20210330_NCG02_Applicaton

Division of Energy, Mineral and Land Resources /
Land Quality Section — Stormwater Permitting Program
National Pollutant Discharge Elimination System
Environmental
Quality NCG020000
NOTICE OF INTENT - General Permit Application
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code -14XX Mineral Mining Industry (except as specked below) and
like activities
The following activities are included:
Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge
stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located on the site of such operations;
Stormwater from vehicle maintenance activities (VMA) at mining operations;
Overflow from facilities that recycle process wastewater; and/or
Mine dewatering (wastewater)
The following activities are specifically excluded from coverage under this General Permit:
Stormwater discharges associated with peat mining, coal mining, and metal mining;
Stormwater discharges from mining operations which are intermixed on site with stormwater from concrete
operations;
Stormwater discharges associated with oil and gas extraction operations; and
Stormwater discharges associated with tourist gem mines
NCDOT borrow pits (covered under individual permit NCS000150)
The following discharges are covered by NPDES general Permit NCG520000 Instead of NCG020000:
Point source discharges of stormwater and wastewater from in -stream sand mining operations (sand dredging
or dipping operations) are covered instead by NPDES General Permit NCG520000, administered by the Division
of Water Resources NPDES Wastewater Permitting Program. Please contact DWR for more information.
Please Print or type all entries in this anolicatfon torn.
1) Mailing address of owner/operator (official address to which all Permit correspondence will be mailed):
Legal Owner Name HOM Development, LLC
(Attach the most recent Annual Report to the NC Secretary or State showing the current legal name or the corporation or entity.
Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the
Division of Energy, Mineral, and Land Resources' Mining Permit.)
Signee's Name (as signed for in question 41. at end) Jamie Basnight Hatchell
Street Address 1002 Driftwood Drive, PO Box 2405
City Manteo State NC ZIP Code 27954
Telephone No. 252 473-6074 E-mail [e-mail]
Alternate Contact Name' Derek Hatchell E-mail ('If different)
Alternate Contact Telephone (If different) 252 202-1501
'Alternate contact should be affiliated with the OwnerlOperator. Consultant information can be provided
in question 5.
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2) Location of facility producing discharge:
Facility Name
Foster Forbes Mine
Facility Street Address
8081 Caratoke Highway
Facility City
Powells Point State NC ZIP Code 27966
Facility County
Currituck
Facility Contact
Janmie Basnight Hatchell
Telephone No.
252 473-6074 Fax: [phone]
Contact E-mail
[e-mail]
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection).2.5 miles south of Powells Point Post Office on US158.
8180 Caratoke Hwy., Powells Point, NC 27966
4) Facility Location Coordinates:
5)
Latitude 36,131738 N Longitude-75.842601 W (degrees / minutes / seconds or decimal
degrees)
Consultant Information (if applicable):
Consultant:
Consulting Firm:
Mailing Address:
City:
State: Zip Code:
Phone: Fax: ()
E-mail:
Permits:
6) This NPDES Permit Application applies to which of the following:
d New or Proposed Facility
❑ Existing
7) Standard Industrial Classification:
Elliott Consulting
Ken Elliott
202 Ellian Raud, PO Bo. 112 P: 252-339.9021
Ardic", NC 27916 F: 889-6376241
ken(a'kenobs cola
Date operation is to begin: June 1, 2021
Date began mining:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility SIC Code: 1 4 4 2
8) Provide a description of the types of minerals mined at this facility:
Sand & topsoil
9) Is this a PROCESSING -ONLY facility for materials mined elsewhere? e No ❑ Yes
10) Is this an inactive mine site?
9 No
❑ Yes If yes, have you certified to the Stormwater Permitting Program that all portions of the site where
clearing, grading, and/or excavation activities have occurred have been stabilized?
❑ No ❑ Yes (If yes, the site may be eligible for "Dormant Status" and reduced BMP
inspections. See the General Permit.)
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11) Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section?
d No If no, please indicate the status of the Mining Permit application: Permit application in process
❑ Yes If yes, please provide the Mining Permit number . Also provide a copy of
the DEMLR Mining Permit with this NPDES application.
12) Does this facility have any other NPDES permits?
0 No
❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility:
13) Are you applying for a discharge permit in the same location as a previously permitted mine?
N No
❑ Yes If yes, specify permit number and mine name if known:
14) Does this facility have any Non -Discharge permits from DWR (e.g., recycle permits)?
I No
❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility:
16) Does total area of this mine site include ready -mixed concrete plant and/or asphalt plant areas?
N No
❑ Yes If yes, do they have separate NPDES stormwater permits? ❑ No ❑ Yes (provide permit
number(s)
If not owned by the same company, who is the owner?
