coverage available at the site? nn yJCR e n 2 Is a copy of the signed and certified SWPPP at the facility? 3 Does the Plan include a "Narrative Description of Practices"? 4 Does the plan include a general location (USGS) map? S Does the plan include a detailed site map including outfall locations and drainage areas? 6 Does the plan include a Spill Prevention and Response Plan? (SPRP) 7 Does the plan include a Preventative Maintenance and Good Housekeeping Plan? B Does the plan include a Stormwater Facility Inspection Program? 9 Does the Plan include a BMP Summary? 10 Does the plan include a list of Responsible Party(s)? 11 Has the SWPPP been implemented? B Monitoring and Records Yes No N/A 1 Does the plan include a list of significant spills occurring during the past 3 years? 2 Does the facility provide and document employee training? 3 Has the facility conducted its Qualitative Monitoring? (semi- annual) / 4 Has the facility conducted its Analytical Monitoring? (s-a) 6 Is the facility meeting all permit specified benchmark goals? 6 Is the facility following the tiered response? 7 Has the facility conducted its Analytical Monitoring from vehicle Maintenance areas? C Waste Management Yes No N/A 1 Does the facility provide all necessary secondary containment? 2 Are current BMPs in material storage areas adequate? 3 Are appropriate spill containment and cleanup materials kept on site and in convenient locations? D Outfalls Yes No N/A 1 Were all outfalls observed during the inspection? 2 If the facility has representative outfall status, is it properly documented by the Division? 3 Has the facility evaluated all illicit (non stormwater) discharges? E Sector specific questions Yes No N/A 1 Have zinc or copper benchmarks been exceeded in the past 3 sampling periods? 2 Have potential sources for copper and zinc been evaluated at your facility? 3 4 5 ' JC.CO z°iV� y� dl.uS�rseS�S ceS f Im 2 a Low & Bonar Inc. - Stormwater Exhibit 2. West Ditch — Discharge to Hominy Creek: Existing Compliance Point Pisgah Environmental Services 9 Woodvale Avenue Asheville, NC 28804 828-768-3335 pisgah-air@vt.edu Low & Bonar Inc. - Stormwater Exhibit 3. East Ditch —Floodgate: Proposed Compliance Point East Ditch (previous stormwater cornpliance point). East Ditch Flood Gate (new stormwater comoliame point). Exhibit 3a. Stormwater Discharge Point (Flood Gate) Pisgah Environmental Services 9 Woodvale Avenue Asheville, NC 28804 828-768-3335 pisgah-air@vt.edu Low & Bonar Inc. - Stormwater Previous Fact Ditch Stormwater and Process Cooling Water Discharge. Note mingling ordischarge water and ditch cater. Stonnwater Discharge Poim for American Recycling. Exhibit 4. East Ditch — Discharge to Un-Named Tributary to Hominy Creek: Existing Compliance Point Pisgah Environmental Services 9 Woodvale Avenue Asheville, NC 28804 828-768-3335 pisgah-air@vt.edu Low & Bonar Inc. NC DEQ Stormwater Section Meeting Agenda — November 15, 2017 Stormwater System Compliance Issues 1. Non -contact cooling water discharges are co -mingled with stormwater discharges at the exit of the Slim Tank; which is the new wastewater compliance point. 2. Stormwater are measured in the Flood Gate immediately upstream of the East Ditch; which was the previous stormwater AND wastewater compliance point. Discharges include contributions from American Recycling. Overview of Stormwater Changes Since May 2017 Prepared new facility maps/figures with updated changes to wastewater and Stormwater lines. 1. Re-routed non -contact cooling water piping from direct stormwater discharge to indirect discharge via the Slim Tank. a. Chiller Water Cooling Tower System (058) b. Compressor Air Cooling Tower System (054) c. Cooper Cooling Tower System 2. Re-routed non -contact Boiler Condensates from direct stormwater discharge to MSD discharge. a. Receivers b. Drip Legs 3. Installed discharged water and stormwater flow sensors that provide flow rates on gallon per minute, gallon per day, and a non-resettable totalizer. Note: Have on -site NWS meteorological station. a. Slim Tank: Process Water b. Flood Gate: Stormwater/Discharged Water 4. Installed discharged water de -chlorination system. 5. New Stormwater Sampling Locations. These sampling points are immediately upstream of the property boundary. a. From East Ditch to Flood Gate b. From West Ditch to Manhole 17 Policy changes a. Connections to stormwater downcomers re -piped to MSD b. Inlet protection. c. SPCC d. SWPPP e. Stormwater Sampling Plan 7. Should American Recycling have a Stormwater permit? RE Low&Bonar Progress through performance DaterFime of Spill: Location: Materials Involved: Quantity of Spill: Quantity Recovered: Methods of Recovery: Injuries Involved: Potential Hazards: EMS-EF-002 Rev. 0 Spill Incident Report 09 NOV 2017/discovered 09:30 est. release 07:30 Discovery in East -Ditch Flow Monitoring .Vault % Source from Stormwater Inlet located on American Recycling Property East of the Vault. Hydraulic Oil from 'a.Paper Recycling Shredding Truck belongingto Shred - it Unknown Unknown —Still Recovering Material with Spill Booms from Mountain Environmental 'I. Closed the flood gates Cad 0945 to Hominy Creek to prevent.Release of Oil booms. sheen. Human Health: None Classified as non Hazardous Oil. Environmental: Negative Impacts on Equatic Life and Flora Response Actions: See Methods of Recovery above. Also Booms to remain in place unt residual discharges have ceased. Notified D. Kucken'NC'DEO 9 NOV Oil Waste: Auantity to be Determined... Mountain Environmental Disposal. Summary: Page I of 2 Diagram of the spill area: Responders: S. Jenkins P. Wells Mountain Environmental Jeff Davis .. D. Trantham Completed by: Steve Jenkins, HSE Manager Spill: X Drill: S. Lannina Joe Davis Date: 10 NOV 2017 Page 2 of 2 J:.Patrick: Price 26 Zephyr Drive Asheville NC 28806 1 Phone/Fax: (828)252 1118; 4 r r.. ,.:_ yr `r•.• J ((t i J i ✓ i � Y r I' :! �,.. u 1 4 :. e-mail patrickprc@aol com r " ip l i October,^18 2004 < M } FR/ r ot 10 ;Ken Pickle Sto'rmwater and General. Permits Unit; f North Carolina Dept Of Environmeht and Natural Resources r . 512 N. Salisliury.$treet Raleigh; NC 27604 ``.Dear Mr: Pickle Enclosed are two copies, of the NPDES Stormwater PermitRenewal for Colbond, Inc "Permit Number.;NCS000179: THe current permit expires` on April 30 2005'' You will notice that there is.only one setof monitoring results (Item.#2) When the permit ? "jwas transferred.'from.BASF .to Colbond in 2002, _we were' informed•'by. bASF^that 'no monitoring`results.were tieing required.:. We now,understand,thatihis.was:an; error. on, our ; . p not to perform these analyses,, It is our intention to•collect.samples during the,next art qualifying rain evenY,The,results'will be,forwarded'to your attention upon;receiptof.,the i..... results.•, As noted on the.Renewal41)iication Form, Jeremy Nauert is the permit contact however, Mr. Nauert has only recently.joined the Colbond staff.' The former -contact person Herman Prekke,'has retired,and l was asked,fo.provide the' information for renewal.: Should."you y have, any questions please contact'me instead;;on'Mr. Nauert. ;1 shall work with,hini ensure that he, understands the conditions and7equirements of,the newly issued 'permit i We will,be more. iliger twith,adhering to the conditions of the:ne'w..permit'when issued Srncerely, - 'j n , I ^ : Patr�krPnce - ih c--� Consultant tor-Colbond lnc cc Jeremy Nauert iY e i State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director September 2, 2004 COLBONDINC ATTN: RAY ACKERMAN, OR SUCCESSOR SAND HILL RD ENKA, NC 28728 Dear Permittee: 1� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Renewal Colbond Inc Permit Number NCS000179 Buncombe County Your facility is currently covered for stormwater discharge under NPDES Permit NCSOOO179. This permit expires on April 30, 2005. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least I80 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by April 30, 2005. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid Stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, b 'ILI Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10 % post -consumer paper Y> Cwo'S-GRANfY nowgvVNm�/ PUIR°DU.BWC PEI6l:'OS OW /M:H 20w /� f PVYPS • 00 dW IIM: 1e 4Y Am A50N4CE PfM � �- vuwvm D vc vElWaos a' Ixw now 1 �/ aae 114D00 aw 1 / �.% f s rorAc�n.an cw ''"°�>%•% WWT °�L `�`- SWIRLING SqE OUIFALL N0. 1 i ����I 7W ( `" r� — Mcp WEST SIDE O /NAGS 945/N �MIPLING S/IE `OUTF No. z £A^.T ORt'N ORQ/AKWI AREA NC, 4 29 ACRES AREA.,NC. 2 0 I , T 2 ARFA YY GC V � �u Scan cnrE :%i V - -- AREA NO I ® PL/yY7 SITE ONFAU N \ 42 ACREROO S (�!� ' �pFFsne�xAtvAce aAnN AREA xo.� - .� 49 i i � " 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." Signature Date C 61A For questions, contact your local Regional Office: NQ Reqional Office Contact Information: Received FEB 2 9 2016 Land Quality Section Asheville n a EIEVTLLGfREGNAOFFIC — — ,.. FAYETTEVILLF.+REGIONAli�OFFICE s MOORESYILI;E RECIONA�L OFFICE 225 Green Street 610 East Center Avenue/Suite 301 2090 US Highway70 Swannanoa, NC 28778 Systel Building Suite 714 Mooresville, NC 28115 (828) 296-4500 Fayetteville, NC 28301-5043 (704) 663-1699 910 433-3300 RAL`EIGHSREGIONAL.OFF.ICE W ASHINGTON:REGIONAliOFFICE W1tiMINGTONIREGIONALOFFIC-E 3800 Barrett Drive 943 Washington Square Mall 127 Cardinal Drive Extension Raleigh, NC 27609 Washington, NC 27889 Wilmington, NC 28405-2845 (919) 791-4200 (252) 946-6481 (910) 796-7215 WINSTON-SAEEMIREGIONA0�0FFICE CENTRNli 2FITICE 1617 Mail Service Center ^T6presente,piotecf ; 585 Waughtown Street Winston-Salem, NC 27107 Raleigh, NC 27699-1617 a and enhance # 336 771-5000 (919 807-6300 NoilN1Carolmasivater SWU-264 - Generic Annual DMR Last revised 5,1172013 Herbert, Laura C From: Georgoulias, Bethany Sent: Thursday, February 05, 2015 9:12 AM To: Herbert, Laura C; Alexander, Laura Cc: Kucken, Darlene; King, Melissa; Davidson, Alison Subject: RE: Bomar NCS000179 Buncombe Yes, Laura, you are correct. We are woefully behind on our individual renewals, and so it may be some time before we get to it. You advised him accurately. If you point Mr. Jenkins to the DENR application tracker and type in the permit number, you will find the information to verify that application is in house and in review: http://portal.ncdenr.org/web/deao/permit-tracker LM Bethany Georgoulias, Environmental Engineer NCDENR / Division of Energy, Mineral, and Land Resources Stormwater Permitting Program 1612 Ytail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6372 (phone); 919 / 807-6494 (fax) Website: hltp://portal.ncdenr.org/web/Ir/stormwater E-mail correspondence to and from this address miry be subject to the North Carolina Public Records lam and nmy be disclosed in third parties. From: Herbert, Laura C Sent: Thursday, February 05, 2015 9:08 AM S To: Georgoulias, Bethany; Alexander, Laura Cc: Kucken, Darlene; King, Melissa; Davidson, Alison Subject: Bonar NCS000179 Buncombe Bethany and Laura, Alison had a call from Mr. Steve Jenkins from Bonar inquiring about his expired permit (expired 10/31/2014). He is very concerned that his permit is expired but they did submit a renewal application last year in April and have a receipt from SW that it was received on 4/7/2014. 1 just want to confirm that the facility is "authorize to discharge beyond the expiration date" pursuant to Part III, Section B.1 of the permit which states: "In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date." Since the facility appears to have met this condition, they are still in compliance. Is this correct? Thanks! Laura Laura Herbert, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR-Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel:828-296-4500 Fax:828-299-7043 http://Portal.ncdenr.org/web/I r Notice: E-mail correspondence to and from this address may he subject to the North Carolina public Records Law and therefore may be disclosed to third parties unless the content is exempt by statute or other regulation. NCDENR North Carolina Department of Environment and Natural Res Fil!, urcbs SEP - 9 2009 Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director J -- "— Secrefary September 4, 2009 Mr. Jeremy Nauert Colbond, Inc. 1451 Sand Hill Road Enka, North Carolina 28728 Subject: Draft NPDES Stormwater Permit Permit No. NCS000179 Colbond, Inc. . Buncombe County Dear Mr. Nauert: Enclosed with this letter is a copy of the draftstormwater permit foryour facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains.' Please note that due the new site configuration, the SPPP must be updated and put mi place within 90 days of the effective date of the final permit. The draft permit contains the following significant changes from this facility's current permit: Analytical monitoring changes: 1. Analytical monitoring parameters have been continued in this permit. