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HomeMy WebLinkAboutNCS000134_FINAL PERMIT_20150617l STORMWATER-DIVISION CODING -SHEET - PERMIT NO. DOC TYPE FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ . r s o 6 7 YYYYMM DD A 7JFA�;- NCDETIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 15, 2015 Mr. David Peele Avoca, Inc. P.O. Box 129 Merry Hill, NC 27957-0129 Dear Mr. Peele: John E. Skvarla, III Secretary Subject: Final NPDES Stormwater Permit Permit No. NCS000134 Avoca Farms — Merry Hill Bertie County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000134, we are forwarding herewith the subject state NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit that was noticed on April 29, 2015. Monitoring: The monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. Reporting: The data you provided with your permit renewal application lists TKN and Nitrate - Nitrite in separate columns. Your permit requires that you report Total Nitrogen which is TKN+Nitrate+Nitrite expressed in mg/L. Please begin reporting Total Nitrogen in this manner. Representative Outfall Status: Your request for Representative Outfall Status was granted March 5, 2008 and will continue to be in effect under your renewed permit. For purposes of Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:tlportai.ncdenr,o[ lwq eb/Ir/ Mailing Address:1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCS000134 Page 2 of 2 analytical sampling, Outfall 001 is granted representative outfall status for Outfall 002; and Outfall 003 is granted representative outfall status for Outfalls 006 and 007. Outfalls 002, 006, and 007 must still be included in the twice -yearly qualitative monitoring event. Outfall 005 is a non-stormwater discharge covered under a separate NPDES permit. Please remember that any actions you initiate in response to benchmark exceedances as directed in the tiered response provisions of your permit must address all drainage areas represented by Outfalls 001 and 003, where appropriate. Change in Ownership: Please take notice this permit is not transferable. Part I1I, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. Appeal: If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807-6370 or at julie.ventaloro@ncdenr.gov. Sincerely, /" j for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources Attachment: Permit NCS000134 cc: DEMLR Washington Regional Office, Bill Moore Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Stree',. Atlanta, GA 30303 Stormwater Permitting Program DWR Central Files Permit Number NCS000134 V Program Category NPDES SW Permit Type Stormwater Discharge, Individual Primary Reviewer julle.ventaloro Coastal SWRule Permitted Flow 0 Facility Central Files: APS _ SWP _ 6/15/2015 Permit Tracking Slip Status Project Type rRKEC'EIVED In review Renewal Version Permit Classification JUN 17 2015 Individual CENTRAL FILES Permit Contact Affiliation DWR SECTION Facility Name Major/Minor Region Avoca Farms - Merry Hill Minor Washington Location Address County 841 Avoca Farm Rd Bertie Facility Contact Affiliation Merry Hill NC 27957 Owner Owner Name Owner Type Avoca Inc Non -Government Owner Affiliation David M. Peele 841 Avoca Farm Rd DatestEvents Merry Hill NC 27957 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Iss a Effective Explratioi 9/30/1994 12/4/2012 4/29/2015 �7J}/7&15 rl [ 112015 6,130 J-2-020 Regulated Activities Requested /Received Events _ Commercial or industrial, other Region comments on draft requested 4/8/15 Organic chemical processing Region comments on draft received 5128/15 Y Stormwater (activities not covered) Ok Ao C'4 - Outfall 001 Waterbody Name Strearnlndex Number Current Class Subbasin Salmon Creek 25-24 C;NSW 03-01-04 NCS000134 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Avoca, Inc. is hereby authorized to discharge stormwater from a facility located at Avoca Farms - Merry Hill 841 Avoca Farm Road Merry Hill, NC Bertie County to receiving waters designated as Salmon Creek, a class C; NSW stream in the Chowan River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and IV hereof. This permit shall become effective July 1, 2015. This permit and the authorization to discharge shall expire at midnight on June 30, 2020. Signed this day June 15, 2015. for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000134 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS. Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. 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 11. Onshore or Offshore Construction 12. Duty to Reapply d Permit No. NCS000134 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements 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 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS T Permit No. NCS000134 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 `IIcontrolled, limited and monitored as specified in this permit. k a 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 Exclusion must submit a No Exposure Certification Notice of Intent (NO1) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee 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 of this 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 discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part [ Page 1 of 2 Permit No. NCS000134 4 , ,. i k r `�.�Ir� �a� •llr�� ".� �a I b�.i l.� I� 1 I . 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Avoca Farms - Merry Hill „ r- ILI W-:.Mpm NCS000134 T' aT E S Map Scale 1: 24, 000 I rk commit 4( /01 Avoca, Inc. Avoca Farms - Merry Hill Latitude: 360 00' 07" N Longitude: 760 42' 37" W County: Serde Receiving Stream: Salmon Creek Index No: 25-24 Stream Class: Q NSW Sub -basin: 03-01-04 (Chowan River Basin) y J Facility Location Permit No. NCS000134 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES i SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part 111, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the fallowing items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are, (b) A narrative description of storage 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 that could be expected to be present in the stormwater 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 and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 12 Permit No. NCS000134 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually 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 III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, 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 rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on 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 Reauthorization Act (SARA) wa e priori , _chemicals; and storage in any amount of hazardous substances, in 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 connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part 11 Page 2 of 12 Permit No. NCS000134 ' written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of -the facility. Facility personnel 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 increased 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. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), 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 where not already addressed under another element of the SPPP. 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 and maintained in the SPPP. 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 (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 at the outfalls required in Part 11 B, C, and D of this permit. 6. 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. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part II Page 3 of 12 Permit No. NCS000134 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here: http://aortal.ncdenr.org/web/lr/npdes-stormwaterI The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part I11, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP 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 (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part 11 Page 4 of 12 Permit No. NCS000134 ' SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See DeFnitions. Table 1. Analytical Monitoring Requirements b 1Dcharge Measurement Sample. Sample Characteristics Units Fre , uenc 1 T 'e? ., Lacation3 Nitrogen, Total m L semi-annual Grab SDO Phosphorous, Total m L semi-annual Grab SDO Total Suspended Solids (TSS) m L semi-annual Grab SDO Chemical Oxygen Demand COD m L semi-annual Grab SDO Lead, Total Recoverable m L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfalls inches semi-annual Rain - Gauge Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. Part 11 Page 5 of 12 Permit No. NCS000134 The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part III, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. Monitoring Schedule Monitor>In eraod1,?,w .., .Sample°Number k '` Start End Year 1- Period 1 1 July 1, 2015 December 31, 2015 Year 1- Period 2 2 January 1, 2016 June 30, 2016 Year 2 - Period 1 3 July 1, 2016 December 31, 2016 Year 2 - Period 2 4 January 1, 2017 June 30, 2017 Year 3 - Period 1 5 July 1, 2017 December 31, 2017 Year 3 - Period 2 6 January 1, 2018 June 30, 2018 Year 4 - Period 1 7 July 1, 2018 December 31, 2018 Year 4 - Period 2 8 January 1, 2019 June 30, 2019 Year 5 - Period 1 9 July 1, 2019 December 31, 2019 Year 5 - Period 2 10 January 1, 2020 June 30, 2020 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. 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. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part ll Page 6 of 12 Permit No. NCS000134 Table 3. Benchmark Values for Analytical Monitoring Discharge Chatacteristics Units Benclimak Total Suspended Solids (TSS) mg/L 100 Chemical Oxygen Demand mg/L 120 pH standard 6-9 Nitrogen, Total mg/L 30 Phosphorous, Total mg/L 2 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part 11 Page 7 of 12 Permit No. NCS000134 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: 1. 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 exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include 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. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. If: The first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameter. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow' to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. '.5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. I 1 l i 'i.• Y' - iry 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 DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations throw h the permit renewal process. Part 11 Page 8 of 12 Permit No. NCS000134 ' SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalis must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. Qualitative Monitoring; Requirements 4­"'..: -.mow . ,. Discharge Characteristics � , Frequency) q.: . Monitoring; Lacation?> Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (00) regardless of representative outfall status. Part II Page 9 of 12 Permit No. NCS000134 A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that 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. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Sample Sample re quency �� �Typei Location3: Non -Polar Oil & Grease by mg/L semi-annual Grab SDO EPA Method1664 SGT-HEM Total Suspended Solids m L semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gauge New Motor Oil Usage I gallons/month 1 semi-annual Estimate I- Part 11 Page 10 of 12 Permit No. NCS000134 ' Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 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, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 11 Section B. 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 permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee 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 Dischar a Characteristics Units Benchmark.;' Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids I mg/L 1 100 Part 11 Page 11 of 12 Permit No. NCS000134 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. 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 Stormwater 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: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. 2. Day to Comply The permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41). a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part III Page 1 of 9 Permit No. NCS000134 ' d. Any person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 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, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions (40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 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 [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. quh+ to_Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil -and -Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and HaZardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this 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 [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000134 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1508-23]. B. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. 