HomeMy WebLinkAboutNCG070204_COMPLETE FILE - HISTORICAL_20131121STORMWATER (DIVISION CODING SHEET
NCG PERMITS
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM
Director
November 21, 2013
Mr. Doug Fouts, EFTS Hanager
Adams an Oldcastle Company
333 North Greene Street, Suite 201
Greensboro, North Carolina 27401-2265
Dear Mr. Fouts:
Pat McCrory, Governor
John E. Skvarla, III, Secretary
Subject: General Permit No. NCG070000
Adams an Oldcastle Company
Castle Hayne
COC No. NCG070204
New Hanover County
In accordance with your application for a discharge permit received on July 18, 2013, we
are forwarding herewith the subject certificate of coverage (COC) to discharge under the subject
state - NPDES general 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 US
Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
If any parts, measurement frequencies, or sampling requirements contained in this permit
are unacceptable to you, you have the right to request an individual permit by submitting an
individual permit application. Unless such demand is made, this certificate of coverage shall be
final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to
the Division of Energy, Mineral and Land Resources (Division). The Division may require
modification or revocation and reissuance of the Certificate of Coverage. This permit does not
affect the legal requirements to obtain other permits which may be required by the Division or
permits required by the Division of Water Resources, Coastal Area Management Act or any other
federal, state or local governmental permit that may be required.
If you have any questions concerning this permit, please contact Bill Diuguid, Stormwater
Programs Planner at telephone number (919) 807-6369.
Sincerely,
ORIGINAL SIGNED S)
KEN PICKLE
for Tracy E. Davis, P.E.
cc: Wilmington Regional Office :
Central Files F0E0VE
Stormwater Permitting Unit Files
Attachments DEC 0 3 2013
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-92201 FAgN9.19:.Z3'J-2876-
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: hfp://portal,ncdenr.oirg/web/Iriland-quality
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
GENERAL PERMIT NO. NCG070000
CERTIFICATE OF COVERAGE No. NCG070204
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Adams an Oldcastle Company
is hereby authorized to discharge stormwater from a facility located at
Adams an Oldcastle Company
5225 Holly Shelter Road
Castle Hayne
New Hanover County
to receiving waters designated as an unnamed tributary to Northeast Cape Fear River, a Class B; SW waterbody,
Cape Fear River Basin; in accordance with the effluent limitations, monitoring requirements, and other conditions set
forth in Parts 1, II, 111, IV, V and V1 of General Permit No. NCG070000, as attached.
This Certificate of Coverage shall become effective November 21, 2013.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 21, 2013.
ORIGINAL. SIGNED M
KEN PICKLE
for Tracy E. Davis, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
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NOTICE OF INTENT
Division of Water Quality / Witter Quality Section
National Pollutant Discharge Elimination System
NCG070000
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Permit Assigned to
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National Pollutant Discharge Elimination System application for coverage under General Permit
NCG070000:
STORMWATER DISCHARGES associated with activities classified as:
SIC 32 Stone, Clay, Glass, and Concrete Products (except as specified below)
SIC" NIA Like activities deemed by DWQ to be similar in the process and/or the exposure of raw
materials, products, by-products, or waste materials
The following activities are specifically excluded from coverage under this General Permit:
SIC• 3273 Ready -Mixed Concrete
Standard Industrial Classification Code
(Please print or type)
1) Mailing address of ownerloperator (address to which all permit correspondence will be mailedj:
Name
Street Address
City
Telephone No.
E-mail Address
Adams an Oldcastle company
333 North Greene Street Suite 201
Greensboro
336 275-9114
doug.fouts@oldcastle.com
2) Location of facility producing discharge:
StateNC ZIP Code 27401-2265
Fax:336 275-9113
Facility Name Adams an Oldcastle company — Castle Rayne
Facility Contact Jim Howard
Contact E-mail jim.howard@oldcastle.com
Street Address 5225 Holly Shelter Road
City Castle Hayne StateNC ZIP Code 28429
County New Hanover
Telephone No. 910 675-2215 Fax: 910 675-0357
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). The facility is about a mile or, s
the "Castle Hayne" exit on 1-40
(A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submille Athi this a li tiop}
4) Latitude 34 21 398 Longitude 77 52 063 de rees, minutes,
seconds)-:YMATI? UAL
5) This NPDES Permit Application applies to which of the following:
Page 1 of 4
SWU-222-071408 Last Revised 7/14/2008
NCG070000 N.Q.I.