Development Activities and Buffers:
16) Will this mining operation precede development activities at this site?
P No
❑ Yes
17) Is this mine located within one of the 20 Coastal Counties, and will it add more than 10,000 ft2 of
impervious surface?
❑ Yes (to both)
N No, this mine site IS in one of the 20 Coastal Counties but will NOT add 10,000 ft2 of impervious surface.
❑ No, this mine site is NOT in any of the 20 Coastal Counties.
if this site is in one of the 20 Coastal Counties, you may be required to apply for an additional State
Stonmwater Permit Check with your local Regional Office (see contact information and checklist below).
18) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan
Water supply Watersheds?
9 No
❑ Yes If yes, what size stream buffers are included on site? ft. You must show buffers on site
plans. Also include information and plans showing diffuse flow through buffers as required.
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1`&4&T1? r r rZrlkXe1"
Discharge Points, Receiving Waters & Wetlands:
19) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
and/or wastewater discharges will end up in? Albemarle Sound
To find the waterbody, please see the NC Surface Waterbody Classifications map at
https://deq.nc.g ov/about/divis i o ns/water-resources/water-resources-science-data
Receiving water classification(s) for the waters: as
If the site will discharge to a separate storm sewer system, name the operator of the separate storm sewer
system (e.g. City of Raleigh municipal storm sewer). N/A
Discharge of wastewater to receiving waters classified as WS-11 through WS-V, or SA, must be
approved by the Division of Water Resources (DWR) or Division of Marine Fisheries
(DMF). DEMLR cannot grant coverage under NCG020000 without that approval. Also be advised that
no new discharges of wastewater are permitted in receiving waters classified as WS-1 or
freshwater ORW. Wastewater discharges to saltwater ORW will not be approved under General Permit
NCG02 but may be eligible for an individual permit.
20) Will this mine site discharge wastewater or stormwater to waters classified as High Quality Waters
(HQW), Primary Nursery Areas (PNA), Trout jr) waters, or a class with a symbol like "+" or "@" that
denotes a special management strategy is in place?
d No ❑ Yes, HQW* ❑ Yes, includes "+" or
❑ Yes, PNA* ❑ Yes, Trout jr)
21) Will this mine site discharge wastewater or stormwater to waters classified as Shellfish (SA) waters?
e No
❑ Yes, SA*
*For questions 19-20, be advised that the NCG02 General Permit limits the discharge volume of total combined
wastewaters to 50 percent of the receiving water in -stream flow under 7Q 10 conditions in HQW waters (PNA and
SA waters are considered HQW by definition). You maybe required to contact USGS to obtain a 7Q 10 flow.
22) Will this mine site discharge wastewater or stormwater to impaired waters, or to waters with an
approved "Total Maximum Daily Load" (TMDL)?
To find impaired waters & TMDLs, please see the Impaired Waters Map & TMDL map on
https://deq.nc.gov/about/d ivisions/water-resou rcestwater-resources-science-data
N No
❑ Yes, these waters are impaired for (list pollutants):
❑ Yes, these waters have a TMDL for (list pollutants):
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23) List discharge points (outfalls) that convey discharge from the mine site (both on -site and off -site) and
location coordinates. Attach additional sheets if necessary, or note that this information is specified
on the site plan. Include proposed maximum daily flow rate for each wastewater outfall.
You must show all discharge points clearly on the submitted site plan. Be advised
that NCDEQ may require you to apply for an individual permit, based on proposed
discharge rates and receiving stream conditions (low flows, impairments, etc.)
Stormwater
Stonnwater Outfall No.
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Stormwater Outfall No.
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Stormwater Outfall No.
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Stormwater Outfall No.
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Stormwater Outfall No.
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Stormwater Outfall No.
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Mine Dewatering
Mine Dewatering (Wastewater) Outfall No. 1
Proposed maximum flow rate:0.24 mgd
Latitude (degrees/minutes/seconds or decimal degrees): 36.132956
N
Longitude (degrees/minutes/seconds or decimal degrees): -75.841882
W
Mine Dewatering (Wastewater) Outfall No.
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Process Wastewater
Process Wastewater Outfall No. Wastewater Description:
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees): N
Longitude (degrees/minutes/seconds or decimal degrees): W
Process Wastewater Outfall No. Wastewater Description:
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees): N
Longitude (degrees/minutes/seconds or decimal degrees): W
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24) Help us understand what will happen to the dewatering water at this mine site:
❑ NIA — this mine is not dewatering at all and will not dewater in the future.
a) Will this mine be dewatering and discharging to waters of the state? (Answer only if dewatering)
❑ No
9 Yes If yes, where to? 9 Surface Waters and/or Wetlands (on -site or off -site)
❑ Other (on -site or off -site) Describe:
b) Will this mine be dewatering but not discharging to waters of the state? (Answer only if dewatering)
9 No
❑ Yes If yes, explain how you are dewatering, and where that water will be directed:
26) Are there wetlands or surface waters within 400' of the mine pit perimeter?