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 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 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 to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance 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 [40 CFR 122.41). 11. Onshore -or -Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. DAY to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date. 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, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et seq. Part I II Page 3 of 9 Permit No. NCS000134 ' 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(I)(3),122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. 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 submitted to the Permit Issuing Authority [40 CFR 122.22). c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part III Page 4 of 9 Permit No. NCS000134 4. d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel properlygother and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering 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 offrnes and imprisonment for knowing violations." e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the 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. 5. 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 permit condition [40 CFR 122.41(f)]. 5. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. 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 the conditions of this 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 conditions of this permit [40 CFR 122.41(e)]. 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 permit [40 CFR 122.41(c)]. Part III Page 5 of 9 Permit No. NCS000134 ' 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee 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 engineering judgment to prevent a bypass which occurred during normal periods'of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part 11I, Section E of this permit If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS gcoresentative Sampline Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable 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 or is 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 Permit Issuing Authority [40 CFR 122.410)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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 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 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Part III Page 6 of 9 Permit No. NCS000134 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions, o copies of all data used to complete the application for this permit These records or copies shall be maintained 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 [40 CFR 122.41]. 7. 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 permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 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 or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website ( r 1 w ). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. Part III Page 7 of 9 Permit No. NCS000134 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 specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data `submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to; Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 3. AvgilabilityofReports 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 of this permit shall be available for public inspection at the offices of the Division. 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 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Chan= 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 [40 CFR 122.41(l)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. Part III Page 8 of 9 Permit No. NCS000134 SFills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 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. 8• BK12ass Notice [40 CFR 122.41(m)(3)]: 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 effect of the bypass, b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part Ill Page 9 of 9 NCS000134 PART IV DEFINITIONS Ash See Clean Water Act. 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: 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, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices-(BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http,//cfpub.epa.gov/npde5/5tormwatCrf,luenuof bmps-/index.cfm. 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. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, 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. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General IPermit and is signed by the Director. B. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS000134 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. The North Carolina Environmental Management Commission. 12. 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. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. 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. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16, Municipal Separa[e_StorM Sewer System (M541 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. 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 [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice`of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. 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 stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000134 ' 22. 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 Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event 24. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title II1, Section 313 reporting requirements; and d. Meets at least one of the following criteria: L 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); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe PropeM Damage 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 property damage does not mean economic loss caused by delays in production. 26. Significant Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant 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 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28, Stormwater Discharge Outfall (SDOI The point of departure of stormwater 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 directly or indirectly into waters of the State of North Carolina. 29, Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages Permit No. NCS000134 30. 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. 31. StQrmwater 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. 32. TQjal Maximum Daily Load (TMDQ TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at hUp:/Jyortaimcdennorg/web/wgJRs/mtu/tmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean WaterAct 34. Vehicle Maintenance -Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 4 hour StoCM Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part 1V Page 4 of 4 Pages NCS000134 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General.Statute 143-215.1, other lawful standards and regulations promulgated and4adopted by the North Carolina Environmental Management Commission, and thelFederal Water Pollution Control Act, as amended, is hereby authorized' discligfi& stormwater from a facility located at Avoca Farms - Merry Hill 841 Avoca Farm Road Merry Hill, NC Bertie County to receiving waters designated as Salmon Creek, a class C; NSW stream in the Chowan River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, Il, II1, and IV hereof. Note: Draft Permit Dates are Approximate This permit shall become effective [July 1, 20151. This permit and the authorization to discharge shall expire at midnight on [June 30, 2020]. Signed this day [June 15, 2015]. for Tracy E. Davis, P.B., CPM, Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000134 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage i Section B: Permitted Activities Section C: Location Map PART II Section A: Section B: Section C: Section D: h // MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED DISCHARGES Stormwater Pollution Prevention Plan v � Analytical Monitoring Req Qualitative Monitoring Re On -Site Vehicle' interian Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Com liance�an P�Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability S. 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 11. Onshore or Offshore Construction 12. Duty to;Reapply i Permit No. NC5000134 Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination S. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Conffols 1. Proper Operation and Mainteena ce 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test PrQedurle's 5. Rep s entative Outfall c2.6. Reo4ds Retention i00* 7. Insti and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS M , Permit No. NC5000134 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 Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division mull maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is Modified'br revoked, the permittee 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 of rj N� .:� this permit. All stormwater dischargesshall be in accordance with the conditions of this permit. Any other point source discharg/to urface 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 discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part i Page 1 of 2 SECTION C: LOCATION MAP Permit No. NCS000134 ' ��, 5S I�. �. �'"ii � 1 ifl' '�� ��e• sw"a � � I i E Ot �,v �.5- � "�,�•„1 I -I, r -'�. � � l r llli�,�i,_ r. JrI n ` f+.i •��.s t, �: r•, w'f.,ti.' j" (��,+{f� .f� ry - _.,,�,_ A1- ,l7iw�,t f '� "� ••• r ai`� 14 �t;.!'-�" ��+ ��, j I a i i PIP ��yl• 1�1,,��„ �� I_ � r� ' �,-�-•� 5 p�'� �.'• f' r r�+ I I •�rott�� +�--'tSJ "W- It r JF: e ■ /'�.,.a,ti��. �'..� F f� `~ Avoca Farms - Merry hill o; .ZA NCS000134 N W E S Map Scale 124, 000 Avoca, Inc. Avoca Farms - Merry Hill Latitude: 360 00' 07" N Longitude: 760 42' 37 W County: Berne Receiving Stream: Salmon Creek Index No: 25-24 Stream Class: C; NSW Sub -basin: 03-01-04 (Chowan River Basin) ,,or �,, pt J5rsa,r�ep f)� Facility Location Part I Page 2 of 2 Permit No. NCS000134 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a d and the potential pollutant sources that may be�exp contamination of stormwater discharges. The Site�C (a) A general location map (USGS quadrangle:map map), showing the facility's location in r6 ation t waters; the name of the receiving waters to,whii discharge, or if the discharge is to name of the municipality and thel and longitude of the points.of'stot activity. The general locati on�mai whether any receiving wat waters) or if the site is locE established, and what the a )n of the physical facility contribute to J-shall contain the following: appropriately drafted equivalent .ransportation routes and surface the stormwater outfalls muriicipal`separate storm sewer system, the Itimate-receiving waters; and accurate latitude 1w(ater discharge associated with industrial (or alternatively the site map) shall identify mpaired (on the state's 303(d) list of impaired watershed for which a TMDL has been ameters of concern are. (b) A narrative description of storage 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 that could be expected to be present in the stormwater 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 and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is i npervious, and the site map must include a graphic scale indication and north arm v. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 12 Permit No. NCSo00134 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually 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 III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic onomic feasibility of changing i the methods of operations and/or storage pr�5tiees to eliminate or reduce exposure of materials and processes to rainfall and run-on?flowWhgrever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. Ii -areas where elimination of exposure is not practical, this review shall document.the f asibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk stora e.of li ui' materials; storage in any amount of Section 313 of Title III of the SuperfunAm`eindments and Reauthorization Act (SARA) water priority chemicals; and storany amount of hazardous substances, in order to prevent leaks and spills rom contaminating stormwater runoff. A table or summary of all such tanks anAtored materials and their associated secondary containment areas shall be mainta ned.,If the secondary containment devices are connected to stormwater conveyance;systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part II Page 2 of 12 Permit No. NC5000134 written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel 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 increased 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 sufficieneto completely address the stormwater aspects of the SPRP. The common element Kof the SPCC with the SPRP may be incorporated by reference into the SPRP. %r %/\ \11_� 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping progr m sha)lb�developed and implemented. .11 The program shall address all stormwater controhsystems (if applicable), 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 �ubload ngrareas„and haul roads), all drainage features and structures, and existing structual 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 exposur,4,(or stormwater pollution where not already addressed under another element of theSPQP.Anspection 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 and maintained in the SPPP. 5. 