❑ New or Proposed Facility Date operation is to beginin operation now_
X Existing
6) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: 3 2 7 1
7) Provide a brief narrative description of the types of industrial activities and products manufactured at
this facility: Manufacture concrete block using sand, aggregate, and cement
8) Discharge points ! Receiving waters:
How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? All sheet
flow from the property -- one main area in the back of the property — some flow into side ditch in front of
property along Holly Shelter Road
9) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? North East portion of the Cape Fear River
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer). NIA
10) Does this facility have any other NPDES permits?
X❑ No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
X ❑ No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
12) Does this facility employ any Crest management practices for stormwater control?
❑ No
x ❑ Yes
If yes, please briefly describe: Monthly housekeeping inspections, secondary containment for AST's,
13) Does this facility have a Stormwater Pollution Prevention Plan?
❑ No
X ❑ Yes
If yes, when was it implemented?l can only attest to 2008 and forward
14) Are vehicle maintenance activities occurring at this facility?
X ❑ No ❑ Yes
15) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
Page 2 of 4
SWU-222-071408 Last Revised 7/14/2008
NCG070000 N.O.I.
x ❑ No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
x ❑ No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
x❑ No El 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:
16) Certification:
North Carolina General Statute 143-215.6 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 rulemaking 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 (S10,000)_
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 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: Doug Fouts
Title: EHS Manager
(Sig tore of Apptica ) (Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $100 made payable to NCDENR
❑ This completed application and all supporting documents
'❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Page 3 of 4
5WU-222-071408• Last Revised 7/14/2008
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Division of Water Quality / Water Quality Section
National Pollutant Discharge Elimination System
NCG070000
FOR .eW FNCY IJNE ONLY
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NOTICE OF INTENT
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG070000:
STORMWATER DISCHARGES associated with activities classified as:
SIC* 32 Stone, Clay, Glass, and Concrete Products (except as specified below)
SIC" NIA Like activities deemed by DWQ to be similar in the process and/or the exposure of raw
materials, products, by-products, or waste materials
The following activities are specifically excluded from coverage under this General Permit:
SIC 3273 Ready -Mixed Concrete
' Standard Industrial Classification Code
(Please print or type►
1) Mailing address of owner/operator (address to which all permit correspondence will be mailed):
Name Adams an Otdcastle company
Street Address 333 North Greene Street Suite 201
City Greensboro StateNC ZIP Code 27401-2265
Telephone No. 336 275-9114 Fax: 336 275-9113
E-mail Address doug.fouts@oldcastle.com _
2) Location of facility producing discharge:
Facility Name
Facility Contact
Contact E-mail
Street Address
City
County
Telephone No.
Adams an Oldeastle company — Castle Hayne
Jim Howard
jim.howard@oldcastle.com
5225 Holly Shelter Road
Castle Hayne StateNC ZIP Code 28429
New Hanover
910 675-2215 Fax:910 675-0357
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). The facility is about a mile or, Ajin
the "Castle Hayne" exit on 1-40 t�
(A copy of a county rnap or USGS quad sheet with facility clearly.localed on the map is requited to be submilte wl this a liilc a �n �3
JUL"! it U
41 Latitude 34 21 398 Longitude 77, 52 063_ _ do rees, minutes,
seconds) ''
:.: WATV aia+ f
5) This NPDES Permit Application applies to which of the following:
Page 1 of 4
SWU-222.071408 Last Revised 7/14/2008
NCG070000 N.O.I.
❑ New or Proposed Facility Date operation is to beginin operation now_
X Existing
6) Standard industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code; 3 2 7 1
7) Provide a brief narrative description of the types of industrial activities and products manufactured at
this facility: Manufacture concrete block using sand, aggregate, and cement
8) Discharge points ! Receiving waters;
How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? All sheet
flow from the property — one main area in the back of the property -- some flow into side ditch in'ront of
property along Holly Shelter Road
9) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? North East portion of the Cape Fear River
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer). NIA
10) Does this facility have any other NPDES permits?
X ❑ No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
X ❑ No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge perr►iits for this facility-
12) Does this facility employ any best management practices for stormwater control?