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event: If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow' within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Fxceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months: If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1 and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. Wetlands and Stonnwater Branch _- One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NOYtrr{C.c7COhllc`l Location: 512 -8 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919$07-63001 FAX: 919-807-64941 Customer Service:)-8778238748 - - m InteeC www.ncwalerquality.org (�{16�N1'{L[� An Equal Opportunity 1 Af lrmao've Action Employer Mr. Jeremy Nauert Colbond, Inc. Permit No. NCS000179 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the permitted timeframe then the requirements shall apply. Other permit changes: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must. contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requiremenits for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4 The facility must now implement a semi-annual Facility Inspection Progiam'ofthe—site s stornwater'--`--- management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in about two months. If you have any questions or comments concerning this draft permit, contact me at (919) 807-6375 or robert.patterson@ncdenr.gov Sincerely, ;C1442) ei�� Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: 'Asheville Regional Office, Susan Wilson Stormwater Permitting Unit Attachments Permit No. NCS000179 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carol ina(Grene tar tar Statut le 43-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water,P-ollution Control Act, as amended, is hereby authorized to,discharge stormwater from a facility located at Colbond, Inc. 1451 Sand Hill Road Enka, NC Buncombe County to receiving waters designated as Hominy Creek, a class C stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI hereof. Note: Draft Permit Dates are Approximate This permit shall become effective November 1, 2009. This permit and the authorization to discharge shall expire at midnight on October 31, 2014. Signed this 30`h day of October, 2009. for Coleen H. Sullins Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000179 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location I PART II Section A: Section B: Section C: Section D: PART III MONITORM DISCHARGE Stormwat4 Analytical Qualitativ On -Site V PERMITTED STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability I. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers i Permit No. NCS000179 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Re1SSuance, or Termination 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I.. Representative Sampling 2. Recording Results 3. Flow Measurements 4. 'Pest Procedures 5. Representative Outfall v 6. Records Retentions 7. Inspection and,Entry�> Section E: Reporting Rmeu egmrets 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5.. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS ii Permit No. NCS000179 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No Exposure Certification must submit a No Exposure Certification N01 form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge undera valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once every f ve (5),years!!� SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked; the'bermittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system that has been adequately treated and managed in accordance with the terms and conditions ofthis individual permit. All stormwater discharges shall be in accordance�with,the conditions of this permit. Any other point source discharge to'surface waters of the state is prohibited unless it is an allowable non- stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discha ges allowed by this individual permit shall not cause or contribute to violations of Water Quality / Standards. t L This permit does not relieve the pennittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page I of 2 SECTION C: LOCATION MAP Permit No. NCS000179 NCS000179 Colbond, Inc. Colbond, Inc. Latitude: 350 32' 37" NJ Longitude: 820 39' 14" 'a'J County: Buncombe Receivina Stream: Hominy Creek & UT Stream Class: C Sub -basin: 04-03-02 (French Broad River Basin) ��ti?�Y►`.�cea�flJ 1±v% ts• Facility Location Part I Page 2 of 2 Permit No. NCS000179 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part 111, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: /\/� (a) A general location map (USGS quadrangle map or appropriately drafted equivalent snap), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving waterO to�vliieh the stormwater outfall(s) discharges, or if the discharge is to a municipal separate stornisewer system, the name of the municipality and the ultimate receiving..waters;�'and accurate latitude and longitude of the point(s) of discharge. The general'loeation map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or is located,in a watershed for which a TMDL has been established and what the paranheter(s) of concern are. \\ > (b) A narrative description ofjstorige practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants which could be expected to be present in tie s�wter discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary, the stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads), site topography, all drainage features and structures, drainage areas for each outfall, direction of flow in each drainage area, industrial activities occurring in each drainage area, buildings, existing BMPs, and impervious surfaces. The site map shall include a distance legend and must indicate the percentage of cacti drainage area that is impervious. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the three (3) previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part 111, Standard Conditions, Section B, Paragraph 5. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Part 11 Page 1 of 8 Permit No. NCS000179 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the pernnittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of.exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination., (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage+in any amount of Section 313 of Title III of the Superfund Amendments and Rea uthonzation,Act (SARA)water priority chemicals; and storage in any amount of hazardous substances, ih.order to prevent leaks and spills from contaminating stormwater runoff. A'table.or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are coinected to` stormwater conveyance systems, the connection shall be controlled by m dually activated valves or other similar devices (which shall be secured closed with a,locking mechanism), and any stormwater that accumulates in the containment area shalfbe at a minimum visually observed for color, foam, outfall staing;�isible �sheens.and dry weather flow, prior to release of the accumulated stormwater: Accumulated stormwater shall be released if found to be uncontaminated by y materlaLfRecords documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be,,0pt for a,period of five years. (c) BMP Summary. A -listing of site structural and non-structural Best Management Practices (BMP)-shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant qutiiltities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. Part I I Page 2 of 8 Permit No. NCS000179 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed. The program shall list all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded in writing and maintained in the SPPP. Employee Training. Training programs shall be developed and'training provided at a minimum on an annual basis for facility personnel with responsibilities,for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel.(or team) responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. �� \ 6. Responsible Party. The Stornnvater Pol position(s) responsible for the overall t( to the Plan. Responsibilities for all com assignments provided. v t\ eniioh Plan shall identify a specific )development, implementation, and revision the Plan shall be documented and position Plan Amendment., The permittee shall amend the Plan whenever there is a change in design, construction, operation,.oi,,i aintenance which has a significant effect on the potential fertile discharge of pollutants toysurface waters. All aspects of the Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual update shall include an updated list of significant spills or leaks of pollutants for the previous three years, or the notation that no spills have occurred. The annual update shall include written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. Each annual update shall include a documented re-evaluation of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management Plan. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been made. 8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half of the year (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring required in Part 11 B and C of this permit. Part I I Page 3 of 8 Permit No. NCS000179 9. Implementation. The permittee shall implement the Plan. Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or the Director's authorized representative immediately upon request. SECTION 13: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a representative storm event. The required monitoring will result in a minimum of ten analytical samplings being conducted over the term of the permit at each stormwater discharge outfall (SDO). Sampling results shall -be reportedlas described in Part III, Section E. A L A representative storm event is a storm event that measures, eater'tham0.I inches of rainfall. The time between this storm event and the previous storm event measuring greater than 0.1 inches must be at least 72 hours. A single storm event may have a period of no preci'p Cation of up to 10 hours. For example, if it rains but stops before producing any collectable discharge, a sample may be collected if the next rain Droducine a dischame begins within 10 hours. /, )/`\ " Table 1. Analytical Discharge Measurement Frequency t Sample Sample Characteristics Units Type2 Location3 Total Suspended Solids ! l mg/L semi-annual Grab SDO COD, Chemical Oxygen mg/L semi-annual Grab SDO Demand H standard semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain Gauge Footnotes t Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting - cycle. 2 Grab samples shall be collected within the first 30 minutes of discharge. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. Part 11 Page 4 of 8 Permit No. NCS000179 The permittee shall complete the minimum ten analytical samplings in accordance with the schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two response. Table 2. Monitoring Schedule Monitoring period1,2 Sample Number Start End Year l —Period 1 1 November 1, 2009 April 30, 2010 Year 1 — Period 2 2 May 1, 2010 October 31, 2010 Year 2 —Period 1 3 November 1, 2010 April 30, 2011 Year 2 — Period 2 4 May 1, 2011 October 31, 2011 Year 3 — Period 1 5 November 1, 2011 April 30, 2012 Year 3 —Period 2 6 May 1, 2012% October 31, 2012 Year 4 —Period 1 7 Novembeij,'2012 April 30, 2013 Year 4 — Period 2 8 May�1�'2013 �`% October 31, 2013 Year 5 — Period 1 9 November 1, 2013 April 30, 2014 Year 5 — Period 2 10 _Ma:`,l_, 2014 October 31, 2014 Footnotes: 1 Maintain semi-annual monitoring during permit re�njewal li ocess./The applicant must continue semi-annual monitoring until the renewed permit is issued. �f / 2 If no discharge occurs during the sampling period, the pe mince must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. The permittee shall report the analytical results from the first sample with valid results within the monitoring period. The permittee shall compare monitoring results to the benchmark values in Table 3. -The benchmark values in Table 3 are not permit limits but should be used as guidelines for the pennittee's Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the pennittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions of Tier One and Tier Two. Table 3. Benchmark Values for Analvtical Monitoring Discharge Characteristics Units Benchmark Total Suspended Solids mg/L 100 COD mg/1 120 PH standard 6-9 Part 11 Page 5 of 8 Permit No. NCS000179 Tier One If. The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: I . Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedence. 3. Identify.potential, and select the specific: source controls, operational controls, or physical improvements to reduce concentrationsof the parameters of concern, or to bring concentrations to within the benchmark range. .4. Implement the selected actions within two months of the inspection. 5. Record each instance of a Tier One response in the Stornnvater•Pollution Prevention Plan. Include j \// the date and value of the benchmark exceedence, the�inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. Tier Two If: During the term of this permit, the first valid sampling results\are above the benchmark values, or outside //. of the benchmark range, for any specific parameter atai,. s'ifi pecc? discharge outfall two times in a row (consecutive); Then: The permittee shall: I. Repeat all the required actions outlined `above in Tier One. 2. Immediately institute monthly monitoring f r all parameters at every outfall where a sampling result exceeded the benchmark value or two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range, for ,all parameters at that outfall. 