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 (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 at the outfalls required in Part 11 B, C, and D of this permit. 6. Employee Training. Training programs shall be developA and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, ind for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part II Page 3 of 12 Permit No. NCS000134 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. B. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills,have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharg s.(element of the Site Overview); (c) a documented re-evaluation of the•effectiveness of the on -site stormwater BMPs (BMP Summary element,of the Stormwater Management Strategy). (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use'';the'Division's Annual Summary Data Monitoring Report:(1)MR) farm, available from the Stormwater Permitting Program's website=(Se6 -Monitoring Farms' here: The Director may noti when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP 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 (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000134 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at c� stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions. Table 1. Analytical Monitoring Requiremeti/ ; ._,,: , Discharge Measurement Sample Sample Characteristics Units Fre uenc 1 Type2 Location3 Nitrogen, Total m L/; i� annual � serr= Grab SDO Phosphorous, Total r mg. L /, ri \`;s.,.,eri-annual Grab SDO Total Suspended Solids TSS j i If %semi-annual Grab SDO Chemical Oxygen Demand CQD, \ �Rm l:L/ � semi-annual Grab SDO Lead, Total Recoverable m L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfa114 Rain - inches semi-annual • ., ., I I Gauge Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. Part it Page 5 of 12 Permit No. NCS000134 The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part ICI, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from within the monitoring period. Table 2. Monitorina Schedule Monitoring period1,2 Sample Number Start End Year 1- Period 1 1 July-$ &� December 31, 2015 Year 1- Period 2 2 Januar if, 24 �6 10 I June 30, 2016 Year 2 - Period 1 3 Jul1,.2016 December 31, 2016 Year 2 - Period 2 4 Januar 1, 2017 June 30, 2017 Year 3 - Period 1 5 Jul. ,1,�2417 December 31, 2017 Year 3 - Period 2 6 January 1, 2018 June 30, 2018 Year 4 - Period 1 7 6V _J,uly 1, 2018 December 31, 2018 Year 4 - Period 2 84& - January 1, 2019 June 30, 2019 Year 5 - Period 1 9 July 1, 2019 December 31, 2019 Year 5 - Period 2 10 � January 1, 2020 June 30, 2020 Footnotes: 1 Maintain semi-annual monitoring until ether another permit is issued for this facility or until this permit is revoked or reswci der The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow' or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. 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. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part II Page 6 of 12 Permit No. NCS000134 Table 3. Benchmark Values for Analytical Monitoring Discharge` Cliarat teristics Units Benchmark Total Suspended Solids (TSS) mg/L 100 Chemical Oxygen Demand mg/L 120 pH standard 6-9 Nitrogen, Total mg/L 30 Phosphorous, Total mg/L 2 The benchmark values in Table 3 are not p-et'mit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of atstormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part II Page 7 of 12 Permit No. NCS000134 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: 1. 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 exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include 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 implementedO 6. Note: Benchmark exceedances for a different arameterrse aratel trigger a tiered response. Tier Two If: The first valid sampling results from two consecutive Monitoring periods are above the benchmark values, or outside of the benchmark range, for an _s ecificc arrameter at a specific discharge outfall; Then: The permittee shall: 'r 1. Repeat all the required actions outlined �above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall conduct monthly monitoring at every outfahe�re a sampling result exceeded the benchmark Monthly (analytical and qualitative) monitoring shall continue value for two consecutive s` akples. until three consecutive sample results re,below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow' to comply with reporting requirements. of 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer m�rect the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three ,_ _ 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 DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; _ Then: The Division may but is not limited to: T • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Part II Page 8 of 12 Permit No. NCS000134 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor bec us ,6f adverse weather conditions must be documented in the SPPP and recorded on the Oualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs d industrial activity must be monitored (See Definiti In the event an atypical condition is noted at a shall document the suspected cause of the f ri the discovery. This documentation will be,ma Table 4. Qualitative Mo ments )rm,water associated with ischarge outfall, the permittee actions taken in response to With the SPPP. Discharge Characteristics Frequencyl Moniitorng Location Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part lI Page 9 of 12 Permit No. NCS000134 A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BM Ps are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. u"'Anti e.Monitoriri"',Res pnse;� i,��. Qualitative monitoring is for the purposes of evaluating SP P effectiveness, identifying^ new potential sources of stormwater pollution, and prom p ling the ep.ttee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install stru raltt®rimwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to Me form upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON -SITE NTENANCE MONITORING REQUIREMENTS Facilities that 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. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runofffrom vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table S. Analvtical Monitorinji Requirements for On -Site Vehicle Maintenance Dischar . e Characteristics g' ' Units Measure menu Fre uenc 1 '^ Sample ' 'TypeZ. "Sample Location3 Non -Polar Oil &Grease by EPA Method1664SGT-HEM mg/L semi-annual Grab SDO Total Suspended Solids m L semi-annual Grab SDO Total Rainfa114 inches semi-annual Rain gau e New Motor Oil Usage I gallons/month 1 semi-annual I Estimate - Part 11 Page 10 of 12 Permit No. NCS000134 Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from areas) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended peftods of time, a local rain guage may be substituted for an on -site reading. /�`� 1. Failure to monitor semi-annually per permit term ma,�a,y� result in the Division requiring monthly monitoring for all parameters for a speclhi i1ne period, as provided in Part II Section B. Monitoring results shall be compared to the benchmark values in Table 6. The benchmark values in Table 6 are not permit limits but sho` Wbe used as guidelines for the permittee's Stormwater Pollution Preventron Plan SPPP)JExceedances of benchmark values require the permiee to increase monitorin , incr•ea a management actions, increase record keeping, and/or install stormwate Best -Management Practices (BMPs), as provided in Part I1 Section B. %/ ))v Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring Discharge- Characteristics Units Benchmark` Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 PartII Page 11 of 12 Permit No. NCS000134 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. 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 Stormwater 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 II, 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: The'Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning.of dischargegfrom the operation of the industrial activity and be updated thereafter on an annual%basI 'S 9ndary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of i1...-v it stormwater discharges from the operation of the industrialkactivity. Existing facilities previously permitted limitations, and controls contained in this shall become effective immediately upon1 Pollution Prevention Plan for this oermiv months of the effective date, containment, as specified in beginning of stormwater dis happlying.foi renewal: All requirements, conditions, rni except new SPPP elements in this permit renewal) rote of,this permit New elements of the Stormwater wa , tall be developed and implemented within 6 III dated thereafter on an annual basis. Secondary i 2(b) of this permit shall be accomplished prior to the operation of the industrial activity. 2. Duty to Comply %J . The permittee must com(P.11y with,all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Wdt r Act(CWA) and is grounds for enforcement action; for permit termination, revocation and eissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part III Page 1 of 9 Permit No. NCS000134 d. Any person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c) (2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 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, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii)�of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a.fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subs equent�convictions'[40 CFR 122.41(a) (2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements 11 of a permit [North Carolina General Statutes § 143-215.6NA1. g. Any person may be assessed an adn 301, 302, 306, 307, 308, 318 or 405 implementing any of such sections i Administrative penalties^f6r. Cla�s i maximum amount of anv Class I Del violations are not to exceed'.$; with the maximum amount of and 40 CFR 122.41(a}(3)]. ffative penalty by the Administrator for violating section Us�Act, o7any permit condition or limitation )ermit-issued under section 402 of this Act itions" re not to exceed $16,000 per violation, with the assessed not to exceed $37,500. Penalties for Class 11 day for each day during which the violation continues, II penalty not to exceed $177,500 [33 USC 1319(g)(2) 3. Duty to Mitigate N_ The permittee shall take all -reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part II1, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazgrdous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. ProperW-Rights The issuance of this 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 [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000134 Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. 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 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 coi�ction of a p4.erson,is for a violation committed after a first conviction of such person under this paragraph punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more thalnMgears, or both [40 CFR 122.41). 10. Penalties for Falsification of Reoorts 11. The Clean Water Act provides that any p representation, or certification in any re maintained under this permit, including noncompliance shall, upon conviction, b' or by imprisonment for noWore than This permit does not authorize or structures or facilities orlthe unde makes any false statement, it submitted or required to be (torts or reports of compliance or y a fine of not more than $10,000 per violation, violation, or by both [40 CFR 122.41]. the construction of any onshore or offshore physical of any work in any navigable waters. 12. Day to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration The permittee is not authorized to discharge after the expiration date. 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, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part III Page 3 of 9 Permit No. NCS000134 2. Trance This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3),122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signatoly ReQuireMebts All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. Fof,the purpose of this Section, a responsible corporate officer means: (a) a presideritsecretary, treasurer or vice president of the corporation in charge of a principal bus iness function, or Shy other person who performs similar policy or decision making(functiW s for�J Corporation, or (b) the manager of one or more manufacturing, production, or'operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and.directing,other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary sy�ems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has bee\ igned ordelegated to the manager in accordance with corporate procedures. (2) For a partnership or sdle.propneto"rship: by a general partner or the proprietor, respectively; or 7 1 (3) For a municipality, state, fetleral, or other public agency: by either a principal executive officer or ranking'electedifficial [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. 