❑ No
9 Yes If yes, what distance are they from the mine pit perimeter? 75 feet.
26) Will mining operations require dewatering near wetlands or other waterbodies, and will dewatering
potentially impact any wetlands or other waterbodies?
❑ No, dewatering will not occur near (within 400') of wetlands or other waterbodies (e.g., streams, lake, etc.)
9 Yes, dewatering will be near wetlands or other waterbodies
Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that
have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and
Implement a Pumping Operation and Monitoring (POM) Plan that has been approved by the
Department.
For sites that may drain wetlands — approval of a POM Plan may be required prior to coverage under
this permit. The POM Plan should be submitted to the appropriate Regional Office and in all cases m,_ ust be
approved prior to operation.
The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of
pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain
surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at the end of the
application. Contact the Regional Once for questions specific to your mine.
27) Have you been required to obtain 404/401 Certification permits?
N No
❑ Yes If yes, please briefly describe below (include information such a required mitigation, BMPs,
setbacks, and/or O&M plans for on or off --site wetlands or other pertinent information). Attach other sheets as
necessary:
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28) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
❑ No a Yes If yes, please attach to application submission.
Stormwater BMPs and Vehicle Maintenance:
29) Does this facility employ best management practices for stormwater control?
❑ No P Yes If yes, please briefly describe:
30) Does this facility have a Stormwater Pollution Prevention Plan?
d No ❑ Yes If yes, when was it implemented?
31) Are vehicle maintenance activities (VMA) occurring or planned at this mine site?
IN No El Yes. If yes, will VMA area runoff discharge into the wastewater treatment system(s)?
❑ No, VMA runoff will discharge separately through a stormwater ouffall
❑ Yes, VMA runoff will drain back to the mine pit or other wastewater system
Wastewater Treatment Facilities:
32) Will mine dewatering occur? (Yes, we are asking about dewatering again.)
❑ No
e Yes
If yes, will the mine discharge this water? Yes
33) Will this facility wash mined materials?
IN No
❑ Yes If yes, will the mine discharge this water?
34) Will discharges of process wastewater treatment systems occur (including possible recycle system
overflows)?
a No
❑ Yes If yes, describe what kind of systems:
35) Will this facility employ chemical additives to flocculate suspended solids?
e No
❑ Yes If yes, provide the name, manufacturer, and the quantity of average daily usage of the chemical
additive (if known):
Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Carolina:
https://deq.nc.gov/about/d ivisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-permits/
construction-sw
36) Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that
exceed the 10-yr, 24-hr rainfall event?
❑ Yes If yes, which treatment systems are those?
No, all wastewater treatment facilities will discharge more frequently (i.e., during smaller rain events)
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37) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain?
d No
❑ Yes
E 138) A Wastewater treatment alternatives review is required by 15A NCAC 2H.0105 (c)(2)
for any new or expanding water pollution control facility discharges in North Carolina. You may
attach additional sheets. List the types of wastewater this mine site will discharge:
❑ Mine Dewatering
❑ Process Wastewater (such as washing or recycle system overflows, other mining activity wastewater)
a) What wastewaters were considered for this alternatives review? ❑ Dewatering ❑ Process WW
b) Connection to a Municipal or Regional Sewer Collection System:
i) Are there existing sewer lines within a one -mile radius? ..................................... ❑ Yes �✓ No
(1) If Yes, will the wastewater treatment plant (WWTP) accept the wastewater? .... ❑ Yes ❑ No
(a) If No, please attach a letter documenting that the WWTP will not accept the wastewater.
(b) If Yes, is it feasible to connect to the WWTP? Why or why not?'
N/A
c) Closed -loop Recycle System (meets design requirements of 15A NCAC 2T .1000):
i) Are you already proposing a closed -loop recycle system (CLRS)? ......................... ❑ Yes 11 No
(1) If Yes, for what type of wastewater at this mine site? ❑ Dewatering ❑ Process WW
(2) If No, is this option technologically feasible (possible)? Why or why not?'
Would require dredge, not available, no room, not cost effective.
(3) If No, is it otherwise feasible to build a CLRS at this site? Why or why not?'
Would require dredge, not available, no mom, not cost effective.
(4) What is the feasibility of building a CLRS compared to direct surface water discharge?'