❑ No
x❑ Yes
If yes, please briefly describe: Monthly housekeeping inspections, secondary containment for AST's,
13) Does this facility have a Stormwater Pollution Prevention Plan?
❑ No-
X ❑ Yes
If yes, when was it implemented?I can only attest to 2008 and forward
14) Are vehicle maintenance activities occurring at this facility?
X ❑ No ❑ Yes
15) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
Page 2 of 4
SWU-222-071408 last Revised 7/14/2008
NCG070000 N.O.I.
x ❑ No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg, of hazardous waste generated per month) of
hazardous waste?
x ❑ No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg, or more of hazardous waste generated per month) of
hazardous waste?
x❑ No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste: NIA
How is material stored:
Where is material stored. -
How many disposal shipments per year:
Name of transport 1 disposal vendor:
Vendor address:
16) Certification:
North Carolina General Statute 143-215.6 b (1) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document riled 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 rulemaking 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).
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 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: Doug Fouts
Title: EHS Manager
(Sig Lure of Applica )' (Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $100 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Page 3 of 4
SWU-222-071408• Last Revised 7/14/2008
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violation in question.
LIMIT LOCAL GOVERNMENT REGULATION OF STORAGE,
USE OF NONHAZARDOUS RECYCLED MATERIALS
SECTION 50. G.S. 130A-309.09A is amended by adding
to the
RETENTION, OR
a new subsection to
read:
"M The storage, retention, and use of nonhazardous recyclable materials, including
asphalt pavement, rap, or roofing shingles, shall be encouraged by units of local government. A
unit of local government shall not impede the storage, retention, or use of nonhazardous
recyclable materials in properly zoned storage facilities through the regulation of the height or
setback of recyclable material stockpiles, except when such facilities are located on lots within
200 vards of residential districts."
AMEND THE DEFINITION OF "BUILT -UPON AREA" FOR PURPOSES OF
IMPLEMENTING STORMWATER PROGRAMS
SECTION 51.(a) G.S. 143-214.7 is amended by adding a new subsection to read:
%LQ For purposes of implementing stormwater programs, "built -upon area" means
impervious surface and partially impervious surface to the extent that the partially impervious
surface does not allow water to infiltrate through the surface and into the subsoil. "Built -upon
area" area" does not include a wooden slatted deck, the water area of a swimming pool, or gravel."
SECTION 5L(b) Subdivision (7) of Section 2 of S.L. 2006-246 is repealed.
SECTION 51.(e) Subdivision (3) of subsection (a) of Section 2 of S.L. 2008-21 1 is
repealed.
SECTION 51.(d) The Environmental Management Commission shall amend its
rules to be consistent with the definition of "built -upon area" set out in subsection (b2) of
G.S. 143-214.7, as enacted by Section 51(a) of this act.
SECTION 51.(e) The Environmental Review Commission shall study State
stormwater programs, including how partially impervious surfaces are treated in the calculation
of built -upon area under those programs. The Environmental Review Commission shall report
its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly.
SECTION 51,00 This section is effective when it becomes law, and subsection
(b2) of G.S. 143-214.7, as enacted by subsection (a) of this section, applies to projects for
which permit applications are received on or after that date.