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 submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. Part III Page 4 of 9 Permit No. NCS000134 d. Certification. Any person signing a document under paragraphs a. orb. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure thatqualifred 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 forgathering 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 forsubmittingr false information, including the possibility of fines and imprisonment for knowing violations." e. Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee�65egin reporting monitoring data electronically during the term of this permit The' 'perrn ttee nay be,`required to use North Carolina's Electronic Discharge Monitoring Report((el)MR)'intemet application for that purpose. For eDMR submissions, the person signing and submitting the�ODMR must obtain an eDMR user account and login credentials to access the eDMlisystem. The issuance of this permit does not prohibit th 'Permit Issuing Authority from reopening and modifying the permit, revoking and reislsuing the permit, or terminating the 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..., 5. 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 permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b) (2) may cause the Division to initiate action to revoke the permit SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. 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 the conditions of this 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 conditions of this permit [40 CFR 122.41(e)]. 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 permit [40 CFR 122.41(c)]. Part I l l Page 5 of 9 Permit No. NCS000134 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee 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 engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as and nature of the permitted discharge. Analyti storm event. Samples shall be taken on a day/� samples shall be taken before the discharge,jot water, or substance. Monitoring points as spec notification to and approval of the Permit Issui ,qui�bd herein, shall be characteristic of the volume [,sampling shall be performed during a measureable l-time•thaM characteristic of the discharge. All ;orris diluted by any other waste stream, body of ed in)� his permit shall not be changed without Auithority [40 CFR 122.41(j)]. 2. Recording Results\ �� For each measurement or sample�ta en pursuant to the requirements of this permit, the permittee shall record the following information `�40 CFR 122.41]: a. The date, exact pla c/and time of sampling or measurements; b. The individual(s) who�performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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 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 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. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Part I I I Page 6 of 9 Permit No. NCS000134 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o, all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including4ischarge Monitoring Reports (DMRs) 41 and eDMR or other electronic DMR report sub'mis ions. o copies of all data used to complete the application,for this permit These records or copies shall be maintained for a peribd of -at least 5 years from the date of the sample, measurement, report or application. This -period, ay;be extended by request of the Director at any time [40 CFR 122.41]. 7. Inspection and Enev 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 separatelstorm 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 maybe required bylaw, to: a. Enter upon the permittee's prenilses where a regulated facility or activity is located or conducted, or where records must be -kept under the conditions of this permit; b. Have access to and copy; at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 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 or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (http;//nortal.ncdenr.oriz/web/Ir/nodes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. Part III Page 7 of 9 Permit No. NCS000134 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 specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports ^ /'<( Two signed copies of Discharge Monitoring Reports (DMRs)shall,be submitted to: Central Files —1\ Division of Water Resources 1617 Mail Service,Ceriter Raleigh, North Carolina 27699'1617 The Permit Issuing Authority may requ electronically during the term of this pE eDMR internet application for that purl compliant with EPA's Crass-Media0 c required to submit all discharge.monitc required to complete the eDMR submis original and a copy of the computer j the permittee to begin reporting monitoring data [it IThe permittee may be required to use North Carolina's e. Until such time that the state's eDMR application is nic Reporting Regulation (CROMERR), permittees will be ig data to the state electronically using eDMR and will be n by printing, signing, and submitting one signed nted eDMR to the address above. Availability of Reports - Except for data determined7ti2e 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 of this permit shall be available for public inspection at the offices of the Division. 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 143-215.613 or in Section 309 of the Federal Act 4. Non-Stormwater Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report 5. Planned Chan= 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 [40 CFR 122.41(1)]. This notification requirement includes pollutant which are not specifically listed in the permit or subject to notification requirements under 40 CFR F. rt 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1) (2)]. Part III Page 8 of 9 Permit No. NCS000134 Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit Additionally, the permittee shall report spills including: any oil spill of 25 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. 8. Bypass Notice [40 CFR 122.41(m)(3)]: 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 effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. _ /) Twenty-four Hour Reporting a. The permittee shall report to the central office noncompliance which may endanger health or provided orally within 24 hours from the time A written submission shall also be provided w aware of the circumstances. The written submission shall period of noncompliance, inc been corrected, the4hticipati planned to reduce, eliminate, 122.41(1)(6)]• �' r: Er th�erappropate regional office any he,,environment Any information shall be kid'& miitttee became aware of the circumstances. hin S°day�s,of the time the permittee becomes ;cription of the noncompliance, and its causes; the sates and times, and if the noncompliance has not Hance is expected to continue; and steps taken or reoccurrence of the noncompliance [40 CFR b. The Director may waive thew tte report on a case -by -case basis for reports under this section if the oral report has lieueived within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(l)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part III Page 9 of 9 NCS000134 1. 0 4. 5. PART IV DEFINITIONS Act See Clean Water Act Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with•the sampling schedule. Adverse events and failures to monitor must also be explained and reported�on the relevant DMR. Allowable Ngn-Sjo[MWater Discharges This permit regulates stormwater discharges. discharges which shall be allowed in the stormwater conveyance system include: > 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,fros�i��riparian habitats and wetlands. c. Discharges resulting from fire -fighting or -fire -fighting training, or emergency shower or eye wash as a result of use in•the eyentof an emergency. Measures or practices used to redd&ihe amount of pollution entering surface waters. BMPs may take the form of a process, activity;/or physical structure. More information on BMPs can be found at: 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. Bulk Stprgee of Liquid Products Liquid raw materials, intermediate products, 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. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. CCl i1n yNatgr Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS000134 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EN1L The North Carolina Environmental Management Commission. 12. 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. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. 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. /7 15. 16. A storm event that results in an actual discharge measurable storm event must have been at least apply if the permittee is able to document that�a' events during the sampling period, and obtains copies of this information and a written req es6 Office. After authorization by the DEML1�Re Poi site in the permittee's SPPPd;: "`K A stormwater collection town. permitted site outfall. The previous or. The 72-hour storm interval may not iteerrval is representative for local storm rom the local DEMLR Regional Office. Two 11 be sent to the local DEMLR Regional a written approval letter must be kept on incorporated area of local self-government such as a city or 17. No Exposure h- 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 [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. 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 stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000134 ' 22. 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 Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondaa Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority -Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subjecct o'SARA title lil, Section 313 reporting requirements; and d. Meets at least one of the following criteria: � \ i. Is listed in appendix D of 40 CFR part 122Non Table 1I (organic priority pollutants), Table III (certain metals, cyanides, and phenols),or Table IV (certain toxic pollutants and hazardous substances); �\ ii. Is listed as a hazardous substance p rs�f uant'%se ion 311.(b)(2)(A) of the CWA at 40 CFR 116.4; or �/ ��� iii. Is a pollutant for which EPA has.publdhe acute or chronic water quality criteria. 25. SevCre Proper Damage <1( Substantial physical damage to,property, damage to the control facilities which causes them to become inoperable, or substand and,p`ermanent loss of natural resources which can reasonably be expected to occur in the absence ofb 'pass. Severe property damage does not mean economic loss caused by delays in production. 11 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant 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 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfall (SDO1 The point of departure of stormwater 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 directly or indirectly into waters of the State of North Carolina. 29, Sto[mwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt s Part IV Page 3 of 4 Pages Permit No. NCS000134 30. StormwaterAssociated_with IndustrialActivity 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. 31. 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. 32. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found athttn://nortal,ncdenr.ore/web/wa/as/mtu/tmdl. n 33. 34. 35. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1 Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, or airport deicing operations. Visible Sedimentation Solid particulate matter, both air, gravity, or ice from its sit( vehicle cleaning operations, [at has been or is being transported by water, seen with the unaided eye. 36. 25-year. 24 hour Storm Event.t` `v,. \y The maximum 24-hour precipitations event expected to be equaled or exceeded, on the average, once in 25 years. /7 YV Part IV Page 4 of 4 Pages NC DIV.OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permits Is invited. Submit written comments to DEMLR at the address below. All comments re- ceived prior to July 24, 2015 will be considered in the final determination regarding permits Issuance and per- mit provisions. Application: Ennis-Flint,115 Todd Court, Thomasville, NC 27360 has applied for an NPDFS permit m dis- charge stormwater from an Industri- al facility at: Ennis -Flint, 201 Old Thomasville Road, High Point, NC, Guilford County. The facility dis- charges to Kennedy Mill Creels in the Yadkin Pee -Dee River Basin. Stormwater Permitting Contact Richard Riddle (919) 807-6372 rick.riddlegricdenr.gov A copy of the draft permit, NCS000582, is available at: httpy/Po rtal.ncdenr.ora/webRr/public• notices. Additional permit docu- ments are available for reproduction cost at: DEMLR Stormwater Permitting Program 512 N. Salisbury Street (location, zip 276D4) 1612 Mail Service Center (mail) Raleigh, NC 27699-1612 Riddle, Rick L From: Sent: To: Subject: Attachments: RR, Attached for your review. Thanks, La Alexander, Laura Tuesday, June 16, 2015 3:11 PM Riddle, Rick L FW: Nev, Account Ennis-Flint.pdf From: GREE Legal Ads[ma iIto: LegalAds@greensboro.coml Sent: Tuesday, June 16, 2015 2:40 PM To: Alexander, Laura Subject: RE: New Account Cost to publish 6.24.15 is $171.96. We have set up the information for the account. Proof is attached. LEA ANNE LAMB NEWS & RECORD greensbdro.com For the latest news, sports and videos: greensboro. com Office 336.373.7053 1 Fax 336.373.7043 Email: LeaAnne.Lamb@greensboro.com 200 E. Market Street, Greensboro, N.C. 27401 From: Alexander, Laura [mailto laura.alexander(&ncdenr.00vl Sent: Tuesday, June 16, 2015 8:37 AM To: Lamb, Lea Anne Subject: RE: New Account Good Morning LeaAnne, Please see attached request for publishing a public notice ONE TIME on June 24, 2015. Please email proof to me when available. Thank you for your help! Laura Alexander 1 NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor DATE: June 16, 2015 TO: [RECIPIENT] EMAIL: [E-MAIL] FROM: Julie Ventaloro, Division of Energy, Mineral, and Land Resources SUBJECT: PUBLIC NOTICE PAGES. 