3. If no discharge occurs d'uring.the sampling period, the permittee is required to submit a monthly monitoring report indicating "No.Flow." 4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan. _ During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may, but is not limited to: • require that the permittee increase or decrease the monitoring frequency for theremainderof the permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require that the permittee implement site modifications to qualify for the No Exposure Exclusion. Part11 Page 6 of 8 Permit No. NCS000179 This site discharges to impaired waters experiencing problems with biological integrity. If a Total Maximum Daily Load (TMDL) is approved for this segment of Hominy Creek, the permittee may be required to monitor for the pollutant(s) of concern in the future and submit results to the Division of Water Quality. The Division will consider the monitoring results in determining whether additional BMPs are needed to control the pollutant(s) of concern to the maximum extent practicable. If additional BMPs are needed to achieve the required level of control, the permittee will be required to (I) develop a strategy for implementing appropriate BMPs, and (2) submit a timetable for incorporation of those BMPs into the permitted Stortnwater Pollution Prevention Plan. SECTION C: ,QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each outfall status; and shall be performed as specified in Table analytical monitoring is not required, the permittee still nn In the event an atypical condition is noted at a storm the suspected cause of the condition and any actions documentation will be maintained with the SPPP. , Table 4. Qualitative Monitoring regardless of representative tical monitoring event. [If teal qualitative monitoring.] fi charge outfall, the permittee shall document in response to the discovery. This Discharge Characteristics Frequency] Monitoring _ Location2 Color -,semi-annual loaf SDO Odor semiannual SDO Clarity { i �.semi-annual SDO Floating Solids �_ s mi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the semi-annual SDO outfall Other obvious indicators semi-annual SDO of stormwater pollution Footnotes t Measurement Frequency: Twice per year during a representative storm event, for each year until either another permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. 2 Monitoring Location: Qualitative monitoring shall be performed at each storntwater discharge outfall (SDO) regardless of representative outfall status. Part I I Page 7 of 8 Permit No. NCS000179 SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 5. This monitoring shall be performed at all stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). All analytical monitoring shall be performed during a representative storm event. Table 5. Analytical Monitorin<( Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units' Measurement Frc fiche I Sample Type2 Sample ' Location3 PH standard semi-annual Grab Y SDO Oil and Grease m 1 semi annual SDO Total Suspended Solids mg/1 semi-annual �jGrab Grab SDO Total Rainfall4 inches sen i-annual Rain gauge New Motor Oil Usage I gallons/month ;mi-annual I Estimate Footnotes: I Measurement Frequency: Twice per year d permit is issued for this facility or until this the permittee has submitted the appropriate permittec will be considered for a renewal the renewed permit is issued. See Table 21 cycle. ,•/j''"""'� 2 Grab samples shall be representative storm event, for each year until either another is revoked'/or rescinded. If at the end of this permitting cycle ork,fora renewal permit before the submittal deadline, the on. The applicant must continue semi-annual monitoring until lute of monitoring periods through the end of this permitting 30 minutes of discharge. 3 Sample Location: Samples shall -be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain gauge reading must be recorded. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but should be used as guidelines for the pennittee's Stormvater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require die pennittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs), as provided in Part 11 Section B. Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge Characteristics Units Benchmark pl-1 standard 6-9 Oil and Grease mg/L 30. . Total Suspended Solids mg/L 100 Part 11 Page 8 of 8 Permit No. NCS000179 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stonnwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit, shall.be accomplished within.12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time applying for renewal under this permit: The Stormwat implemented prior to the beginning of discharges fron updated thereafier on an annual basis. Secondary con 2(b) of this permit shall be accomplished prior to the] industrial activity. /I 2. Duty to Comply ;ting,facilitiespreviously permitted and [ion Prevention Plan shall be developed and !ration of the industrial activity and be 1, as specified in Part 11, Section A. Paragraph g,of discharges from the operation of the The permittee must comply with all'conditions,of this individual permit. Any permit noncompliance constitutes a violation of the Clean Water Act.and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application. a. The permittee shall comply.with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitio s, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water.Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: NC General Statutes 143-215.6A]. PartI I I Page I of 8 Permit No. NCS000179 4. 6. f.� d. Any person may be assessed an administrative penalty by the Director for violating section 301, 301 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any Of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the inaximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed S 10,000 per day for each day during which the violation continues, with the maximum amount of any Class I I penalty not to exceed $125,000. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual permit which has a.reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal Liabilii Except as provided in Part III, Section C of this permit nothing in this individual permit shall be construed to r liabilities, or penalties for noncompliance pursuant to t 215.6C or Section 309 of the Federal Act, 33 USC 131 consequential damages, such as fish kills, even though temporarily suspended. /I--- Oil and hazardous Substance Liability ;ing of stormwater control facilities, tee;from any responsibilities, 143-215.6A, 143-215.613, 143- the permittee is responsible for for effective compliance may be Nothing in this individual permit shall be construed [o preclude the institution of any legal action or relieve the permittee from any responsibihties,liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or.Section3l,l-of the Federal Act, 33 USC 1321. Property Rights The issuance of this indivdual-permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Severabilitv The provisions of this individual permit are severable, and if any provision of this individual permit, or the application of any provision of this individual permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this individual permit or to determine compliance with this individual permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this individual permit. Part III Page 2 of 8 Permit No. NCS000179 Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this individual permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required tobe maintained under this individual 'permit, including monitoring reports or reports of punished by a fine of not more than $10,000 per vl per violation, or by both. SECTION R: GENERAL CONDITIONS Individual Permit Expiration The permittee is not authorized authorization to discharge beyd required by the agency authoriz permittee that has not requested have a permit after the expi fatic ll subjected to enforcement proce Transfers' :e shall, upon conviction, be for not more than two years fter the,ezpiration date. In order to receive automatic on date, the pennittee shall submit forms and fees as are III ts no later than 180 days prior to the expiration date. Any ist 180 days prior to expiration, or any permittee that does not requested renewal at least 180 days prior to expiration, will be led in NCGS § 143-2153.6 and 33 USC 1251 et. seq. This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. The Permittee is required to notify the Division within 90 days in writing in the event the permitted facility is sold or closed. SiLu atory Requirements All applications, reports, or infonnation submitted to the Director shall be signed and certified. a. All applications to be covered under this individual permit shall be signed as follows: (1) In the case of a corporation: by a principal executive officer of at least the level of vice- president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the permit application form originates; (2) In the case of a partnership or limited partnership: by a general partner; (3) In the case of a sole proprietorship: by the proprietor; Part I I I Page 3 of 8 Permit No. NCS000179 H a C. (4) In the case of a municipal, state, or other public entity: by a principal executive officer, ranking elected official, or other duly authorized employee. All reports required by the individual permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named.position.); and " (3) The written authorization is subm Any person signing a document wider paragraphs a. or b. of this section shall make the following certification; which shall not be modified in.any way:: "I certify, under penalty of law, that direction or supervision in accordan properly gather and evaluate the infi persons who managedhc�system or information, the information submit and complete. I am aware that -there, including the possibility of fines anc i document and all attachments were prepared under my vith a systemdesigned to assure that qualified personnel r atiomsubmitted. Based on my inquiry of the person or se,persons directly responsible for gathering the is, to the best of my knowledge and belief, true, accurate significant penalties for submitting false information, prisonment for knowing violations." The issuance of this individuahpermit does not prohibit the Director from reopening and modifying the individual permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al: Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any individual permit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with this Individual Permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the Individual Permit. Part I I I Page 4 of 8 Permit No. NCS000179 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this individual permit. 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittec for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineeringjudgment to preventaa bypass which occurred during normal periods of equipment downtime or preventive mamtenance; and n The permittee submitted notices as required If the Director determines that it will meet the three anticipated bypass after considering its adverse effe SECTION D: MONITORING AND Representative Sampling III, Section E of this permit. above, the Director may approve an Samples collected and measurementstaken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins orris diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this individual permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; C. The analytical techniques or methods used; and f. The results of such analyses. Part I I I Page 5 of 8 Permit No. NCS000179 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures 5. 6. 7. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this individual permit, all test procedures must produce minimum detection and reporting levels and all data.generated must be.reported down to the minimum detection or lower reporting level of the procedure. N� Representative Outfall If a facility has multiple discharge locations with s required to be sampled, the permittee may petition established that the stormwater discharges are sub! representative outfall status, then analytical sampl of outfalls. /�f , Records Retention Jcal stormwater discharges that are representative outf'all status. If it is I and the permittee is granted may be performed at a reduced number Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies ofanalytical. monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this individual permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other- documents as may be required by law, to; - a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this individual permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this individual permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this individual permit; and d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part I I I Page 6 of 8 Permit No. NCS000179 SECTION E: REPORTING REQUIREMENTS 2. 4. Discharge Monitorin¢ Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Divisi n, except upon DWQ's specific requirement to do so. Submitting Reports Two signed copies of Discharge Monitoring In addition, a separate signed Office (RO) by March I of ea Addresses for each RO on site. Visual monitoringresul specifically requested by DWQ. Availability of Reports . . 16 be submitted to: 27699-1617 DMR copy shall be submitted to the local DWQ Regional covered by each RO can be found here: rcaionaloffices.html. The permittee shall retain the completed originals should not be submitted to the Regional Offices or Central Files unless Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the individual permit or subject to notification requirements under 40 CFR Part 122.42 (a). PartI I I Page 7 of 8 Permit No. NCS000179 6. 