None
d) Surface or Subsurface Disposal System (e.g., spray irrigation):
i) Is a surface or subsurface disposal technologically feasible (possible)? ..................... ❑ Yes a No
Why or Why not?' Would not be able to remove enough water from pit to he useful
ii) Is a surface or subsurface disposal system otherwise feasible to implement?'............ ❑ Yes a No
WhyorWhynot?` would require agreement with adscontform operation
.
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iii) What is the feasibility of employing a subsurface or surface discharge as compared to a direct
discharge to surface waters?* None at this location.
e) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound
alternative of all reasonably cost-effective options for the wastewaters being considered?*
9 Yes ❑ No
f) If this review Included all wastewater discharge types, would excluding some types (e.g. mine
dewatering) make any of the above non -discharge options feasible for some of the wastewaters?
❑ Yes 8 No
* Feasibility should take into account initial and recurring costs. You may be asked to provide
further information to support your answers to these questions after the initial review.
Other:
39) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
N No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
M No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
M No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste: N/A
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport / disposal vendor. —
Vendor address:
40) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? (See
permit text for secondary containment requirements.)
❑ No
a Yes
41) Does your site have an active landfill within the mining permit boundary?
I No
❑ Yes If yes, specify type: ❑ LCID (Land Clearing and Inert Debris) ❑ Other:
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Final Checklist:
WifThis application will be returned as Incomplete unless all of the followin�a items have been included and
initialed for. Please show that the following required information has been included by initialing in each
space below.
x Fee of $100 made payable to NCDEQ.
x Completed application and all supporting documents.
x Copy of the valid approved mining permit (MP) for the facility or indication of MP application status.
x Copy of a county map or other general location map that shows the mining site and nearest major roads
x Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly
shows site location in relation to nearby streams, wetlands, and other waters, etc.
x 2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with
all outfalls, applicable buffers and wetlands clearly delineated, receiving waters, and
100-year flood plain line if applicable.
x A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 27 above.
x A line drawing of the water flow through the facility or block flow diagram. A pictorial description of the
nature of any sources of water and any collection and treatment measure,.
x If mine site is in one of the 20 Coastal Counties:
• Applicant has checked with the appropriate regional office to verify the need for a Coastal Staffs
Stormwater permit. Indicate the Regional Office Contact: Thom Edgerton, WaRO
• Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage
areas, and total drainage area.
x If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater,
include the followings and contact your local realonal office about a Pumping Operation and
Monitoring (POM) Plan. An approved POM plan may be required odor to NCG02 issuance.
x 2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the
plans and listing acreage (including: wetlands, ditches, well -placements, pits,
borrow areas, overburden storage, stormwater controls/BMPs, vehicle
maintenance areas, settling basins, product process (such as screening,
stockpiles, waste piles), total drainage area, impervious surface percentages (if
state SW programs apply), applicable buffers, and access and/or haul roads).
x Pump dewatering size and information on its specifications.
Well information (design, depths, maintenance).
x Physical monitoring for the wetlands areas.
x Settling pond sizing information, if applicable.
Level spreader design, if applicable.
x Details about dewatering method.
Cone of influence calculations.
x Description of measures to prevent erosion and flooding
Description and information about 401/404 permits that have been obtained
.I_Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation
applicable).
x I have contacted my local regional office about a POM Plan.
Regional Office Contact: Thom Edgerton, WaRO . Date contacted: 03-17-2021
-OR-
I will not impact any nearby wetlands, surface waters, or groundwaters by dewatering.
(if
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Certification: North Carolina General Statute 143-216.6 b (1) provides that:
Any person who knowingly makes any false statement, representation, or certification In any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule Implementing this Article; or who knowingly makes a false
statement of a material fact in a nulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission Implementing this Article shall be guilty of a Class 2 misdemeanor which may Include a fine not to
exceed ten thousand dollars ($10,000).
41) Signatory Requirements (per 40 CFR 122.22)
All applications, reports, or Information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General Permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this permit, 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
employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million on second quarter 1980 dollars), if
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.
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will
constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual
permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining
permit must be attached to this request.)
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protectbn
so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing
solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not
result in contamination of the surface or ground waters.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Printed Name of Person Signing: Jamie Basnight Hatchell
Title: Mpager, HOM Development, LLC
03-18-2021
of Applicant) Lj (Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDEQ.
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Mail the entire package to:
DEMLR - Stonnwater Program
Dept. of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee coverage under the NPDCS
NCG02 General Permit. Upon review of the submittal, the Division may
determine that coverage under an individual permit is more appropriate. Also be
advised that renewed and continued coverage under NCG02 may be dependent
upon the permittee's compliance success and/or status of the receiving waters.
For questions, please contact the DEMLR/Land Quality Secdon Regional Office for your area.
DEMLR/Land Quality Section Realonal Office Contact Information:
Asheville Office ......
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
707-9220
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