1 Donald R. van der Vaart Secretary Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by Wednesday. April 29, 2016. Please fax a copy of the proof to Laura Alexander 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: Laura Alexander NCDENR/DEMLR/Stormwater 1612 Mail Service Center Raleigh, NC 27699-1612 NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permit(s) is invited. Submit written comments to DEMLR at the address below. All comments received prior to May 29, 2015 will be considered in the final determination regarding permit issuance and permit provisions. Application: Avoca, Inc, P.O. Box 129, Merry Hill, NC has applied for an NPDES permit to discharge stormwater from an industrial facility at: Avoca Farms -Merry Hill, 841 Avoca Farm Rd, Merry Hill, NC, Bertie County. The facility discharges to Salmon Creek in the Chowan River Basin. Stormwater Permitting Contact: Julie Ventaloro (919) 807-6370 iulie.ventaloro(@ncdenr.gov A copy of the draft permit(s) NCS000134 is available at: httr)://portat.ncdenr,org/web/Ir/public-notices. Additional permit documents are available for the reproduction cost at: DEMLR Stormwater Permitting Program 512 N. Salisbury Street (location, zip 27604) 1612 Mail Service Center (mail) Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: hftp;Nportal.ncdenr,org/web/ir/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper z Permit Coverage Permit Number ,oFw"TPA . Renewal Application Form NCS000134 National Pollutant Discharge Elimination System Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner__ Affiliation Information Owner / Organization Name: Owner Contact: Mailing Address: Phone Number: Fax Number: E-mail address: * Reissued Permit will be mailed to the owner address Avoca Inc Mr. David MPeele PO Box 129 Merry Hill, NC 279570129 (252)482-2133 Facility4ftrmit Contact in f Qr a� tL ion Facility Name: Avoca Farms - Merry Hill Facility Physical Address: NCSR 1502 Merry Hill, NC 27957 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: Salmon Creek C;NSW Chowan River Basin 03-01-04 Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes W No 0 Don't Know ( for information on these waters refer to http://h2o.enr.state.nc.uslsulimpairecLWaters TMDL/ ) CERTIFICATION 1 certify that I am fa ' r with the inforW ned in the application and that to the best of my knowledge and belief such information is tru c mplete P ccur + 5 Signature Date 11�2aj2o12 r. DaVA Pee Pr(S}dev-,+- Print or type name of person signing above Title - Please return this completed renewal application form to: Stormwater Permitting UnitAttn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Avoca, Inc. Storm Water Analytical Monitoring Results Permit No. NC5000134 Outfail #: 001 Sample Date Total Flow Total Rainfall pH COD TSS TKN Nitrate - Nitrite Phosphorus Million Gal. Incites mg/L mg/L mg/L mg/L mg/L 7/11/2008 0.022 0.3 7.16 33.00 107.00 1.30 1.35 0.67 5/18/2009 0.118 1.6 7.53 34.00 16.00 1.21 3.21 1.51 11/11/2009 0.907 12.3 6.99 15.00 37.00 1.31 0.28 0.73 5/24/2010 0.295 4 6.80 45.00 5.70 2.13 3.28 2.50 9/30/2010 1.017 13.8 7.20 29.00 31.00 0.93 0.10 0.36 6/5/2011 0.015 0.2 7.70 24.00 18.00 1.90 0.62 0.54 11/29/2011 0.029 0.4 7.08 63.00 24.00 4.01 0.66 1.15 5/22/2012 0.133 1.8 7.44 30.00 123.00 1.50 0.38 0.45 Aiierage ' 0.317 1 4.3 7.24.. 34.13 45.211 1.79 1 1.24 0.99 Avoca, Inc. Storm Water Analytical Monitoring Results Permit No. NCS000134 Outfall #: 003 Sample Date Total Flow Total Rainfall pH COD TSS TKN Nitrate - N itrite Phosphorus Million Gal. Inches mg/L mg/L mg/L mg/L mg/L 7/11/2008 0.008 0.3 6.95 618.00 103.00 27.40 3.24 4.44 5/18/2009 0.104 1.6 7.73 14.00 7.80 0.51 0.86 0.16 11/11/2009 0.802 12.3 7.37 <10 1 15.00 1.00 0.28 0.31 5/24/2010 0.261 4 6.90 46.00 8.00 1.93 2.63 2.03 9/30/2010 0.899 13.8 7.10 27.00 25.00 0.71 0.05 0.21 6/5/2011 0.013 0.2 7.60 27.00 18.00 2.04 0.58 0.57 11/29/2011 0.026 0.4 6.99 139.00 20.00 5.81 4.65 1.72 5/22/2012 0.117 1.8 7.23 31.00 183.00 1.35 0.39 0.42 Average 0.27875 4.3 7.23 128.86 . 47.48 ; 5.09 1.59 , 1 23 Avoca, Inc. Storm Water Analytical Monitoring Results Permit No. NCS000134 Outfall #: 004 Sample Date Total Flow Total Rainfall pH COD TSS TKN Nitrate - Nitrite phosphorus Million Gal. Inches mg/L mg/L mg/L mg/L mg/L 7/11/2008 0.006 0.3 6.77 25.00 23.00 0.53 0.20 <0.04 5/18/2009 0.03 1.6 7.51 5.00 2.10 0.47 0.58 2.07 11/11/2009 0.23 12.3 7.84 5.00 2.40 0.83 0.19 0.10 5/24/2010 0.075 4 7.00 45.00 9.00 2.12 3.03 2.31 9/30/2010 0.259 13.8 8.70 14.00 6.60 0.38 0.11 <0.04 6/5/2011 0.004 0.2 8.50 30.00 51.00 1.75 0.77 0.48 11/29/2011 0.007 0.4 7.15 28.00 11.00 0.74 0.28 0.22 5/22/2012 0.034 1.8 7.41 10.00 66.00 0.99 0.16 0.29 Average 0 034- _ T g = 7 41�, ;= . � 40:00 66 00. - 0 Avoca, Inc. Storm Water Visual Monitoring Results Permit No. NCS000134 Outfall #: 001 The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or covered. "SampleFloating e Color;Odor Clarity Solids Suspended Solids Foam? Oil Sheen? Erosion? (1-5) (1-5) Yes / No Yes / No Yes / No 7/11/2008 Clearone 1 2 1 No No No 5/18/2009 Clear None 1 1 1 No No No. 11/11/2009 Clear None 1 2 1 No No No 5/24/2010 Clear None 2 1 1 No No No 9/30/2010 Clear None 2 1 1 No No No 6/5/2011 Clear None 2 1 1 No No No 11/29/2011 Clear None 1 1 1 No No No 5/22/2012 Clear None 1 2 1 No No No Avoca, Inc. Storm Water Visual Monitoring Results Permit No. NCS000134 Outfall #: 002 The scale for Clarity, Floating Solids, and Suspended Solids is 1-5. 1 is very clear or none present to 5 is high or covered. Sample Date Color Odor Clarity Floating Solids Suspended Solids Foam? Oil Sheen? Erosion? [1-5} (1-5) (1-5) Yes / No Yes / No Yes / No 7/11/2008 Clear None 1 2 1 No No No 5/18/2009 Clear None 1 1 1 No No No 11/11/2009 Clear None 1 2 1 No No No 5/24/2010 Clear None 2 1 1 No No No 9/30/2010 Clear None 2 1 1 No No No 6/5/2011 Clear None 2 1 1 No No No 11/29/2011 Light Brown None 2 1 1 No No No 5/22/2012 Clear None 1 2 1 No No No Avoca, Inc. Storm Water Visual Monitoring Results Permit No. NCS000134 Outfall #: 003 The scale for Clarity, Floating Solids, and Suspended Solids is 1-5. 1 is very clear or none present to 5 is high or covered. Sample Date Color Odor Clarity Floating Solids SuspendedFoam? Solids Oil Sheen? Erosion? {1-5] (1-5) (1-5) Yes / No Yes / No Yes / No 7/11/2008 Light Brown None 4 2 2 No No No 5/18/2009 Clear None 1 1 1 No No No 11/11/2009 Clear None 1 1 1 No No No 5/24/2010 Clear None 2 1 1 No No No 9/30/2010 Clear None 2 1 1 No No No 6/5/2011 Clear None 2 1 1 No No No 11/29/2011 Light Brown None 2 1 1 No No No 5/22/2012 Light Brown None 2 2 1 No No No Avoca, Inc. Storm Water Visual Monitoring Results Permit No. NCS000134 Outfall #: 004 The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or covered. "Samplee Color Odor Clarity Floating Solids Suspended Solids Foam? Oil Sheen? Erosion? (1-5] (1-5) (1-5) Yes / No Yes / No Yes / No 7/11/2008 Clear None 1 1 1 No No No 5/18/2009 Clear None 1 1 1 No No No 11/11/2009 Clear None 1 1 1 No No No 5/24/2010 Clear None 1 1 1 No No No 9/30/2010 Clear None 1 1 1 No No No 6/5/2011 Clear None 1 1 1 No No No 11/29/2011 Clear None 1 1 1 No No No 5/22/2012 Clear None 1 1 1 No No No Avoca, Inc. Storm Water Visual Monitoring Results Permit No, NCS000134 Outfall #: 006 The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or covered. Sample Date Color Odor Clarity Floating Solids Suspended Solids Foam? Oil Sheen? Erosion? (1-5) (1-5) (1-5) Yes / No Yes / No Yes / No 7/11/2008 Clear None 1 2 1 No No No 5/18/2009 Clear None 1 2 1 No No No 11/11/2009 Clear None 1 2 1 No No No 5/24/2010 Clear None 2 2 1 No No No 9/30/2010 Clear None 1 2 1 No No 6/5/2011 Clear None 1 2 1 No No 11/29/2011 Clear None 2 2 1 No No 5/22/2012 light brown None 2 2 1 No No jNo Avoca, Inc. Storm Water Visual Monitoring Results Permit No. NCS000134 Outfall #: 007 The scale for Clarity, Floating Solids, and Suspended Solids is 1-5.1 is very clear or none present to 5 is high or covered. Sample pate Color Odor Clarity Floating Solids Suspended Solids Foam? Oil Sheen? Erosion? (1-5) (1-5) (1-5) Yes / No Yes / No Yes / No 7/11/2008 Light Tan None 3 2 2 No No No 5/18/2009 Light Tan None 2 2 2 No No No 11/11/2009 Light Tan None 2 2 2 No No No 5/24/2010 Clear None 2 2 1 No No No 9/30/2010 Clear None 2 2 1 No No No 6/5/2011 Clear None 2 2 1 No No No 11/29/2011 Clear None 1 1 1 No No No 5/22/2012 Light Brown None 2 1 1 No No No BEST MANAGEMENT PRACTICES (BMPs) AVOCA, INCORPORATED Stormwater Permit No. NCS000134 BMP 1- Containment Berms: Avoca, Inc. has spill containment berms installed around each of its fuel, solvent, and other processing tanks. These berms are large enough to hold the total capacity of at least one of the contained tanks plus a minimum of 10%. The following is a listing of the containment areas and their locations: 1) Fuel Oil Storage and Unloading, West of Building 1001-2 2) Gasoline Storage and Unloading, South of Building 1002-4 3) Emergency Generator Fuel Storage, Near Cooling Tower 4) Emergency Generator Fuel Storage, South of Building 1001-1 5) Hazardous Waste Storage, Building 1003-5 6) Tank Farm, South of 1001-1 7) Tank Farm, North of Building 1001-1 8) Tank Farm, West of Building 1003-2 9) Unloading Station, South of Building 1001-2 10) Sclareol Recrystallization & Storage tanks, Building 1003-10 11) Chemical Storage, 1003-7 12) Botanical Extraction Process & Storage tanks, North of Building 1001-11 13) Biomass Extraction Process & Storage tanks, Building 1004-2 14) Limited Use Generator, South of Building 1004-1 BMP lA - Sage Storage Leachate Capture: During the early part of the sage processing season, the material staged under the shed roof at building 1003-5 may leach liquid from the sage plant under the wall on the structure onto the ground and into the drainage to outfall 3. A berm/gutter system is being implemented to capture this material and route it through a solids capture system with the plant solids being added to that returned to the farm, and the liquid being routed to the existing wastewater treatment plant. BMP 2 - Weekly monitoring of all areas listed in BMP 1: Monitoring includes inspection of equipment and tanks within containments as well as all areas of the facility. The operational status of the processes, housekeeping and cleanliness, condition of equipment and tanks, and notification of spills and leaks are noted as well as any corrective actions taken. BMP 3 - Annual monitoring of the areas listed in BMP 1: Monitoring includes in depth inspection of equipment and tanks within containments as well as all areas of the facility. Parameters of inspection include: housekeeping and cleanliness, operating condition of equipment, evidence of spills and/or leaks, stormwater conveyance (i.e. condition of valves, flow channels, etc...), erosion evidence, actions required to remedy any problems, and the date the problem was resolved. BMP 4 - Monitor berm contents: Avoca, Inc. keeps its spill containment berm drains closed and locked. All pumps and valves are capped when not in use. The berms are either drained by the boiler operator or pumped to Avoca's Tertiary Lagoon. All rain water is inspected before it is drained to determine if there it has oil sheen or other contaminates. In the case of a spill, the berms can be pumped out with a suction tanker or either directly pumped to Avoca's Waste Water Treatment facility. The spilled liquid can be either treated and disposed of or reused. BMP 5 - Hazardous waste storage: All hazardous waste is stored in a concrete dike area with a protective roof covering the containment. There are signs stating that Hazardous waste is to be stored in this area only. BMP 6 - Analytical Monitoring: Analytical monitoring of Stormwater Runoff is performed as stated in Stormwater Permit No. NCS000134. Analytical monitoring of outfalls 4001, #003, and #004 is performed quarterly. The temperature and pH are recorded at the time of sampling. The samples are put on ice and sent to Environmental 1 located in Greenville, NC where they are analyzed for Nitrogen, Phosphorous, Total