7. 8. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the individual permit requirements. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twentv-four Flour Reportin_ The permittee shall report to the central office or the may endanger health or the environment: Any infori the time the permittee became aware of the circumst within 5 days of the time the permittee becomes awa The written submission shall contain a noncompliance, including exact dates anticipated time compliance is e pectc prevent reoccurrence of the noncompl. The Director may waive the within 24 hours. A Other Noncompliance regional'office any noncompliance which be provided orally within 24 hours from it -ten submission shall also be provided noncompliance, and its causes; the period of e noncompliance has not been corrected, the steps taken or planned to reduce, eliminate, and a case -by -case basis if the oral report has been received The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in an application.for an individual permit or in any report to the Director, it shall promptly submit such facts or information. Spills The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as defined in Part VI of this permit. Additionally, the permittee shall report spills including: any oil spill of25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Part III Page 8 of 8 Permit No. NCS000179 PART IV LIMITATIONS REOPENER This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or b. Controls any pollutant not limited in the individual permit. The individual permit as modified or reissued under this Act then applicable. J PART V ADMINISTERING AND REQUIRGI The permittee must pay the administering and complian the Division. Failure to pay the fee in timely manner in Division to initiate action to revoke the.lndividual Perry I. Act See Clean Water Act. 2. Arithmetic Mean other requirements in the E MONITORING FEE tg fee within 30 (thirty) days after being billed by with 15A NCAC 2H .0105(b)(4) may cause this DEFINITIONS The arithmetic mean of any set of values is the summation of.the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or fire -fighting training. Parts IV, V and VI Page 1 of Permit No. NCS000179 4. Hest Management Practices (HMPs) Measures or practices used to reduce the amount of pollution entering surface waters. HMPs may take the form of a process, activity, or physical structure. More information on HMPs can be found at: littp:Hcfptib.epa.gov/npdes/stormwater/nienuofbmps/index.cfin. 5. Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Hulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or,with multiple above ground storage containers located in close proximity to each other having.a total combined storage capacity of greater than 1,320 gallons. 7. Clean Water Act The Federal Water Pollution Control Act, also USC 1251, et. seq. 8. Division or DWG The Division of Water ' 9. Director The Director of the Di 10. EMC Water Act (CWA), as.amended, 33 and Natural Resources. the permit issuing authority. The North Carolina Environmental Management Commission. I I. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 12. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 31 1 of the Clean Water Act. 13. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 14. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town. Part V I Page 2 of 5 Pages Permit No. NCS000179 15. M 17. 18. 19. 20. 21 No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. D WQ may grant a No Exposure Exclusion from NPDES Stonnwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR § 12226(g). Permittee The owner or operator issued a permit pursuant to this individual permit. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which,stonnwaterJs or may be discharged to waters of the state. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event measuring greater than'0:1 inches must be at least 72 hours. A single storm event may have a period of no precipitation of up to, 10'hours�,_For example, if it rains but stops before producing any collectable discharge, a sample may be collected_if.the next rain producing a discharge begins within 10 hours. // ��y--� �i Representative Outfall Status'/ � When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls;the,DWQ may grant representative outfall status. Representative outfall status allows the permittee'to perform analytical monitoring at a reduced number of outfalls. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event Section 313 Water Priority Chemical A chemical or chemical category which: Is listed in 40 CFR 372.65 pursuant to Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA Title 111, Section 313 reporting requirements; and Part VI Page 3 of 5 Pages Permit No. NCS000179 23. 24. 25. 26. 27 28. 29. C. That meets at least one of the following criteria: (1) Is listed in Appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 31 1(b)(2)(A) of the C WA at 40 CPR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. Severe Property Damage Means substantial physical damage to property, damage to the control -facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe propertydamagedoes not mean economic loss caused by delays in production. /( /�\ '..�/ Significant Materials Includes, but is not limited to: raw materials; fuel s;mateials such as solvents; detergents, and plastic pellets; finished materials such as metallic products;.raw.ntatenals used in food processing or production; hazardous substances designated under section' 10 ] (14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title Ill of SARA;_fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potenttiia\l;ttoo bbe released with stormwater discharges. Stormwater Discharee Outfall�(SDO) - The point of departure of sto"rniwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which Stormwater flows direrindirectly into waters of the State of North Carolina. Sitmificant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.16 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CPR 302.4). Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. - Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying Stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. Part VI Page 4 of 5 Pages Permit No. NCS000179 30. 31 32. 33. 34. Total Maximum Dailv Load (TMDL.) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain dater quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, airport deicing operations. Visible Sedimentation Solid particulate matter, both mineral and gravity, or ice from its site of origin which The maximum 24-hour years. 0 l.% dcle cleaning operations, or >een or is being transported by water, air, the unaided eye. to be equaled or exceeded, on the average, once in 25 Pail VI Page 5 of 5 Pages Patterson, Robert From: Nauert, Jeremy [Jeremy.Nauert@colbond.com] Sent: Friday, May 29, 2009 11:55 AM To: Robert Patterson Subject: RE: NCS000179 - renewal Attachments: Colbond Image 1.jpg; Colbond Image 2.jpg; Colbond Image 3.jpg Robert, I was assembling information to mail to you in, print form but then realized that I could copy images from the Buncombe County database (http://gis.buncombecounty.org/website/sid3//viewer.htm?Title=Buncombe%20County%20GIS%2OPrope rty%20Information%2oSystem) that may be more helpful and illustrative. I.am attaching three images to which the information below refers:' 1. Colbond Image 1 shows a broad aerial photo of the present Colbond property boundary (parcel 9617411991, total 60.79 acres) and surrounding properties, including the property owned by Enka Water Control Corporation (a 501-C non-profit corporation, with 33 1/3 percent ownership by Colbond, parcel 9617349076). The Enka Water Control parcel includes the dike surrounding the original property and the two stormwater discharge outfalls (#1 & #2) identified in the original permit renewal application. 2. Colbond Image 2 shows a closer image of the Colbond parcel 9617411991 and the southern end of the Enka Water Control parcel 9617439076. 3.Colbond Image 3 shows a closer image of the northern end of the Enka Water Control parcel 9617439076, with the locations.of Outfall #1 and outfall #2 approximately indicated. As these images indicate, Colbond sold a significant portion of its property. The sale was completed and recorded 18 July 2008. At the same time, a non-profit corporation was established, and ownership of the surface water control elements (dike, flood pumps, outfalls, etc.) was shared among the owners, with Colbond retaining 33 1/3 percent ownership. This entity is a registered 501-C named Enka Water Control Corporation. Colbond's SIC code continues to be F2-297} We have no underground storage tanks on the site. The(above-ground storage_tanks are; the natural gas tank indicated on the original permit renewal application,(two_#2 fuel oil storage tanks indicated on the original permit renewal application and one small (<500 gallon) tank containing diesel_fueh for vehicle use. Other bulk containers are for liquid Nitrogen and pelletized polymer raw materials for our processes. The BASF -owned landfill is completely closed and retired. I believe the State entities they were working with can confirm this. As far as I am aware, we do not know the intentions of the new owners of the former Colbond property, other than to remove most of the existing buildings, which is in process. The Department of Transportation is in the process of significantly widening Sand Hill Road, but this does not alter the property boundaries described here. Robert, I welcome your further inquiry and greatly appreciate any assistance you can provide in establishing our new permit. Kindest regards, Jeremy Nauert 1 QHSE Manager Colbond, Inc. P.O. Box 1057 Enka, NC 28728 USA 828-665-5089 Direct 800-365-7391 Toll Free 828-337-3532 Mobile 828-665-5002 Fax jeremy.nauert@colbond.com www.colbond.com -----Original Message ----- From: Robert Patterson[mailto:Robert.Patterson@ncmail.net] Sent: Monday, April 20, 2009 8:40 AM To: Nauert, Jeremy Subject: NCS000179 - renewal http://h2o.enr.state.nc.us/su/Forms_Documents.htm#miscforms Robert D. Patterson, PE y Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 (919) 807-6375 Phone 1 (919) 807-6494 Fax Email: robert.patterson@ncmail.net Website: http://h2o.enr.state.nc.us/su/stormwater.html *Please consider the environment before deciding to print this email* E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. z If you have received this e-mail in error please notify the originator of the message. This footer also confirms that this e-mail message has been scanned for the presence of computer viruses. Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Colbond. Scanning of this message and addition of this footer is performed by SurfControl E-mail Filter software in conjunction with virus detection software. This communication may contain confidential, proprietary or legally privileged information. It is intended for the person(s) to whom it is addressed, only. If you are not an intended recipient, you may not read, use, retransmit, disseminate or take any action in reliance upon it. Please notify the sender by return e-mail that you have received it in error and immediately delete the entire communication, including any attachments, from your system. Colbond does not encrypt and cannot ensure the confidentiality or integrity of external e- mail communications and, therefore, cannot be held responsible for any unauthorized access, disclosure, use or tampering that may occur during transmission. This communication is not intended to create or modify any obligation, contract offer, contract, acceptance of a contract offer or warranty of Colbond, unless the firm clearly expresses such an intent. This e-mail does not constitute consent to the use of the sender's contact information for direct marketing purposes or for transfers of data to third parties. 7 R - - I r ) , - I I c,s —1Z CA-P.LJE 000i� _.y C �N3 �z"S ilvl'ri 0 v , .-D I/rr?5 < cj y nNv l r4 , Ca �f7f d �=/5-'7 r �Q , SI,}•�! N e -5 o 2 -J .&N -- —' -XY4,D a zh ti yng M is r 5„� �� � iv.2 1�� •_� 5,�.,� Ma wF�s �'cy .�f � �k`_�r t� .Drsr>bsz� 7 b OWN 'ti'n/i l2T S c ltu� Dr,cyi s— e4 hla5r SiDc (To (LNoW N4A T F C.Fe v9— P&L—j 0*2-5 f5 )Q $t T 6 iw NYLON �cwvn / �� - 'ii2.K�' — IV(dAlWU"vo`N� .,DkfL �S f 1i J A;L po G j �sgZirlolJ �j-1 Crli�_� c) N k l j f�i F�1c�z_fs—a th�'is� s b� 5(, G ,:�Fo a 4� 4 COLBOND -F,ax:8286655002 Set) 16 2004 16:30 p.02 s �egw�rEq� 'ERMIT COVERAGE _ RENEWAL APPLICATION FORM Permit Number National Pollutant Discharge Enruination System NCS000179 Stormwater Discharge Permit THIS APPLIC ATION MUST BE SIGNED AND RETURNED ALONG WITH THE REQUESTED SUPPIMAZNTAL INFORMAI ION TO THE DIV. OF WATER QUALITY IN ORDER FOR YOUR FACILITY TO QUALIFY FOR RENEWAL OF YOUR STORMWATER PERMIT NCSOD0179 The following i the information currently in our database for your facility. Please review this information careftilly and make all corrections as necessary in the apace provided to the right of the current information. OWNER RM AA Owner/Org. Na ne: COLBOND INC Owner Contact Mailing Addre: Phone Number: Fax Number E-mail address: FACILMX RMATION Facility Name: COLBONM INC Facility Contac : Facility Addres : 1461 SAND HILL ROAD Phone Number: Fax Number Email address: O M Permit Contact: � _ Je—rel,A4 nr[- 1 Mailing Addres : SAND HH.L RD IINKA. NC 28728 Phone Number: 42966"V; Fax Number: E-mail address: D N Discharge Roca wing Water: HOMINY CREEK 6c UT Stream Class: C Basin: Sub•Baaln #: 040302 Number of outf lis: I certify that I a familiar with the information contained in the application and that to the best of my knowledge and belief such info anon is true, complete and accurate. i Signature I 6z— / '.