EXEMPT PONDS THAT ARE CONSTRUCTED AND USED FOR AGRICULTURAL
PURPOSES FROM RIPARIAN BUFFER RULES
SECTION 52.(a) Except as required by federal law or in an imminent threat to
public health or safety, (i) the temporary rules adopted July 22, 1997, January 22, 1998, April
22, 1998, and June 22, 1999, and the permanent rule adopted and effective August 1, 2000, as
15A NCAC 02B .0233 regarding the protection and maintenance of existing riparian buffers in
the Neuse River Basin; (ii) the temporary rule adopted January 1, 2000, and the permanent rule
adopted and effective August 1, 2000, as 15A NCAC 02B .0259 regarding the protection and
maintenance of existing riparian buffers in the Tar -Pamlico River Basin; (Ili) the permanent
rule adopted and effective August 11, 2009, Session Law 2009-216, Session Law 2009-484,
and the permanent rule, as amended, effective September I, 2011, as 15A NCAC 02B .0267
regarding the protection and maintenance of existing riparian buffers in the Jordan Water
Supply Watershed; (iv) the permanent rule adopted effective April I, 1999, and the permanent
rule, as amended, effective June 1, 2010, as 15A NCAC 02B .0250 regarding the protection and
maintenance of existing riparian buffers in the Randleman Lake Water Supply Watershed; (v)
the temporary rule effective June 30, 2001, and the permanent rule effective August 1, 2004, as
15A NCAC 02B .0243 regarding the protection and maintenance of existing riparian buffers in
the Catawba River Basin; (vi) the permanent rule adopted and effective February I, 2009, as
15A NCAC 02B .0605 and the permanent rule adopted and effective February 1, 2009, as 15A
NCAC 02B .0607 regarding the protection and maintenance of existing riparian buffers in the
Goose Creek Watershed (Yadkin Pee -Dee River Basin); and (vii) any similar rule adopted for
SL2013-413 Session Law 2013-413 Page 31
NCDENR
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Division of Water Quality / Water Quality Section
National Pollutant Discharge Elimination System
NCGO70000
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NOTICE OF INTENT
National Pollutant Discharge Elimination System application for coverage under General Permit
NGG070000:
STORMWATER DISCHARGES associated with activities classified as:
SIC 32 Stone, Clay, Glass. and Concrete Products (except as specified below)
SIC' NIA Like activities deemed by DWQ to be similar in the process andlor the exposure of raw
materials, products, by-products, or waste materials
The following activities are specifically excluded from coverage under this General Permit:
SIC 3273 Ready -Mixed Concrete
' Standard Industrial Classification Code
(Please print or type)
1) Mailing address of ownerloperator (address to which all permit correspondence will be mailed):
Name
Street Address
City
Telephone No.
E-mail Address
Adams an Oldcastle company
333 North Greene Street Suite 201
Greensboro
336 275-9114
doug.fouts@oldcastle.com
2) Location of facility producing discharge:
StateNC ZIP Code 27401-2265
Fax: 336 275-9113
Facility Name Adams an Oldcastle company — Castle Hayne
Facility Contact Jim Howard
Contact E-mail jim.howard@oldcastle.com
Street Address 5225 Holly Shelter Road
City Castle Hayne StateNC ZIP Code 28429
County New Hanover
Telephone No. 910 675-2215 Fax: 910 675-0357
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). The facility is about a mile or S;ti�
the "Castle Hayne" exit on 1-40
ter,
(A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submiite vn this ar�plicatioRj 2n { 9
4) Latitude _ 34, 21, 398 _ Longitude _ 77,_52 063 _ de reJe�s�miinuutes,,1J
seconds)
:.: WATEi? UAJ E
5) This NPDES Permit Application applies to which of the following: W an
Page 1 of 4
SWU-222-071408 Last Remised 7/14/2008
NCG070000 N.O.I.
❑ New or Proposed Facility Date operation is to beginin operation now_
X Existing
6) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Cods; - 3 2 7 1
7) Provide a brief narrative description of the types of industrial activities and products manufactured at
this facility: Manufacture concrete block using sand, aggregate, and cement
8) Discharge points / Receiving waters:
How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? All sheet
flow from the property — one main area in the back of the property — some flow into side ditch in front of
property along Holly Shelter Road
9) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? North East portion of the Cape Fear River
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer). NIA
10) Does this facility have any other NPDES permits?
X❑ No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
X ❑ No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
12) Does this facility employ any best management practices for stormwater control?
❑ No
x❑ Yes
If yes, please briefly describe: Monthly housekeeping inspections, secondary containment for AST's,
13) Does this facility have a Stormwater Pollution Prevention Plan?
❑ No
X ❑ Yes
if yes, when was it implemented?I can only attest to 2008 and forward
14) Are vehicle maintenance activities occurring at this facility?
X ❑ No ❑ Yes
15) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
Page 2 of 4
SWU-222-071408 Last Revised 711412008
�CG070060 N.O.I.
x ❑ No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
x❑ No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
x ❑ 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:
16) Certification:
North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, of 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 rulemaking 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
lEnvironmental 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).
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 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: Doug Fouts
Title: EHS Manager
(Sig lure of Applicaw),^ (Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $100 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of county map or t1SGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Page 3 of 4
5WU-222-071408 Last Revised 7/14/2008
0 DeLorme. %po Noah Amerka' 9.
w m.delorme.00rll 1" = 1.09 mi Data Zoom 11-5
Permit: NCG070204
SOC:
County: New Hanover
Region: Wilmington
Contact Person: Jim Howard
Compliance Inspection Report
Effective: 11/21/13 Expiration: 05/31/18 Owner : Adams an Oldcastle Company
Effective: Expiration: Facility: Adams an Oldcastle Company - Castle Hayne
5225 Holly Shelter Rd
Title:
Directions to Facility:
The fadlity is about a mile or so on the left just off the castle hayne exit on 1-40.