Suspended Solids, COD, and pH. The analytical monitoring results are kept at Avoca, Inc. and sent to NCDENR within 30 days of receiving the results from Environmental 1. BMP 7 - Qualitative Monitoring: Qualitative monitoring of Stormwater Runoff is performed as stated in Stormwater Permit No. NCS000134. Qualitative monitoring of outfalls #001, #002, #003, #004, #006, and #007 is performed twice annually. Outfall #005 is not monitored under the stormwater permit as it is covered under a separate NPDES permit. The qualitative results are kept on file at Avoca, Inc. BMP 8 - Training: Training of all Avoca, Incorporated personnel occurs annually. Employees are trained in the safe handling of chemicals, spill prevention of chemicals, location of shutoff valves, who to contact in case of a spill, location of containment equipment, and operation and maintenance of containment equipment. BMP 9 -- Spill Clean -Up: Hazardous waste clean-up and major Spills are handled be an outside contractor. AVOCA, Incorporated has a contract with Inco, Inc, located in Rocky Mount, NC to handle all it's major spill incidents. BMP 14 — Covered Waste: All waste drums for scrap metal are to be covered. A tarp is used to cover the scrap metal container which is used to store crushed drums at Avoca, Inc. CHANGES IN INDUSTRIAL OPERATIONS AND MATERIAL HANDLING PRACTICES AVOCA, INCORPORATED Stormwater Permit No. NCS000134 Addition of a biomass boiler: Avoca, Inc. installed a biomass fired boiler west of Building 1003-5. Possible fuels for the boiler include the Clary Sage plant residue after processing and wood chips from local sources. Currently, the boiler is burning wood chips exclusively. The design includes a storage shed for the biomass fuel, but the wood chips are currently stored in the open pending construction of the shed. Drainage from this location is to the west and southwest by sheet flow. Expansion of Clary Sage Processing: Avoca, Inc. has increased the processing of Clary Sage and extended the processing season for this raw material. Building 1003-5 is being used as a covered staging area for the sage going into the process. In the early season, the moisture content of the sage is higher and some liquid drains from the sage onto the concrete floor of the storage shed. A BMP is being planned to capture any liquid material or plant residue from this operation and remove it from the stormwater flow. ST'QRMWA�TE-R -IMMUT N PLAN . F r DELVE, PMENTrANDIMPL - MENTAT x ;rCERTIFICATIONf Facility Name: Permit Number: Location Address: County: North Carolina Division of Water Quality - Stormwater Permitting Unit Avoca Farms - Merry Hill NCS000134 NCSR1502 Merry Hill, NC 27957 Berne I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments 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." And I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the Stormwater discharge permit." And I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Signature Dr, Day Print or type name of person signing above Date Il�zB�IZ Pyg- Title 5PPP Certification 5/09 NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 15, 2015 Mr. David Peele Avoca, Inc. P.O. Box 129 Merry Hill, NC 27957-0129 Dear Mr. Peele: John E. Skvarla, III Secretary Subject: Final NPDES Stormwater Permit Permit No. NCS000134 Avoca Farms — Merry Hill Bertie County In response to your renewal application for continued coverage under NPDES stormwater permit NCS000134, we are forwarding herewith the subject state NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit that was noticed on April 29, 2015. Monitoring: The monitoring strategy remains the same (semi-annual) as the previous term of the permit. Please note that analytical and qualitative monitoring is required in this permit. Failure to complete the monitoring as required is a violation of the permit and any permit noncompliance constitutes a violation of the Clean Water Act. Reference Part III, Section A, Item 2 "Duty to Comply", Item 9 "Penalties for Tampering" and Item 10 "Penalties for Falsification of Reports" of your permit for further information. Reporting_ The data you provided with your permit renewal application lists TKN and Nitrate - Nitrite in separate columns. Your permit requires that you report Total Nitrogen which is TKN+Nitrate+Nitrite expressed in mg/L. Please begin reporting Total Nitrogen in this manner. Representative Outfall Status: Your request for Representative Outfall Status was granted March 5, 2008 and will continue to be in effect under your renewed permit. For purposes of Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hhtt :Eportal.nodenr.orglwebllrl Mailing Address:1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801 An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCS000134 Page 2 of 2 analytical sampling, Outfall 001 is granted representative outfall status for Outfall 002; and Outfall 003 is granted representative outfall status for Outfalls 006 and 007. Outfalls 002, 006, and 007 must still be included in the twice -yearly qualitative monitoring event. Outfall 005 is a non-stormwater discharge covered under a separate NPDES permit. Please remember that any actions you initiate in response to benchmark exceedances as directed in the tiered response provisions of your permit must address all drainage areas represented by Outfalls 001 and 003, where appropriate. Chance in Ownership Please take notice this permit is not transferable. Part III, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. Appeal: If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you have any questions or comments concerning this permit, contact Julie Ventaloro at (919) 807-6370 or at julie.ventaloro@ncdenr.gov. Sincerely, ORIGINAL SIGNED B� KEN PICKLE for Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral and Land Resources Attachment: Permit NCS000134 cc: DEMLR Washington Regional Office, Bill Moore Sam Sampath, Ph.D., EPA Region IV, 61 Forsyth Street, Atlanta, GA 30303 Stormwater Permitting Program DWR Central Files NCS000134 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES . .0 TO DISCHARGE STORMWATER UNDER THE In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Avoca, Inc. is hereby authorized to discharge stormwater from a facility located at Avoca Farms - Merry Hill 841 Avoca Farm Road Merry Hill, NC Bertie County to receiving waters designated as Salmon Creek, a class C; NSW stream in the Chowan River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. This permit shall become effective July 1, 2015. This permit and the authorization to discharge shall expire at midnight on June 30, 2020. Signed this day June 15, 2015. for Tracy E. Davis, P.E., CPM, Director - Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000134 TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements Section C: Qualitative Monitoring Requirements Section D: On -Site Vehicle Maintenance Monitoring Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. 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 11. Onshore or Offshore Construction 12. Duty to Reapply 0 Permit No. NCS000134 Section B: General Conditions 1. . Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. . Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements 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 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS Permit No. NCS600134 01 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 Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit; and must recertify the No Exposure Exclusion annually. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee 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 of this 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 discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part I Page 1 of 2 SE Permit No. NCS000134 A.4I' !1. �� � �' �,1�"i o41 � ♦ h. y H e�' r k oil `t�,��- Stl ii )� ��]'o, f45 i� 1.• �j14�: `�'.�,.�.. �r s� ; ` ,I}r: YfVR'�.ir rl'�d y .'�'"' r r n. J �? ,n Sy � r "�Ri i�,{_�.�'ii' •Yt i r-� • �rr- �,,_i F M ly .• o , y•' bY1' , Fti 9 i 1 `9 v ..7 - ( f� ✓r 40 - '�:. r a '!.. '4! ,e�i. M1Y'*}J! 7 d, r r, :3.rt eti 1. O'. '�. • r �, -w, �1 •fv E r ��v Y 4" 3 ti y� AFL l ll`. ,-'" r ., TI"+ +Yk� l e' -f,. •_��„I ` �rs•. ■ Z„r rl e a r �`...f Ai';� i• tt�fli y d r' of !i �r iaY Y' �n r Y f %�w , �." .,�yr-ey A�tl�' -•fir } ail *J. `� �,L f � ��,�Y r ! k,�Yy ,r +r,. d.Y-,*e.o.•"�" d '-ti, '�. 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Avoca Farms - Merry Hill Latitude: 360 00' 07" N Longitude: 761* 42' 37" W GDunty: Bertie Receiving Stream: Salmon Creek Index No: 25-24 Stream Class: C; NSW Sub -basin: 03-01-04 (Chowan River Basin) Facility Location Permit No. NCS000134 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage 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 that could be expected to be present in the stormwater 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 and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part 11 Page 1 of 12 Permit No. NC50o0134 (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually 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 II1, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, 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 rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on 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 Reauthorization Act (SARA) water priority chemicals: and storage in any amount of hazardous substances, in 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 connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a Part 11 Page 2 of 12 Permit No. NCS000134 written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel 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 increased 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. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), 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 where not already addressed under another element of the SPPP. 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 and maintained in the SPPP. 5. 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 Quly 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 at the outfalls required in Part 1I B, C, and D of this permit. 6. 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. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. Part 1I Page 3 of 12 Permit No. NCS000134 7. Responsible Party. The SPPP shall identify,a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of nori-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison ofsample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (DMR) form, available from the Stormwater Permitting Program's website (See'Monitoring Forms' here: hUp:llpbrtal.ncdenr.org/weblirinpdes-stormwater). The Director may notify the permittee when the SPPP 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 SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part I11, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP 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 (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 12 Permit No. NCS000134 SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall.. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer. See Definitions Table 1. Analytical Monitoring Requirements Discharge Charactertistics Units Measurement Fre uen_ i Sample y T , +e2 ample Fcatiion3 Nitrogen, Total m L semi-annual Grab SDO Phosphorous, Total m L semi-annual Grab SDO Total Suspended Solids SS mgjL semi-annual Grab SDO Chemical Oxygen Demand COD m L semi-annual Grab SDO Lead, Total Recoverable m L semi-annual Grab SDO H standard semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain Gau e - Footnotes: 1 Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. Part 11 Page 5 of 12 Permit No. NCS000134 The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. 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. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part HI, Section E). However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid rgsulM within the monitoring period. Table 2. . Monitoring Schedule 1Vlomtorrn periods �Sample�Numbe StaF,, �Endt'u� p Year 1- Period 1 1 July 1, 2015 December 31, 2015 Year 1- Period 2 2 January 1, 2016 June 30, 2016 Year 2 - Period 1 3 July 1, 2016 December 31, 2016 Year 2 - Period 2 4 January 1, 2017 June 30, 2017 Year 3 - Period 1 5 July 1, 2017 December 31, 2017 Year 3 - Period 2 6 January 1, 2018 June 30, 2018 Year 4 - Period 1 7 July 1, 2018 December 31, 2018 Year 4 - Period 2 8 January 1, 2019 June 30, 2019 Year 5 - Period 1 9 July 1, 2019 December 31, 2019 Year 5 - Period 2 10 January 1, 2020 _r June 30, 2020 Footnotes: 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit The permittee must continue analytical monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit 2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days of the end of the sampling period. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period does not constitute failure to monitor, as long as it is properly recorded and reported. The permittee shall compare monitoring results to the benchmark values in Table 3. 