�t�..C� ___-- Date _ I �T2tCt'c P�2't" Print 4r type name of person signing above Please return completed renewal application form to: Individual Permit Renewal Attn: Aisha Lau Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Title b d I COLBOND Fax:8286655002 Sep 16 2004 16:31 P.04 SUPPLE ENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered c omplete: (Do not submit the site Stormwater Pollution Prevention Plan) Initials QI A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. 2. A summary of Analytical Monitoring results during the term of -the existing peratit+f your --.... .._ _..._.. permit required analytical sampling). I)o not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. * A summary of the Visual Monitoring results, Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. . A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP s is planned, please include information on these BMP's. . A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. rN Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). * if the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) Representative storm sampling may now be conducted anytime during the year (the April to November window has been eliminated) and the representative rainfall event is now defined as it storm event that measures greater than 0.1 inches and is preceded by at least 72 hours in which no storm event treasuring greater than 0.1 inches has occurred. SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT 1.0 A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities should be shown. Attached is a Site Map indicating the location of industrial activities. 2.0 A summary of Analytical Monitoring results during the term of the existing permit. Three parameters were determined in compliance with the Analytical Monitoring requirements. Samples were collected from the two outfalls, East and West, during the rain event. The total accumulated rainfall measured at the SDO was 0.17 inches. The following table indicates the analytical results for the one sampling event of September 16, 2004. C ++ MwWX Parameter West Outfall East Outfall Chemical Oxygen Demand, mg/L 170 31 Total Suspended Solids, mg/L 29 54 pH, Std. Units 6.0 '5.9 , ►ZO 100 The total accumulated rainfall during the event was 0.17 inches. The west outfall collects run-off from Colbond, the Powerhouse, Shakespeare and the filter plant (closed in 2003). The east outfall collected run-off from BASF polymerization and Basofil. The estimated impervious acreage for the west outfall is 40 acres totaling 0,183 million gallons of water discharged from the west outfall and the estimated impervious acreage for the east outfall is 30 acres totaling 0.137 million gallons discharged from the east outfall. The landfill and the area south of the landfill is not impervious and does not discharge through either outfall. 3.0 Summary of Visual Monitoring results A table indicating the results of the visual monitoring is attached. 4.0 A summary of the Best Management Practices utilized at the permitted facility. A short narrative description of the BMP's in place at the facility are indicated below. No vehicles are serviced on site. This is performed off -site by a contractor Fork lift trucks are propane fueled and all servicing is done on -site by an outside contractor All tanks on site have secondary containment There are two new 15,000 gallon tanks for fueling the new steam generating plant. All facilities associated with this operation (tanks and lines) are inside secondary containment. The two tanks also are doubled wall. • All outside storage tanks are checked routinely to ascertain the level of contaminated rain water. If a sheen is present, the liquid is pumped for appropriate disposal. 5.0 A short narrative describing any significant changes in industrial activities at the permitted facility. • Use of the landfill was discontinued in December 2002 and BASF has assumed responsibility for regulatory closure. • The WWTP was closed in August 2003 and all discharges requiring treatment are sent to the local MSD Waste Water Treatment Plant. • The site power house supplies steam for BASF. Colbond has a separate steam generating plant that is fueled by two new 15,000 gallon tanks. All facilities associated with this operation (tanks and lines) are inside secondary containment. The two tanks also are doubled wall. At least one-half of the site is no longer used and the buildings associated with these areas have been abandoned. • No new operations have been started at the site. Presently, there are four manufacturing operations: Colbond, BASF, Basofil and Shakespeare. These four operations employ approximately 300 people. 6.0 Certification of the development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility. The certification is attached. 3.0 Visual Monitoring Results June 2002 - June 2004 Date 6/02W 11/02W 6/03W 12103W 6/04W 6/02E 11/02E 6/03E 12/03E 6/04E Color None None None None None None None None None None Odor None None None None None None None None None None Clarity 1 1 1 1 1 1 1 1 1 1 Floating Solids 1 1 1 1 1 1 1 1 1 1 Suspd Solids 1 1 1 1 1 1 1 1 1 1 Foam No No No No No No No No No No Oil Sheen No No No No No No No No No No Other None None None None None None None None None None COLOOND Fax:8286655002 Set) 16 2004 16:31 P.03 Facility Name: Permit Numbe Location Addy County: C. Division of Water Quality, Stormwater and General Permits Unit COLBONDINC NCS000179 1451 SAND HML ROAD FARMVILLE, NC 27828 BUNCOMBE "I certify, undej penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachmenta were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate. and complete" 7 certify that the SPPP has been developed, signed and retained at the facility location and the SPPP has been fully implemented at the named facility location in accordance with the terms and conditions of the stormwater general permit.,, "I am aware tha there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations" Signature to permit signatory requirements) and return this CeRduation. DO NOT SEND THE t POLLUTION PREVENTION PLAN WITH THE CERTIFICATION. type name of person signing above b Date __ (K— eDc I' O Title SPPP Certification 2/99 Colbond Gte, Enka, NC 20720 62.68333- W 82.66667° W 82.65000° W WG584 82.63333° W ry � f o i• /� ' �.i"1 i � . �'a, "' OUTPNI. A " � • � �` � : ohs �, i �•� � �.. _ _ nw�a a 4 r,, r M • e►� f •t iyx 7`/ �_"� J' M147 iQ ,� Via. , • � " Y o t r r f 82.68333° W 62.66667° W _ 82.650000 W WG58482.63333- W MNF6. FEET 0 J `.1tl i0Q1 NE1ENS Ameed BmmTOP010]L01 NeeodOmpryls }Enlr� (www.topom� Nopmf5rew515. Chroo.'BuildPmfikfromIfi pup -up uptbm menu ofa ��ule. ]NEAIMENI \ .z' cRAvn new ascruaL � /� l PIANr \\\ ,\ Pvwev navy. RLM'G GRfE� � � � LP PrcN rsvw wLs/ vNNavc sr >brl (z j'w i N7 Y Ir IP i9.N9 I I OL']rAILrN W(S) sloe IP OR Mcr Iv � 1L n � ' NOGSE / EFF.1j- :r. . r !�N-roNn.. rowlNl /c u, RJ / /tl/NPS O J.PYJ LPN 'J/4' I}.IXG LPN SA.NPL INC 5/(E OU,A L NO T GSI 0/(CN ORAINAGf WS/N Mw /5 F] RFw w� Ki CPXN.G N. RR) FIGURE NO. 2 STORMWATER PIPING SYSTEM lll�✓/ / / 4w 5 Rn•r •'wf.. •n SaE PUN NKA l_ w Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. Winfred W. Merritt Low & Bonar, Inc. P.O. Box 1057 Enka, NC 28728 Dear Mr. Merritt: PAT MCCRORY Guremnr DONALD R. VAN DER VAART October 28, 2016 TRACY DAVIS Uiructrn' RECEIVED OCT 31 2016 CENTRAL FILES DWR SECTION Subject: NPDES Stormwater Permit NCS000179 Low & Bonar, Inc. Formerly Coldbond, Inc. Buncombe County In accordance with your request received September 23, 2016, the Division is forwarding the subject permit modification. This modification reflects the change in name at the subject facility. Please find enclosed the revised permit cover page. The terms and conditions contained in the Individual Permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions or need further information, please contact the Stormwater Permitting Program (919) 707-9220. Sincerely, Qla�l� 4�� for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land cc: Asheville Regional Office Stormwater Permitting Program Ventral Files State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1512 North Salisbury Street I Raleigh, North Carolina 27699-1612 919 707 9220 T STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT NO. NCS000179 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Low & Bonar, Inc. is hereby authorized to discharge stormwater from a facility located at Low & Bonar, Inc. 1301 Sand Hill Road Enka, NC Buncombe County to receiving waters designated as Hominy Creek, a class C stream in the French Broad River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. Signed this day October 28, 2016. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission IF L ' Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting NCDENR National Pollutant Discharge Elimination System �PERMIT NAME/OWNERSHIP CHANGE FORM EmM.xucn u,o Nmnu Ref0.aC0 FOR AGENCY USE ONLY Date Received Year Month Da 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G S 10 10 FT1 7 9 I N 10 10 It. Permit status prior to requested change. a. Permit issued to (company name): Colbond, Inc. b. Person legally responsible for permit: Jeremy Nauert First MI Last G�\�1G� Global HSE Manager Title vx% PO Box 1057 'Cy Permit Holder Mailing Address Enka NC 28728 DENP�ERP City State "Lip ��OFtM (828) 665-5000 (828) 665-5002 Phone Fax c. Facility name (discharge): Colbond, Inc. d. Facility address: 1301 Sand Hill Road Address Enka NC 28728 City State Zip e. Facility contact person: Benjamin Farmer (828) 665-5000 First / MI / Last Phone Ill. Please provide the following for the requested change (revised permit). 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): c. Person legally responsible for permit: d. Facility name (discharge): e. Facility address: f. Facility contact person: Low & Bonar Inc. Winfred W Merritt First MI Last Manufacturing Manager/Site Manager Title PO Box1057 Permit Holder Mailing Address Enka NC 28728 City State Zip 828)665-5000 wavne.merrittna.lowandbonaccom Phone E-mail Address Low & Bonar Inc. 1301 Sand Hill Road Address Enka NC 28728 City Stephen State C Zip Jenkins First MI Last (828)665-5000 steve.jenkins@lowandbonar.com Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 NPDES PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: First MI Last Title J1 Mailing Address \ „v k City State Zip ( ) Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ 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. The certifications below must be completed and signed by both the permit holder prior to the change, 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, Winfred W. Merritt, 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 supporting information is not included, this application package will be returned as incomplete. V__X/ Zz' � September 20, 2016 Signature Date CERTIFICATION 1, Winfred W. Merritt 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 supporting information is not included, this application package will be returned as incomplete. September 20, 2016 Signatuw Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 NORTH CAROLINA Department of the Secretary of State AMENDED CERTIFICATE OF AUTHORITY I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify that LOW & BONAR INC. is hereby issued an Amended Certificate of Authority evidencing its name change from BONAR INC.. A copy of the application for an amended certificate of authority conforming to the requirements of the general statutes of North Carolina is attached. Scan to verify online. Document Id: C201625900523 verify this certificate online at httpJAvwwsosac.govtverirication IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 15th day of September, 2016. Secretary of State 1 SOSID: 0702533 Date Filed: 9115/2016 3:38:00 PM Elaine F. Marshall North Carolina Secretary of State C2016 259 00523 State of North Carolina Department of the Secretary of State APPLICATION FOR AMENDED CERTIFICATE OF AUTHORITY Pursuant to §55-15-04 of the General Statutes of North Carolina, the undersigned corporation hereby applies for an Amended Catiftcate of Authority to transact business in the State of North Carolina and for that purpose submits the following statement. 1. The name of the corporation is: Bonar Inc. 2. The name the corporation is currently using in the State of North Carolina is: Sonar Inc. 3. The state or country of incorporation is: Delaware 4. The date the corporation was authorized to transact business in the State of North Carolina is: December 12, 2003 S. This application is filed for the following reason (complete all applicable items): a. The corporation has changed its corporate name to: - Low 8 Bonar Inc. b. The name the corporation will hereafter use in the State of North Carolina is changed to: Low & Bonar Inc. c. The corporation has changed its period of duration to: N/A d. The corporation has changed the state or country of its incorporation to: N/A 6. Attached is a certificate attesting to the change, duly authenticated by the secretary of state or other official having custody of corporate records in the state of country of incorporation. 