System Classifications:
Primary ORC: Certification:
Secondary ORC(s):
On -Site Rep rose nta tive(s):
Related Permits:
Castle Hayne NC 28429
Phone: 910-675-2215
Phone:
Inspection Date: 08/18/2016 EntryTime: 01:00PM Exit Time: 02:00PM
Primary Inspector: Brian P Lambe Phone:
Secondary Inspector(s):
Ashby Armistead Phone
Reason for Inspection: Routine Inspection Type: Compliance Evaivation
Permit Inspection Type: Stone, Clay, Glass, and Concrete Products Siorrnwater Disciiaige COC
Facility Status: Compliant ❑ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1
Permit: NCG070204 Owner -Facility: Adams an Dldcastle Company
Inspection Date: 0811812016 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Inspection done in conjunction with multimedia inspection program.
Site is in compliance. Site is well maintained. Please review BMPs and provide yearly evacuation of procedures.
Stockpiles or wastepiles should not be near outfalls. Stockpile to the NE corner of property should have a berm keeping
material onsite (I am unsure of condition of back of site due to heavy growth).
The site adjacent to Adams an Oldcastie Co. receives drum washout from S& W across the street. The waste concrete is
then crushed and used in Adams operations. The waste concrete area should be included in the S & W permit
NCG140244. Please respond to this office in regards to this area.
Page- 2
Permit: NCG07o204 Owner - Facility: Adams an Otdcastle Company
Inspection Date: 08118/2016 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ❑ 0 ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment:
Permit and dutfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? 0 ❑ ❑ ❑
# Were all outfalls observed during the inspection? 0 ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? 0 ❑ ❑ ❑
# Has the facility evaluated all illicit (non stormwater) discharges? e ❑ ❑ ❑
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ ❑ ❑
Comment:
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
®
❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
C
❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
Q
❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
0
❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
N
❑ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
0
❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
0
❑ ❑ ❑
# Does the Plan include a BMP summary?
0
❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
■
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
®
❑ ❑ ❑
# Does the facility provide and document Employee Training?
0
❑ ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
Q
❑ ❑ ❑
# Is the Plan reviewed and updated annually?
M
❑ ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
®
❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
E
❑ ❑ ❑
Comment
Page: 3
Permit: NCG070204
SOC:
County: New Hanover
Region: Wilmington
Compliance Inspection Repo
Effective: 11/21/13 Expiration: 05/31/18 Owner: Adams an Oldcastle Company
Effective: Expiration: Facility: Adams an Oldcastle Company - Castle Hayne
5225 Holly Shelter Rd
Contact Person: Jim Howard Title:
Directions to Facility:
The facility is about a mile or so on the left just off the castle hayne exit on 1-40.
System Classifications:
Primary ORC: Certification:
Secondary ORC(s):
On -Site Rep rose ntativ e(s):
Related Permits:
Castle Hayne NC 28429
Inspection Date: 08118/2016 Entry Time: 01:00FM Exit Time: 02MPM
Phone: 910-675-2215
Phone:
Primary Inspector: Brian P Lambe Phone:
Secondary Inspector(s):
Ashby Armi Phone:
Tom Tharrington Phone
Reason for 1FIspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Slone, Clay, Glass, and Concrete Products Stormwater Discharge CDC
Facility Status: Compliant ❑ Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1
Permit: NCG070204 Owner -Facility: Adams an Oldcastle Company
Inspection Date: OB118/2016 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Inspection done in conjunction with multimedia inspection program.
Site is in compliance. Site is well maintained. Please review BMPs and provide yearly evaluation of procedures.
Stockpiles or wastepiies should not be near outfalls Stockpile to the NE corner of property should have a berm keeping
material onsite (I am unsure of condition of back of site due to heavy growth).