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. See below the descriptions of Tier One, Tier Two, and Tier Three response actions below. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Part II Page 6 of 12 Permit No. NCS006134 Table 3. Benchmark Values for Analvtical Monitoring Discha a Characte_risticst Units '^' ".,, Benchmar Total Suspended Solids CTSS) mg/L 100 Chemical Oxygen Demand mg/L 120 pH standard 6-9 Nitrogen, Total mg/L 30 Phosphorous, Total mg/L 2 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part 11 Page 7 of 12 Permit No. NCS000134 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: 1. 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 exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the Inspection. 5. Record each instance of a Tier One response in the SPPP. Include 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. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response. If: The first valid sampling results from two consecutive monitoring periods are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall; Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and reporting for all parametCa. The permittee shall conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly [analytical and qualitative] monitoring shall continue until three consecutive sample results are below the benchmark values or within benchmark range. 3. If no discharge occurs during the sampling period, the *permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including reduced or additional sampling parameters or frequency. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier. Three 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 DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Part If Page 8 of 12 Permit No. NCS000134 SECTION C: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually as specified in Table 4, and during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 4. ualitative Monitoring Requirements iin "."95d5i' l'� xrA^ [. s Discharge Character st><cs } 4 �gA,1 Gi-,.,�.ti31 }'%i Frequencyt, ;,, 'j94atiT .�Y4' ; Monito�ng F Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Other obvious indicators of stormwater pollution semi-annual SDO Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (00) regardless of representative outfall status. Part li Page 9 of 12 Permit No. NC50o0134 A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention Plan. Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that 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. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table S. Analytical Monitoring Requirements for On -Site Vehicle Maintenance 1)>ischarge�Characteristics` ;Units ` ' ; Measurement v Sample o Sample ` 1~re" uen' T ez . Locations Non -Polar Oil &Grease by mg/L semi-annual Grab SDO EPA Method1664SGT-HEM Total Suspended Solids m L semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage- I gallons/month 1 semi-annual I Estimate - Part 11 Page 10 of 12 Permit No. NCS000134 Footnotes: 1 Measurement Frequency: Twice per year during a measureable storm event (unless other provisions of the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded. See Table 2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 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, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain guage may be substituted"for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 1I Section B. 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 permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee 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 i)ischairgeCharacterrstics . __ : Uriiits Benchmark';", Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 Part II Page 11 of 12 Permit No. NCS000134 PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 2. 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 Stormwater 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: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41). b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part III Page 1 of 9 Permit No. NCS000134 d. Any person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 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, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)], f. Under state law, a civil penalty of not more than $25,000 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 [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308,318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 011_and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. PCQRi1SY Rights The issuance of this 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 [40 CFR 122.41(g)]. Part III Page 2 of 9 Permit No. NCS000134 Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 8. O,ply to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. 9. 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 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 than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Fal5ifica 'on 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 to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance 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 [40 CFR 122.41]. 11. { n5hoTp ar Offshorc Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION 8: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. 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, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et seq. Part III Page 3 of 9 Permit No. NCS000134 2. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. Signa" toffy Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. 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 submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22]. PartIll Page 4 of 9 Permit No. NCS000134 Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction orsupervision 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 forgathering the information; the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are signif cant penalties forsubmitting false information, including the possibility of fines and imprisonment for knowing violations." Electronic Reports. All electronic reports (e:g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and hot a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North' Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. 4. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit'does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the 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 eta]. The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 6. Annual Administering and Compliance Monitoring FeeRe uir_ements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. 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 the conditions of this 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 conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt Q[RCduce Not a Defense It shall riot 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 permit [40 CFR 122.41Cc)]. Part III Page 5 of 9 Permit No. NCSOOb134 3. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee 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 engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under, Part III, Section E of this permit If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS 1. Representative Sam In ins Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable 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 or is 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 Permit issuing Authority [40 CFR 122.410)]. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 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 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 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. if no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Part III Page 6 of 9 Permit No. NCS000134 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions, o copies of all data used to complete the application for this permit These records or copies shall be maintained 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 [40 CFR 122.41]. 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 permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 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 or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (httR//pgrtal.urdCnr.grg/web/Ir/npdes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. Part III Page 7 of 9 Permit No. NCS000134 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 specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to; Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 3. Availability_or fReports 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 of this permit shall be available for public inspection at the offices of the Division. 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 143-215.613 or in Section 309 of the Federal Act 4. If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Chanees 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 [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. AnticipatCd Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. Part III Page 8 of 9 Permit No. NCS000134 7. $pills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit Additionally, the permittee shall report spills including: any oil spill of 25 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. 8. Bypass Notice [40 CFR 122.41(m)(3)]: 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 effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 9. Twenty-four,HQUr Re o�nE a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(l)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other !Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(I)(7)]. 11. Ot Cr Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. Part III Page 9 of 9 NCS000"134 PART IV DEFINITIONS 1. Ad See Clean Water Act. 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-StoEMMter Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: 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, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices [BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: t S. B3Mass 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. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, 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. Certificate_of_Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. Part IV Page 1 of 4 Permit No. NCS000134 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EML The North Carolina Environmental Management Commission. 12. 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. 13. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. 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. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS41 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Ex of sgre 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 [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Noticg of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Eermittee The owner or operator issued this permit. 21. 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 Stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCSOOI)134 22. Rgnresentative 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 Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priorily Chemical A chemical or chemical category which: b. is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of. 1986; c. Is present at or above threshold levels at a facility subject to SARA title I11, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. 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); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe PropeW Damage 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 property damage does not mean economic loss caused by delays in production. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant 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 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfall (SDO) The point of departure of stormwater 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 directly or indirectly into waters of the State of North Carolina. 29, Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of 4 Pages Permit No. NCS000134 30. 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. 31. 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. 32. Total Maximum Daily Load (TMDLI TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at htW:l/portal.ncdenr.org/weblwglpslmtu/tmdl. 33. Toxic Poll,gIgnt Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25-year, 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part IV Page 4 of 4 Pages T 6112/2015 Request for Affidaut for NCS000134- elaine.nx"a}Qroanole-chamnnewsherald.corn- RoanolEChmw News Herald Mail 'Good Morning Elaine, Following up from our phone conversation this morning. I am requesting 2 copies of the affidavit for the below public notice that ran one time in your paper — on 4/29/15. Please mail copies to the below highlighted address to my attention. I need the of davits in order to submit invoice for payment. I appreciate your help! NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT `- Public comment or objection to the draft permit(s) is invited. Submit written comments to DEMLR at the address below. 