7. If the corporation is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name is attached. S. This application will be effective upon filing, unless a date and/or time is specified: This the 1S day of September , 2016 Low & Bonar Inc. Name orcn� Signature Joe Farm, Secretary 'Type or Print Name and'i ide NOTES: I Filing fm is $75. This application must be Bkd with the Secretary of State. 2. If the rune of the corporation u ehangod is unavailable for use in North Carolina, indicate this fact and auto the name the corporatists wishes to use in North Cerouim oa Sit. (Sm NCGS §55-IS-06) (RavbedJ. .y 2000) .(for. adO) Instructions for Filing CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH. NC 27626-0622 Delaware The First State Page 1 Z, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "BONAR INC.", CHANGING ITS NAME FROM "SONAR INC." TO "LOW 6 BONAR INC.", FILED IN THIS OFFICE ON THE FIFTEENTH DAY OF SEPTEMBER, A.D. 2016, AT 8:48 O'CLOCK R.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE KENT COUNTY RECORDER OF DEEDS. 3729004 8100 SRN 20165791552 You may verity this certificate online at corp.delaware.gov/authver.shtml xe nr N, arYa., y.t�w.7 a 4." Authentication:202995246 Date:09-15-16 Stale of Delaware SKRun' of Suit D'n'irioa of caaponllom Delivered 08:18 AA109115.^.016 FILED OBa8A6109Ai2016 STATE OF DELAWARE Sit 20165191557 - File -Number 5129004 CERTIFICATE OF AMENDMENT OF CERTIFICATE OF INCORPORATION The corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware does hereby certify: FIRST: That at a meeting of the Board of Directors of Bonar Inc. resolutions were duly adopted setting forth a proposed amendment of the Certificate of Incorporation of said corporation, declaring said amendment to be advisable and calling a meeting of the stockholders of said corporation for consideration thereof. The resolution setting forth the proposed amendment is as follows: RESOLVED, that the Certificate of Incorporation of this corporation be amended by changing the Article thereof numbered- Section 1 " so that, as amended, said Article shall be and read as follows: The name of the corporation is Low & Sonar Inc. SECOND: That thereafter, pursuant to resolution of its Board of Directors, a special meeting of the stockholders of said corporation was duly called and held upon notice in accordance with Section 222 of the General Corporation Law of the State of Delaware at which meeting the necessary number of shares as required by statute were voted in favor of the amendment. THIRD: That said amendment was duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware. IN WITNESS WHEREOF, said corporation has caused this certificate to be signed this 15 day of September . 2016 By: Authorized Officer Title: 55UT�y Name: SOE FFERM Print or Type Tel.: 828-665-5000 Bonar Tel.: 800 365 7391 Fax: 828-665-5009 partners In performance info-usaftonarconn September 20, 2016 RE: Administrative Change Request — Name Change for Permit # NCS000179 VIA Certified Return Receipt Mail Division of Energy, Mineral and Land Resources RECEIVED Stormwater Permitting Program 1612 Mail Service Center SEP 23 2016 Raleigh, North Carolina 27699-1612 DEIVR-LAND QUALITY STORMWATER PERMITTING Dear Sir or Madam: On September 15, 2016, Bonar Inc.'s name was officially changed to Low & Bonar Inc. Please make any administrative changes to our stormwater permit to reflect this change. Also please note that person legally responsible for the permit has also changed. Thank you for your help. Respectfully Submitted, Stephen C. Jenkins, CSP, REM HSE Manager Enclosures cc: Winfred W. Merritt, Manufacturing and Site Manager Joe Ferm, Financial Secretary Bonar Inc.: 1301 Sand Hill Road • P.O. Box 1057 • Enka. NC 28728 • USA w .bonaccom f NCS000179 r I SCE. GG.C'� �A �T"fl -_ �RO(;...!�i J ti 41 ll tl i� LI��U t../ NCDENR I _ North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins ` Dee Freeman_.. Governor Director Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Colbond, Inc. (formerly BASF Corp. facility) NPDES Permit Number: NCS000179 Facility Location: 1451 Sand Hill Rd., Enka, NC (BUNCOMBE County) Type of Activity: manufacture non -woven fabrics SIC Code (if applicable): 2297 Receiving Streams: Hominy Creek & UT, See Figure I River Basin: French Broad River Basin, Sub -basin 04-03-02 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See renewal application Response Requested by (Date): July 10, 2009 Central Office Staff Contact: Return to: Robert Patterson, (919) 807-6375 Special Issues: ,•,c. .;� Issue "Ratio"Scale: 1(easy) -to10 hard Compliance history 6 Benchmark exceedance 4 Location (TMDL, T&E 4 species, etc Other Challenges: 5 • Part of site with the SDOs sold off Difficult Rating: 19/40 Special Issues Explanation: o Approximately'/2 the site (northern part) was sold. This northern part is where the 2 SDOs are located. Colbond still owns and operates in the southern section. It is not known at this time what activity will be done on the northern part sold off. Description of Onsite Activities: • Manufacture non -woven fabrics. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database Page 1 of 5 NCS000179 • SPU File • Central Files • 2008 EPA MSGP • 303(d) List, 2006 final • 2005 French Broad Basinwide Plan History: • Date permit first issued: April 14, 2000 • Date ownership changed from BASF to Colbond: July 5, 2002 • Date permittee submitted renewal application: October 18, 2004 • Date northern part of property sold to Enka Water Control Corp.: July 18, 2008 NCS000179 N s Figure 1: Map of Facility Colbond, Inc. Colbond, Inc. Latitude: 350 32' 31' N Longitude: 820 39' la" w County: Buncombe Receiving Sbcam: Hominy Creek & UT Sb'eam Cass: C Sub -basin: 04-03-02 (French Broad River Basin) Facility Location NCS000179 Central Office Review Summary: 1. General Observations: • Site has outside storage tanks with secondary containment o Natural gas tank 0 2 #2 fuel oil tanks o Diesel fuel tank o Liquid nitrogen.tank o Pelletized polymer container No vehicle maintenance operations are done on site 2. Impairment: 303(d) listed for impaired biological integrity. No TMDLs for this stream. The Basinwide Plan states that the stream is impaired due to'nonpoint source pollution most likely from urban and nonurban development and agricultural activities. In 2005 the conductivity was much higher below the former (the W WTP is no longer in service) BASF discharge. Also, there were many pollution tolerant macroinvertebrates collected, suggesting that the stream may be impacted by toxicity. There was also severe habitat degradation including bank erosion and poor riparian buffers. A special study found that many problems this stream may be from development directly next to the stream. 3. Threatened and Endangered: None 4. Industrial Changes Since Previous Permit: o Use of the landfill discontinued in December 2002. Noted that BASF has assumed responsibility for regulatory closure. Closure completed with State entities. o The W WTP closed in August 2003; all ww discharges are sent to the local W WTP. o Added 2 double walled 15,000 gallon fuel tanks (w/ secondary containment) for a steam generating plant. o Approximately'h the site (northern part) was sold to Enka Water Control Corp. This northern part is where the site's 2 SDOs are located. The only activity on that part presently is demolition of the existing buildings. Colbond still owns and operates in the southern part of the original property. Colbond is also part owner of Enka Water Control Corp. 5. Analytical Monitoring Notes: Only 1 of the 4 required monitoring events was submitted with the renewal. Parameters included COD, TSS, and pH. In that single sample, COD was above the current benchmark at the west SDO, and pH was 5.9 (slightly below the minimum benchmark of 6-9) at the east SDO. 6. Qualitative Monitoring Notes: No items of concern were recorded. Monitoring was only performed the last 3 years of the permit, even though it was required all 5 years. Revised Permit Recommendations: Analytical Monitoring: 1. Maintain all parameters from previous permit term. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a Page 3 of 5 NCS000179 mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. 8. Added a requirement to send an annual DMR summary to the RO. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part It Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Discussions with permittee: Jeremy Nauert, 828-665-5089, 4/20/09, 5/29/09 1. Q: rest of monitoring data? Monitoring since renewal submitted? a. ANSWER: no additional data received. 2. Q: Status of the landfill? a. ANSWER: completely closed by BASF 3. Q: List of potential pollutants on site? What are in the tanks mentioned in the renewal application? a. ANSWER: see general observations above. Page 4 of 5 NCS000179 Recommendations: Based on the documents reviewed, the application information submitted on October 18, 2004 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Stormwater Permitting U Date ` F� Date G Concurrence by Regional Office /' `(y��7 Date ! Z RO Water Quality SupmisoDate l Regional Office Staff Comments (attach additional pages as necessary) Can ARO do a site visit to help determine new SDOs? RCIA Sa it r-'a AA%. i :! !J:- Al /j / % u a2 r��./C-i� - -r'�e.;` " (5 571 LL is't/ ✓Sti /cr' w }'z.�r�t 17s' S/ i c .0 7%) 5 u r cc. Z/fcL% o:.rr Y0,ZtJ.- /4,✓ A�a,kl)) N c - c rA.;Df L�.JWr ��' j '7-/ 6?M � Ae A9 i1V �.'l i•=�� S G�,1 CCv11 Ll.(i i(c.:.nl r rllzv rj " i 7(7 i AL D! Page 5 of 5 , - ecaeey Fjce l{k� 3Y}ftfSiY �[gtp¢pek�� y \ � �V�� Sit \\x kk� s � tit Iz a a t;g� gkr�a i r —•1/� y.... [I��� ��1pPSrI �L F \ I 1 Y / I Nauert, Jeremy From: Nauert, Jeremy Sent: Friday, May 29, 2009 11:55 AM To: Robert Patterson Subject: RE: NCS000179 , renewal Attachments: Colbond Image 1.jpg; Colbond Image 2.jpg; Colbond Image 3.jpg Robert, I was assembling information to mail to you in print form but then realized that I could copy images from the Buncombe County database (http://gis.buncombecounty.org/website/sid3//viewer.htm?Title=Buncombe%2OCounty%20GIS%2OPrope rty%20Information%2OSystem) that may be more helpful and illustrative. I am attaching three images to which the information below refers: 1. Colbond Image 1 shows a broad aerial photo of the present Colbond property boundary (parcel 9617411991, total 60.79 acres) and surrounding properties, including the property owned by Enka Water Control Corporation (a 501-C non-profit corporation, with 33 1/3 percent ownership by Colbond, parcel 9617349076). The Enka Water Control parcel includes the dike surrounding the original property and the two stormwater discharge outfalls (#1 & #2) identified in the original permit renewal application. 2. Colbond Image 2 shows a closer image of the Colbond parcel 9617411991 and the southern end of the Enka Water Control parcel 9617439076. 3. Colbond Image 3 shows a closer image of the northern end of the Enka Water Control parcel 9617439076, with the locations of Outfall #1 and Outfall #2 approximately indicated. As these images indicate, Colbond sold a significant portion of its property. The sale was completed and recorded 18 July 2008. At the same time, a non-profit corporation was established, and ownership of the surface water control elements (dike, flood pumps, outfalls, etc.) was shared among the owners, with Colbond retaining 33 1/3 percent ownership. This entity is a registered 501-C named Enka Water Control Corporation. Colbond's SIC code continues to be 2297. We have no underground storage tanks on the site. The above -ground storage tanks are the natural gas tank indicated on the original permit renewal application, two #2 fuel oil storage tanks indicated on the original permit renewal application and one small (<500 gallon) tank containing diesel fuel for vehicle use. Other bulk containers are for liquid Nitrogen and pelletized polymer raw materials for our processes. The BASF -owned landfill is completely closed and retired. I believe the State entities they were working with can confirm this. As far as I am aware, we do not know the intentions of the new owners of the former Colbond property, other than to remove most of the existing buildings, which is in process. The Department of Transportation is in the process of significantly widening Sand Hill Road, but this does not alter the property boundaries described here. Robert, I welcome your further inquiry and greatly appreciate any assistance you can provide in establishing our new permit. Kindest regards, Jeremy Nauert 1 Patterson, Robert From: Nauert, Jeremy [Jeremy.Nauert@colbond.com] Sent: Wednesday, October 14, 2009 1:47 PM To: Patterson, Robert Subject: Re: Draft stormwater permit Yes, please. Jeremy Nauert From: Patterson, Robert To: Nauert, Jeremy Sent: Wed Oct 14 13:46:01 2009 Subject: RE: Draft stormwater permit No problem. I need to update our database with your PO Box number anyways. Is the PO box where you want permit correspondence sent to? Thanks. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mait) 512 N. Salisbury St, Raleigh, NC 27604 (1 ncntion & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax Email: robert.pattersonat ncdenr.gov Website: http://h2o.enr.state.nc.us/su/stormwater.html ABefore printing this email, please consider your budget and the environment. If you must print, please print only what you need and save ink with the free Eco-Font. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Nauert, Jeremy[mailto:Jeremy.Nauert@colbond.com] Sent: Wednesday, October 14, 2009 1:43 PM To: Patterson, Robert Subject: RE: Draft stormwater permit Robert, I spoke with our Site Manager and President, and he believes your information is correct. For correspondence purposes, we have used 1301, but the post office and other government entities have shown our address as 1451 Sand Hill Road, as indicated on the draft permit. I apologize for the confusion. Kindest regards, Jeremy Nauert QHSE Manager ------------------------------- Colbond,Inc. P.O. Box 1057 Enka, NC 28728 USA 828-665-5089 Direct 800-365-7391 Tall Free 828-337-3532 Mobile 828-665-5002 Fax jeremy.nauert@colbond.com www.colbond.com From: Patterson, Robert [mailto:robert.patterson@ncdenr.gov] Sent: Wednesday, October 14, 2009 9:47 AM To: Nauert, Jeremy Subject: RE: Draft stormwater permit Jeremy Can you confirm this? All the information that we have (including'the renewal application) and that EPA has shows the address as 1451. It is easy to change if needed. Thanks. Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax Email: robert.oattersoncr,ncdenr.gov Website: http://h2o.enr.state.nc.us/su/stormwater.html Before printing this email, please consider your budget and the environment. If you must print, please print only what you need and save ink with the free Eco-Font. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Nauert, Jeremy [mailto:Jeremy.Nauert@colbond.com] Sent: Wednesday, October 14, 2009 9:12 AM. To: Patterson, Robert Subject: Draft stormwater permit Robert, I have reviewed the draft stormwater permit No. NCS000179 for Colbond, Inc. in Enka, North Carolina. I have no change requests, other than to clarify the physical address. I believe the proper physical address for Colbond is 1301 Sand Hill Road. Kindest regards, Jeremy Nauert QHSE Manager ------------------------------- Colbond, Inc. P.O. Box 1057 Enka, NC 28728 USA 828-665-5089 Direct 800-365-7391 Toll Free 828-337-3532 Mobile 828-665-5002 Fax jeremy.nauert@colbond.com . www.colbond.com This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the originator of the message. This tooter also confirms that this e-mail message has been scanned for the presence of computer viruses. Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Colbond. Scanning of this message and addition of this looter is performed by SurfControl E-mail Filter software in conjunction with virus detection software. This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the originator of the message. This tooter also confirms that this e-mail message has been scanned for the presence of computer viruses. Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Colbond. Scanning of this message and addition of this looter is performed by SurfControl E-mail Filter software in conjunction with virus detection software. — ' NCS000179 r NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director u u U U iv cuun I L_ i r: J 1NAT� R QUALITY SECTION raLAesources �IONAt o_=ICE _ 1 _Dee Freeman --,I Secretary STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: Colbond, Inc. (formerly BASF Corp. facility) NPDES Permit Number: NCS000179 Facility Location: 1451 Sand Hill Rd., Enka, NC (BUNCOMBE County) Type of Activity: manufacture non -woven fabrics SIC Code (if applicable): 2297 Receiving Streams: Hominy Creek & UT, See Figure 1\` River Basin: French Broad River Basin, Sub -basin 04-03-0 o cP �s Stream Classification: C Proposed Permit Requirements: See attached draft permit. '` Op Monitoring Data: See renewal application Response Requested by (Date): July 10, 2009 Central Office Staff Contact: Return to: Robert Patterson, (919) 807-6375 Special Issues: Issue Rating Scale: 1 eas to 10 hard Com liance history 6 Benchmark exceedance 4 Location (TMDL, T&E species, etc 4 Other Challenges: • Part of site with the SDOs sold off 5 Difficult Rating: 19/40 Special Issues Explanation: o Approximately''/1 the site (northern part) was sold. This northern part is where the 2 SDOs are located. Colbond still owns and operates in the southern section. It is not known at this time what activity will be done on the northern part sold off. Description of Onsite Activities: • Manufacture non -woven fabrics. Documents Reviewed: • NPDES Stormwater Permit Application Materials • National Heritage Program (NHP) Threatened and Endangered Species Database Page 1 of 5 NCS000179 o SPU File o Central Files 0 2008 EPA MSGP 0 303(d) List, 2006 final 0 2005 French Broad Basinwide Plan History: o Date permit first issued: April 14, 2000 a Date ownership changed from BASF to Colbond: July 5, 2002 o Date permittee submitted renewal application: October 18, 2004 u Date northern part of property sold to Enka Water Control Corp.: July 18, 2008 MCS000179 Figure l: Map of Facility Colbond, Inc. Coilmnd, Inc. Latitude: 350 32' 37" N Longitude: 82° 39' 14" W County: Buncombe Receiving Stream: Hominy Creek & UT Stream Class: C Sub -basin: 04-03-02 (French Broad River Basin) r.. Facility Location .-. - � NCS000179 Central Office Review Summary: 1. General Observations: Site has outside storage tanks with secondary containment o Natural gas tank 0 2 #2 fuel oil tanks o Diesel fuel tank o Liquid nitrogen.tank o Pelletized polymer container No vehicle maintenance operations are done on site Impairment: 303(d) listed for impaired biological integrity. No TMDLs for this stream. The Basinwide Plan states that the stream is impaired due to'nonpoint source pollution most likely from urban and nonurban development and agricultural activities. In 2005 the conductivity was much higher below the former (the W WTP is no longer in service) BASF discharge. Also, there were many pollution tolerant macroinvertebrates collected, suggesting that the stream may be impacted by toxicity. There was also severe habitat degradation including bank erosion and poor riparian buffers. A special study found that many problems this stream may be from development directly next to the stream. 3. Threatened and Endangered: None 4. Industrial Changes Since Previous Permit: o Use of the landfill discontinued in December 2002. Noted that BASF has assumed responsibility for regulatory closure. Closure completed with State entities. o The W WTP closed in August 2003; all ww discharges are sent to the local W WTP. o Added 2 double walled 15,000 gallon fuel tanks (w/ secondary containment) for a steam generating plant. o Approximately''/2 the site (northern part) was sold to Enka Water Control Corp. This northern part is where the site's 2 SDOs are located. The only activity on that part presently is demolition of the existing buildings. Colbond still owns and operates in the southern part of the original property. Colbond is also part owner of Enka Water Control Corp. Analytical Monitoring Notes: Only l of the 4 required monitoring events was submitted with the renewal. Parameters included COD, TSS, and pH. In that single sample, COD was above the current benchmark at the west SDO, and pH was 5.9 (slightly below the minimum benchmark of 6-9) at the east SDO. 6. Qualitative Monitoring Notes: No items of concern were recorded. Monitoring was only performed the last 3 years of the permit, even though it was required all 5 years. Revised Permit Recommendations: Analytical Monitoring: 1. Maintain all parameters from previous permit term. 2. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part II Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 3. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in,a tiered program. If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a Page 3 of 5 NCS000179 mitigation plan within two months. If during the term of this permit, the sampling results are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier I and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 4. The permittee is required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 5. The permittee is responsible for all monitoring until the renewal permit is issued. See Footnote I of Tables 1, 4, and 5. 6. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) 7. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. 8. Added a requirement to send an annual DMR summary to the RO. Other Proposed Changes to the Previous Permit: 1. Additional guidance is provided about the Site Plan requirements. The site map must now identify if the receiving stream is impaired and if it has a TMDL established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided. 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part 11 Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Discussions with permittee: Jeremy Nauert, 828-665-5089, 4/20/09, 5/29/09 1. Q: rest of monitoring data? Monitoring since renewal submitted? a. ANSWER: no additional data received. 2. Q: Status of the landfill? a. ANSWER: completely closed by BASF 3. Q: List of potential pollutants on site? What are in the tanks mentioned in the renewal application? a. ANSWER: see general observations above. Page 4 of 5 s NCS000179 Recommendations: Based on the documents reviewed, the application information submitted on October 18, 2004 sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) C/' p Date 'C8- Stormwater Permitting Unit Supervis Date G for r dle ne,� Concurrence by Regional Office- Date RO Water Quality Supervisor "4 � /-7—zl7.L!_A Date 191/31/ Regional Office Staff Comments (attach additional pages as necessary) 'Can ARO do a site visit to help determine new SDOs? T 5 r L).: /AoN / 7 D fz,,` j `)L i o2nt a'4c-9 - rA", z /S OLIT piL(J/i- l5 i4 ki VC.- A c -Co rnJ Di iHe IN5P& rfV1) W r o,. Be Sr�'JT %` YvY . �N plc C0 cri lx; i cif iL 1 r J24r _ r�cc,RSC- �2Zw in'/a�� M f — W V`r.L.d IJN i/L-7-V,7- 7(ofJ 0�.4-^I (,v f��..AC� l,.l /77-hr) ?9 1)A-J5' a� pI Nam' Sri ('v�FifURAI7,o/N D tY�,9%�>� ✓�52� 0 T1 c Page 5 of 5 Clear Creek ]AU# 6-55-11-(1)c and 6-55-11-(5)] 2000 Recommendations Clear Creek is a large tributary of Mud Creek and consists of forested and agricultural land use. Special studies revealed that pesticide runoff from apple orchards were impacting the aquatic organisms in the stream. Local agencies should pursue funding opportunities to reduce nonpoint source pollution and implement BMPs. DWQ will work with the various agencies to conduct further monitoring and assist with locating sources of funding. Current Status Clear Creek, from Puncheon Camp Creek to Mud Creek (8.6 miles), is currently Impaired because of Poor bioclassification at sites B-5 and SB-10 and a Fair bioclassification at site SF-3. Although characterized by impacted aquatic communities, upper segments of Clear Creek, from source to Puncheon Camp Creek (5.2 miles), are Not Rated due to the small stream size at SB-8 and Supporting due to Good -Fair bioclassification at SB-9 and SF-2. Clear Creek was sampled as part of the Mud Creek WARP study. The study determined that the primary cause of impairment in the lower segment is exposure to toxicants most likely associated with farming activities. Habitat degradation and elevated nutrients are secondary issues for the biological community. In addition, two tributaries leading to Clear Creek (Cox Creek and Mill Creek) were identified and characterized by degraded biological communities similar to those identified in lower Clear Creek. NCGLP helped develop a local watershed plan in concert with the Mud Creek Watershed Restoration Council. These plans identify sources of water quality impacts and make recommendations to address these impacts. In the Clear Creek watershed, 1,300 feet of stream restoration has been completed, and 6.4 acres of buffers have been installed as a result of the work of the council. 2005 Recommendations DWQ will continue to monitor the water quality in Clear Creek. High concentrations of metals were found during storm events, and Further study is needed to identify the source of these metals and their impact on water quality. It is recommended that local agencies work with landowners to install BMPs on apple orchards and tomato farms to reduce the amount of pesticides entering the stream. For additional recommendations and water quality initiatives, refer to Mud Creek 2005 Recommendations. 2.3.2 (Hominy_Creck.[AU# 6-716dj J 2000 Recommendations Hominy Creek was Impaired dice to nonpoint source pollution most likely associated with urban and_ nonurban development and agricultural activities. Funding and implementation of agricultural BMPs, including chemical handling facilities, is needed in order to reduce habitat degradation and impacts to water quality from nonpoint sources. DWQ will work with the various agencies to conduct additional monitoring and assist agency staff with locating sources of water quality protection funding. Chapter 2 — French Broad River Subbasin 04-03-02 23 J Current Status Hominy Creek, from the source to Moore Creek (16.1 miles), is Supporting due to a Good -Fair bioclassification at SB-39 and F-4 and a Good bioclassification at site SB-38. Hominy Creek, from Moore Creek to the French Broad River (7.8 miles), however, is currently Impaired due to a Fair bioclassification at site B-8. This site is near the community of Enka, downstream of the BASF discharge. Conductivity was much higher below the discharge, and there were many pollution tolerant macro invertebrates collected, which suggests that this portion of Hominy Creek may be impacted. by toxicity: The stream also has showed evidence of severe habitat degradation including bank erosion and poor riparian buffers. The downstream portion of Hominy Creek is urbanized. A special study found that many of the problems facing Hominy Creek may be attributed to development directly next to the stream (NCDEN R-DWQ, 2002a). 