The site adjacent to Adams an Oldcastle Co. receives drum washout from S& W across the street. The waste concrete is
then crushed and used in Adams operations The waste concrete area should be included in the S & W permit
NCG140244 Please respond to this office in regards to this area
Page: 2
Permit NCG070204 Owner - Facility: Adams an Oldcastle Company
Inspection Date: C811812015 Inspection Type : Compliance Evaluation Reason for Visit: Routine
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ❑ 0 ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment:
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? 0 ❑ ❑ ❑
# Were all oultalls observed during the inspection> N ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? 0 ❑ ❑ ❑
# Has the facility evaluated all illicit (non stormwater) discharges? 0 ❑ ❑ ❑
Comment:
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? 0 ❑ ❑ ❑
Comment:
Stormwater Pollution Prevention Plan
Yes No NA NE
Dries the site have a Stormwater Pollution Prevention Plan?
e
❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
N❑
❑ U
# Does the Plan include a "Narrative Description of Practices"?
0
❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
E
❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
E
❑ ❑ ❑
# Has the facility evaluated feasible alternatives to current practices?
N
❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
N
❑ ❑ ❑
# Does the Plan include a BMP summary?
0
❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
0
❑ ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
®
❑ ❑ ❑
# Does the facility provide and document Employee Training?
❑ ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑ ❑ ❑
# Is the Plan reviewed and updated annually?
0
❑ - ❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
®
❑ ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
�
❑ ❑ ❑
Comment
Page: 3
A14*11V
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM
Director
October 15, 2013
Adams an Oldcastle Company
Attn: Doug Fouts
333 North Greene Street
Greensboro, NC 27401
Subject: COMPLIANCE Assistance Site Visit
NPDES Stormwater General Permit — NCG070204
New Hanover County
Dear Mr. Bryant:
Pat McCrory, Governor
John E. Skvada, III, Secretary
On October 2, 2013, Staff from the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources, conducted a site inspection for the project known as Adams an Oldcastle Company
,located at 5225 Holly Shelter Road, New Hanover County, North Carolina. The site visit and file review
revealed that the subject project is covered by NPDES Stormwater General Permit — NCG070204.
Accordingly, the following observations were noted during the Divisions inspection (please see the
attached addendum for information about your permit):
• Please update your onsite plan to show the additional outfalls that were discussed with Jim
Howard on October 2, 2013, and documented in the attached inspection report.
Thank you for your assistance and cooperation during this inspection. Please be advised that violations
of the NPDES Stormwater General Permit may be subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. If you have any questions, comments, or need assistance with
understanding any aspect of your permit, please do not hesitate to contact me at (910) 796-7215.
S incerely;l
David Cox
Regional Staff inspector
Surface Water Protection Section
Addendum
cc:
WiRO — Land Quality
Dan Sams
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone:(910) 796-7 215 1 Fax (910) 350-2004
Compliance Inspection Report
Permit: NCG070204 Effective: Expiration: Owner: Adams an Oldcastle Company
SOC: Effective: Expiration: Facility: Adams an Oldcastle Company - Castle Hayne
County: New Hanover 5225 Holly Shelter Rd
Region: Wilmington
r
Castle Hayne NC 28429
Contact Person: Jim Howard Title: Phone: 910-675-2215
Directions to Facility:
The facility is about a mile or so on the left just off the castle hayne exit on 1-40.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 10/02/2013 Entry Time: 10:20 AM Exit Time: 11:15 AM
Primary Inspector: David W Cox Phone: 910-796-7215
Secondary Inspector(s):
Daniel E Sams Phone:
Reason for Inspection: Routine Inspection Type: Technical Assistance
Permit Inspection Type: Stone, Clay, Glass, and Concrete Products Stormwater
Discharge COC
Facility Status: ❑ Compliant D Not Compliant
Question Areas:
® Storm Water
(See attachment summary)
Page: 1
` Permit: NCG070204 Owner - Facility: Adams an Oldcastle Company
Inspection Date: 10/02/2013 Inspection Type: Technical Assistance Reason for Visit: Routine
Inspection Summary:
Please update your site plan with the new outfalls and sample as required. In addition, in order to reduce the potential for
offsite sedimentation please place astaw bail at the back outfall left of the berm when facing the property.
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
# Were all outfalls observed during the inspection?
# If the facility has representative outfall status, is it properly documented by the Division?
# Has the facility evaluated all illicit (non stormwater) discharges?
Comment: This site was inspected to determine if all outfalls are identified. The
following additional outfalls were identified:
1. Along the backside of the property two outfalls were identified. the first outfall is at the
dump truck on the elevated loading ramp. The second was approx. 30 feet left of the
large berm.