5 t 4 t 1, prt : All comments received prior to May 29, 2015 will be considered in the final determination regarding permit issuance �,�-.; and permit provisions. tApplication: Avoca, Inc, P.O. Box 129, Merry Hill, NC has applied for an NPDES permit to discharge Stormwater from an industrial facility at: Avoca Farms -Merry Hi11, 841 Avoca Farm Rd, Merry Hi11, NC, Berti e County. The facility discharges to Salmon Creek in the Chowan River Basin. Stormwater Permitting Contact: Julie Venta I oro bl (919 ,907-6370 iulie.ventaloro(�ncdenr.eov r• , Acopy of the draft permit(s) NCS000134 is available at: http://aortal.ncdenr.ore/web/ir/public-notices. Additional ' permit documents are available for the reproduction cost at: DEMLR Stormwater Permitting Program 1( 1 • 512 N. Salisbury Street (location, zip 27604) 1612 Mail Service Center (mail) Raleigh, NC 27699-1612 Laura Alexander Stormwater Permitting Program ' NC Division of Energy, Mineral and Land Resources 1612 Mail Service Center ��eEivE❑ Raleigh, NC 27699-1612 N--`_ 919 807-6368 .xrt JUN 18 2015 DENR-LAND QUALITY �.�'r STQRMWATER PERMITTING data:te:Wh rrd;charset=utb8,%3Cp%20class%3D%22MsoNororal%22%20sty e%3D%22margin0/.3A%200px%3B%20cdor%3A%20rgb(34%2C%2034%2C%2... _w HE AFFIDAVIT OF PUBLICATION E ..' This is not an Invoice Roanoke-Chowan News -Herald S i11 Post Office Box 1325 Ahoskie, North Carolina 27910 IN ACCOUNT WITH iED NC DENR-DAQ `lU'V 18 2015 'b=r 1612 Mail Service Center pENR LA� # Raleigh, NC 27699 sTORAMATER AIR ��TY Date Description Lines Rate r 5/13/2015 NC Div. of Energy, Mineral, and 78 Legal Line Land Resources Intent To Issue A Storm Water Discharge Permit Attorneys placing legal advertising are held responsible for payment. All statements payable 10 days after billing. Additional copies of this notice will be furnished except upon payment of fee of $20,00. NORTH CAROLINA BERTIE COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared the undersigned representative who being duly sworn, deposes and says that he (she) is an employee or other officer authorized to make this affidavit of Roanoke-Chowan Publications, LLC, engaged in the publication of a newspaper known as the Roanoke-Chowan News Herald, issued and entered as second class mailing in the Town Ahoskie, N.C., in said county and state; that he (she) is authorized to make this affidavit and sworn statement; and the notice or other legal advertisement, a true copy of which is attached hereto, was published in the Roanoke-Chowan News - Herald on the following date April 29, 2015 And that the said newspaper in which such notice, paper, document or legal advertisement was published was at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This the 13`h day of May 2015. F_Pavx� t �,`aas �uurauruuqu� `', W- . , Signature of representative making affidavit) V Q rjQTiq/?Y a MY COMMISMON EXPIRES Sworn to and subscribed before to me this 13`h day of May 2015. ttlt>3V2pt8 C� sryg�"9 pIJB LIG �?F a AwoPublic) 41719 Du uOr�►?,,%i r&+ . e } A AFFIDAVIT OF PUBLICATION This is not tin Invoice Roanoke-Chowan News -Herald Post Office Box 1325 Ahoskie, North Carolina 27910 R �CEjVED .IN ACCOUNT WITH 1 Uf v IS 2015 DENR.L,4AID N6 DMNR-Dail rvi e Center SrpRMWAT R f'QUALITy MI NG Raleigh, NC 27699 Date Description Lines Rate 511312015 NC Div. of Energy, Mineral, and 78 Legal Line Land Resources Intent To Issue A Storm Water Discharge Permit Attorneys placing legal advertising are held responsible for payment. All statements payable 10 days after billing. Additional copies of this notice will be furnished except upon payment of fee of $20,00. NORTH CAROLINA BERTIE COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared the undersigned representative who being duly sworn, deposes and says that he (she) is an employee or other officer authorized to make this affidavit of Roanoke-Chowan Publications, LLC, engaged in the publication of a newspaper known as the Roanoke-Chowan News Herald, issued and entered as second class mailing in the Town Ahoskie, N.C., in said county and state; that he (she) is authorized to make this affidavit and sworn statement; and the notice or other legal advertisement, a true copy of which is attached hereto, was published in the Roanoke-Chowan News - Herald on the following date April 29, 2015 And that the said newspaper in which such notice, paper, document or legal advertisement was published was at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This the 136` day of May 2015. pvelo_t'_� nxl��Kj `,`,`��S�,�►rl�turrurrrrar, Via`` (Signature of representative narking ndavil} Q NOTARy MY COMMIss" EMAES Sworn to and subscribed before to me this 13'' day of May 2015, tilt9/2oia � PUB U0? 4 { olary public) 381 Advertising Statement I Laura Alexander NC DENR-DAQ (Gerald Desota) NC DAQ Budget Office 1612 Mail Service Center: Raleigh, NC 27699-1612 u; R-C News -Herald Classifieds PO Box 1325 Ahoskie„ NC 27910 Phone: 252-332-2123 Fax: 252-332-3940 Customer: 35100941-000 Phone: (919)807-6368 Date : 04/30/15 Page : 1 0 Date_ ..._ _Reference #. Type _.. __Description_ ( ... 5:04/29/15 01532275-001 i NCS000134 Avoca Public Notice RECEIVED MAY 0 5 2015 DEER -LAND QJAL11Y STCRMINATER PERMITTING f r f QL .aemarks f� Thank you for your business. Current 74.10 I 1-30 0.00 1 31-60 0.00 Runs Lines Inches- __ Total. 1 78 11.01 74.10 �o - 7 Sub Total: 74.10 Discounts: 0.00 Total Due: 74.10 61-90 0.00 91 + 0.00 Ventaloro, Julie From: Brian Conner <Brian.Conner@Avocainc.com> Sent: Monday, April 13, 2015 2:22 PM To: Ventaloro, Julie; David Peele; Sam Tynch Subject: RE: NPDES Stormwater Draft Permit NCS000134 Follow Up Flag: Follow up Flag Status: Flagged Ms. Ventaloro, I have reviewed the draft Storm -Water Permit for Avoca, Inc., and everything that I received looks good. I did not get the last 3 pages however. The attachment only went through page 9 of 12. This may not be an issue since that may just be general conditions(?). s rtstri•� drams w! a 1� Pai� Thanks, V '0 Brian Conner Environmental, Health, & Safety Manager Avoca, Incorporated From: Ventaloro, Julie rmailto:iulle.ventaloro@ncdenr.gov Sent: Wednesday, April 08, 2015 2:03 PM To: David Peele Cc: Brian Conner Subject: NPDES Stormwater Draft Permit NCS000134 Mr. Peele and Mr. Conner, We are seeking your comments on the attached draft permit for the Avoca Farms facility in Merry Hill, NC. The cover letter outlines the changes that were made to the permit since it was last issued. Please review the draft permit and send your. comments tome either by email or regular mail. I've dropped a hard copy in the mail to you as well. The draft has not gone out for public notice yet, but I anticipate that happening within the next month or so. I'll let you know when that happens. Please feel free to give me a call if you have any questions. Julie Ventaloro Stormwater Permitting Program NC Division of Energy, Mineral, and Land Resources 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone: (919) 807-637o Fax: (919) 807-6494 Website: http:llwatersul?plvwatershed.nc.gov 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. CCDEWR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. David M. Peele Avoca, Inc. P.O. Box 129 Merry Hill, NC 27957-0129 Dear.Mr. Peele: Donald R. van der Vaart Secretary April 8, 2015 Subject: Draft NPDES Stormwater Permit Permit No. NCS000134 Avoca Farms — Merry Hill Bertie County Enclosed with this letter is a copy,of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from the facility's current permit: 1. You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part II, Section B. This term is different from the "representative storm event" in earlier permits. 2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II, Section A. 3. Changes have been made to two monitoring parameters, including a change to one benchmark. Stormwater benchmarks are not permit limits, but rather guidelines for implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark exceedance is not a permit violation; however, the permittee must respond to exceedances as directed in the Tiers. • The Oil & Grease parameter is changed to Non -polar Oil & Grease [EPA Method 1664 (SGT-HEM)]; the benchmark for Non -polar Oil & Grease is 15 mg/L. • Vehicle maintenance monitoring parameters have been revised as follows: Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200/ FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:Nportal.ncdenr.orglwebAr/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCS000134 Page 2 of 2 o Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)] replaces Oil & Grease/TPH. This requirement appears in all individual stormwater permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. o pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. 4. The data you provided with your permit renewal application lists TKN and Nitrate - Nitrite in separate columns. Your permit requires that you report Total Nitrogen which is TKN+Nitrate+Nitrite expressed in mg/L. Please begin reporting Total Nitrogen in this manner. Threatened and Endangered Species: Please note that your facility drains to an area where there are threatened and endangered species. The Shortnose Sturgeon (Acipenser brevirostrum) is an endangered species that has been identified near your facility. Failure to abide by your stormwater permit may constitute violation of the Threatened and Endangered Species Act. Representative Outfall Status: Your request for Representative Outfall Status was granted March 5, 2008 and will continue to be in effect under your renewed permit. For purposes of analytical sampling, Outfall 001 is granted representative outfall status for Outfall 002; and Outfall 003 is granted representative outfall status for Outfalls 006 and 007. Outfalls 002, 006, and 007 must still be included in the twice -yearly qualitative monitoring event. Outfall 005 is a non-stormwater discharge covered under a separate NPDES permit. Please remember that any actions you initiate in response to benchmark exceedances as directed in the tiered response provisions of your permit must address all drainage areas represented by Outfalls 001 and 003, where appropriate. Please review the draft permit and submit any comments to me no later than 30 days following your receipt of the draft. Comments may be emailed to me at julie.ventaloro(a),ncdenr.gov or mailed to my attention at NCDENR, Land Quality Section, 1612 Mail Service Center, Raleigh, NC 27699-1612. If you have any questions, please email me or call me at (919) 807-6370. Sincerely, Julie Ventaloro Stormwater Permitting Program Attachment: Draft Permit NCS000134 cc: Bill Moore, DEMLR Washington Regional Office Stormwater Permitting Program Files z' RIF% NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary DATE: June 16, 2015 TO: [RECIPIENT] EMAIL: (E-MAIL] FROM: Julie Ventaloro, Division of Energy, Mineral, and Land Resources SUBJECT: PUBLIC NOTICE PAGES: 1 Please publish only the information (Public Notice) attached, ONE TIME in the legal section of your paper by Wednesday. April 29, 2015. Please fax a copy of the proof to Laura Alexander 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: Laura Alexander NCDENR/DEMLR/Stormwater 1612 Mail Service Center Raleigh, NC 27699-1612 NC DIV. OF ENERGY, MINERAL, AND LAND RESOURCES' INTENT TO ISSUE A STORMWATER DISCHARGE PERMIT Public comment or objection to the draft permit(s) is invited. Submit written comments to DEMLR at the address below. All comments received prior to May 29, 2015 will be considered in the final determination regarding permit issuance and permit provisions. Application: Avoca, Inc, P.O. Box 129, Merry Hill, NC has applied for an NPDES permit to discharge stormwater from an industrial facility at: Avoca Farms -Merry Hill, 841 Avoca Farm Rd, Merry Hill, NC, Bertie County. She facility discharges to Salmon Creek in the Chowan River Basin. Stormwater Permitting Contact: Julie Ventaloro (919) 807-6370 iulie.ventaloro@ncdenr.aov A copy of the draft permit(s) NCS000134 is available at: htto.//Portal.ncdenr.org/web/Ir/public-notices. Additional permit documents are available for the reproduction cost at: DEMLR Stormwater Permitting Program 512 N. Salisbury Street (location, zip 27604) 1612 Mail Service Center (mail) Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: httpJ/portal.ncdenr,org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper nL45 0 oo 13 jV 38 R-C News -Herald ClassifiedsAdvertising PO Box 1325 Statement Phone: 2- 27910 Phone: 252-332-2123 1 Fax: 252-332-3940 Laura Alexander NC DENR-DAQ (Gerald Desota) i NC DAQ Budget Office 1612 Mail Service Center, Raleigh, NC 27699-1612 Customer: 35100941-000 Phone: (919)807-6368 Date : 04/30/15 Page : 1 :. Date _ . _ __Reference #. _ Type_ _ _ , Description_ ___ _ __ Runs. _Lines._ .._ Inches_ _Total J-04/29/15 01532275-001 i NCS000134 Avoca Public Notice 1 78 11.01 74.10 1. i RECEIVE® t4 AY 0 5 2015 DEINn-L AM QUALITY STORUWATiER RtRItIITTWG _remarks Thank you for your business. Current 74.10 1 1-30 0.00 Sub Total: 74.10 Discounts: 0.00 Total Due: 74.10 31-60 0.00 61-90 0.00 91 + 0.00