2005 Recommendations DWQ will continue to monitor water quality in Hominy Creek and. work with other local agencies to study the toxic impacts affecting this stream. BASF is no longer discharging to, Hominy Creek, which may result in a higher bioclassification rating during the next sampling cycler It is recommended that local agencies work with landowners to install BMPs to improve the riparian zone and complete stream restoration activities. These practices will improve habitat and stabilize eroding banks. In addition, care should be taken during development to minimize erosion and sedimentation of the stream, and an area of natural vegetation should be maintained adjacent to the stream. It is recommended that local efforts work together and focus on this watershed for water quality improvement. Water Qualitv Initiatives Through the NC Agriculture Cost Share Program (NCACSP) and Agriculture Sediment Initiative, the Buncombe County Soil and Water Conservation District (BCSWCD) was provided $35,000 in cost share funding for BMPs in the Hominy Creek watershed. Implementation of several BMPs is currently underway. For more information on either of these programs, refer to Chapter 11. Because of the water quality impairment noted above, Hominy Creek has been identified by NCEEP as one of 28 local watersheds in the basin with the greatest need and opportunity for stream and wetland restoration efforts. This watershed will be given higher priority than nomargeted watersheds for implementation of NCEEP restoration projects. 2.3.3 French Broad River [AU# 6-(54.5)b, d and el Current Status The French Broad River [AU# 6-(54.5)b], from Mud Creek to NC 146 (8.2 miles), is Supporting in the aquatic life category due to a Good -Fair bioclassification at site B-I. This same segment, however, is Impaired in the recreation category due to a standards violation for fecal coliform bacteria. During annual screening in 2002, the ambient monitoring station (A-5) at Glenn Bridge Road (SR 3495) near Skyland exceeded the water quality screening criteria for fecal coliform bacteria. Subsequent monitoring of five samples in 30 days is required by DWQ assessment methodology to confirm the fecal coliform levels and determine if it exceeds the state standard. This additional monitoring reported fecal coliform bacteria levels above the standard. Excessive rainfall in the two years of monitoring (Fall 2002 through 2003) caused extremely high flows in Chapter 2 - rrench Broad River Subbasin 04-03-02 24 Kucken, Darlene From: Daniel March <pisgah-air@vt.edu> Sent: Wednesday, December 13, 2017 4:23 PM To: Riddle, Rick L; Kucken, Darlene; Aiken, Stan E Cc: steve.jenkins@lowandbonar.com; Lisa Manning Subject: [External] Low & Bonar Inc. - Stormwater Inspection of December 12, 2017: Summary of Discussion Attachments: LanclB Site BunCo Aerial 2015 STORMWATER MTNG 121217.pdf; LandB Exhibits Strmwtr Insptn 121217.pdf CAUTION: External email. be not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Mr. Riddle and Ms. Kucken: Thank you for your assistance yesterday at the Low & Bonar Inc. facility in Enka, NC (NCS000179). Below are the points we discussed: 1. It was proposed during our discussion that no stormwater per se goes into the East Ditch; it is all wastewater (approximately 15,500 gallons per day) that is occasionally co -mingled with stormwater. Therefore, it may be appropriate to remove SDO-2 from stormwater permitting and sampling requirements. 2. Low & Bonar may be eligible for a 'non -exposure' exemption for the entire facility. No Low & Bonar raw materials or products are stored outside, thus none are in an 'uncovered' condition. Very little uncovered material is on the Low & Bonar site, one tenant - Wolseley Industries - has uncovered metal piping that is stored temporarily before being shipped to clients. This material could easily be covered or otherwise protected from precipitation. 3. If the 'non -exposure' classification is not applicable, the sites of SDO-2 (the East Side at Ditch) and SDO-1(West Side at Hominy Creek) should be moved to within the L&B property boundaries. 4. Currently, SDO-2 (East Ditch) sampling point is at the discharge into an un-named tributary to Hominy Creek and outside of the L&B property. We propose that the sampling point be moved about 50 feet upstream in the Flood Gate (see attached Exhibits 1-4). 5. Currently, SDO-1(West Ditch) sampling point is at the discharge into Hominy Creek on the neighboring Fletcher Partners Property (see attached map). We propose that the sampling point be moved about 1,850 feet upstream to Manhole 17; which is about 120 feet upstream of the property boundary. 6. Samples collected on December 5 from all four locations will be sent to your office as soon as the laboratory report is available. This report will demonstrate how the current and proposed new locations for stormwater sampling are comparable, and will actually be a more accurate picture of L&B's actual stormwater discharges (with less influences from other properties). This sampling report is also the first semi-annual sampling report for 2018. 7. Enka Partners of Asheville, LLC (referred to as Fletcher Partners, Inc) (NOTE: Both are located at 1o91 Hendersonville Road Asheville, NC 288o� and are owned by the same entities) property is influencing Low & Bonar's SDO-1 stormwater discharge. It seems - without any empirical data - that abandoned stormwater piping on the Fletcher Partners property is transferring sediment from the surface or from damaged subterranean piping to the main stormwater discharge piping. We request that Fletcher Partners be issued a Construction Stormwater Permit (NCGol0000) as per NCGS 143-215.1. It is our opinion, based upon the approximately 150 piles of dirt that have been deposited upon the Fletcher Partners property, that construction has begun (see aerial image of the site with individual property owners noted). 8. American Recycling (http://www.amrecyclingofwnc.com/) property is influencing Low & Bonar's SDO-2 stormwater discharge. Recently, American Recycling had a hydraulic oil leak on pavement that discharged through the Flood Gate on the Low & Bonar property and hence to the un-named tributary to Hominy Creek. Low & Bonar staff responded to prevent the oil from reaching Hominy Creek and notified DEQ appropriately. We request that American Recycling be issued a Stormwater Permit with enforceable benchmark limits for discharges to the ditch due north of their property - not to Low & Bonar property. Ms. Kucken - We really appreciate your high quality work standard and professionalism. Despite your impending retirement you arranged for Mr. Riddle to become familiar with the Low & Bonar site AND you conducted a site survey on a very cold and windy day on a snow-covered site. Its been nice working with you, we will miss your input. Mr. Riddle - Thank you for making time to travel five hours to learn about our site and our stormwater issues. We look forward to working with you on our stormwater permit renewal and/or devising a method by which L&B might be able to achieve a 'non - exposure' exemption. Please contact Steve Jenkins at Steve.jenkins(@LowandBonar.com or at 828-66S-sa4s with any questions or information requests. Best Regards, Dan March for Steve Jenkins, HSE Manager, North America Low & Bonar Inc. Pisgah Environmental Services, LLC 9 Woodvale Avenue Asheville, NC 28804 Pisgah-air@vt.edu - Email www.pisgah-air.com - Website 828-768-3335 - Cell 828-255-1092 - Fax Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary DATE: September 11, 2009 TO: Asheville Citizen -Times EMAIL: scsmith@gannett.com FROM: SARAH YOUNG, DIVISION OF WATER QUALITY SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) below, ONE TIME in the legal section of your paper by Tuesday, September 15, 2009. Please fax a copy of the proof to me at (919) 807-6494 for final approval prior to publication. Within 10 days after publish date, please send the invoice and two copies of the original affidavit to: Sarah Young NCDENR/DWQ Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 NC DIVISION OF WATER QUALITY INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permit is invited. Submit written comments to DWQ at the address below. All comments received prior to October 15, 2009 will be considered in the final determination regarding permit issuance and permit provisions. Application: Colbond, Inc., 1451 Sand Hill Rd., Enka, NC 28728 has applied for an NPDES permit to discharge stormwater from an industrial facility at: the above address, Buncombe County. The facility discharges to Hominy Creek. Copies of the draft permit, No. NCS000179, are available at: http://h2o.enr.state.nc.us/su/publicnotice.htm . Additional permit documents are available for the reproduction cost at: DWQ Stormwater Permitting Unit 512 N. Salisbury Street (location, zip 27604) 1617 Mail Service Center (mail) Raleigh, NC 27699-1617 DWQ Contact: Robert Patterson (919)-807-6375 robert.pzitterson@ncdenr.gov Wetlands and Slomnvater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: ,919-807-63001 FAX: 919.807-64941 Customer Service: 1-877.623-6748 Internet:w .ncwaterquality.org One NorthCarolina Naturally An Equal opportunity \ Affirmative Action Employer NC DIV15101 SSUE A ST D Wo Stormwater Permi(tln9 {Init SR N, Salisbury 5[ree[(Ioo.ton, zi 1I60a) 1617 Mall S5ervice Center ((mair R.W , NC 27699-1617 OWp Contact: Robert Patterson (919)-60]-63]5. robart.Pattarson®ncdancpov September 15, 3009 (61a6) i' O Page 5 5. verification that a permanent vegetative groundcover will 11. An Annual Reclamation ReporNhall be submitted on a form suppli Department by February 1 of eactkyear until reclamation is compie established. by the and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application fo1�a mining permit/6r any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. y 13. The security, which was posted pursuant to N.CJ�Q.S. 74-54 in the form of a $6,800.00 Assignment of Savings.Account, is sufficient,to cover the operation as indicated in the approved application. This security must remain inhorce for this permit to be valid. The total affected land shall not exceed the bonded acreaqe. 14. A. Authorized representatives of%the Division of Archi"vegs and History shall be granted access to the sit�t`o determine the presence`kof significant archaeological resources. \C B. Pursuant to N. C. G' S. 70 Article 3, "The Unmarked HumariMurial and Human Skeletal Remains Protection Act," should the operator or any son in his employ encounter human skeletal remains, immediate notificatio shall be provided to'the county medical examiner and the chief archaeologic North Carolina Division of Archives and History. ASi 1FVIT i F CITIZEN TIlVIES VOICE OF THE MOUNTAINS • CTTTLEN-TIMES.coni �ISION,OF WATER OUALITK INTENT TO� � ISSUE A STORMWATER DISCHARGE PER Public comment or objection to the draft permit is invited. Submit written com ments to•DWD at the address below. All comments received prior to 0ctohe195; 2009 will be consideted in the final determination regarding Permit issuanceand- permit provisions. _ i ' Application: Colbond, Inc., 1451 Sand Hill Rd., Ehka,IND 28728 has applied for an NPDES permit to, discharge stormwater from an industrial facility at: the above address; Buncombe Cbunty. The facility discharges toHominy Creek. - Copies of the draft permit, No. NCS000179, are available at: http://h2o.enr.state. nc.us/sWpublicnotice.htm. Additional permit documents are available for the reproduction' cost at: . DWD Storinwater Permitting Unit 512 N. Salisbury Street (location, zip 27604) 1617 Mail Service Center (mail). E Raleigh, NC 27699-1617' DWD Contact Robert Patterson .(919)-807-6375 'robert.pattersonarcdenr.gov -September 15,2009 8148) AQ s' �00TARY ll�cCMBE GO AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Elyse Giannetti, who, being first duly sworn, deposes and says: that she is the Legal Billing Clerk of The Asheville Citizen -Times, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as first class mail in the City of Asheville, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The Asheville Citizen -Times on the following date:. September 15th , 2009. And that the said newspaper in which said notice, paper, document or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statues of North Carolina. Signed this 15th, day of Septeml§L 2009 c� m v of person making Sworn to and subscribed before me the 15th, day September, 2009. j My Commission expires the 6"' , day of October, 2011. (828) 232-5830 1 (828) 253-5092 FAX 14 O. HENRY AVE. j P.O. BOX 2090 1 ASHEVILLE, NC 28802 1 (800) 800-4204 se GM M