2. The third outfall when facing the property is next to the sales office. Two catch basins
were observed directly behind the sales office next to the warehouse. The drain pipe for
these catch basins daylighted in a depression right of the sales office that is shared
between two properties.
Page: 2
Cox, David
From:
Diuguid, Bill
Sent:
Tuesday, October 08, 2013 IS9 PM
To:
Cox, David
Subject:
RE: NCG070204
They just need to show all the discharge points (outfalls) on their site plan which they would keep onsite and sample all
outfalls unless they are planning to apply for representative outfall status.
Bill D.
From: Cox, David
Sent: Tuesday, October 08, 2013 3:51 PM
To: Diuguid, Bill
Cc: Sams, Dan
Subject: NCG070204
EM
We inspected the Adams an Old Castle Company -Castle Hayne on 10-02-2013. More outfalls were discovered than on
the application. Please advise next step.
David Cox
NCDENR
[M n.<r+ u.p 1WL w4 nt9 -.C"
Division of Water Quality / Water Quality Section
National Pollutant Discharge Elimination System
NCG070000
FOR t:(:ENCY tJSK ONLY
Elate lkcri%nl
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Permit Assi m-tl 10
-Ad
NOTICE OF INTENT
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG070000:
STORMWATER DISCHARGES associated with activities classified as:
r
SIC 32 Stone, Clay, Glass, and Concrete Products (except as specified below)
SIC" N/A Like activities deemed by DWO to be similar in the process and/or the exposure of raw
materials, products, by-products, or waste materials
The following activities are specifically excluded from coverage under this General Permit:
SIC 3273 Ready -Mixed Concrete
" Standard Industrial classification Code
(Please print or type)
1) Mailing address of owner/operator (address to which all permit correspondence will be mailed):
Name
Street Address
City
Telephone No.
E-mail Address
Adams an Oldcastle company
333 North Greene Street Suite 201
Greensboro
336 275-9114
doug.fouts@oldcastle.com
StateNC ZIP Code 27401-2265
Fax: 336 275-9113
2) Location of facility producing discharge:
Facility Name Adams an Oldcastle company — Castle Hayne
Facility Contact Jim Howard
Contact E-mail jim.howard@oldcastle.com
Street Address 5225 Holly Shelter Road
City Castle Hayne StateNC ZIP Code 28429
County New Hanover
Telephone No. 910 675-2215 Fax: 910 675-0357
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). The facility is about a mite or st�a.
the "Castle Hayne" exit on 1-40
(A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitle '+Yn this application 2013
4) Latitude 34, 21, 398 Longitude 77 52 063 de rees, minutes,
seconds) OR - atu Sr
UAL
5) This NPDES Permit Application applies to which of the following
W
Page 1 of 4
SWU-222-071408 Last Revised 7/1412008
NCG070000 N.O.I.
❑ New or Proposed Facility Date operation is to beginin operation now_
X Existing
6) Standard industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: 3 2 7 1
7) Provide a brief narrative description of the types of industrial activities and products manufactured at
this facility: Manufacture concrete block using sand, aggregate, and cement
8) Discharge points I Receiving waters:
How many discharge points (ditches, pipes, channels, etc.) convey stormwater from the property? All sheet
flow from the property -- one main area in the back of the property -- some flow into side ditch in front of
property along Holly Shelter Road
9) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? North East portion of the Cape Fear River
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer). NIA _
10) Does this facility have any other NPDES permits?
X ❑ No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
110 Does this facility have any Non -Discharge permits (ex: recycle permits)?
X❑ No
❑ Yes
if yes, list the permit numbers for all current Non -Discharge permits for this facility:
12) Does this facility employ any best management practices for stormwater control?
❑ No
x ❑ Yes
If yes, please briefly describe: Monthly housekeeping inspections, secondary containment for AST's,
13) Does this facility have a Stormwater Pollution Prevention Plan?
❑ No
X ❑ Yes
If yes, when was it implemented?I can only attest to 2008 and forward
14) Are vehicfe maintenance activities occurring at this facility?
X ❑ No ❑ Yes
15) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
Page 2 of 4
SWU-222-071408 Last Revised 7/1412008
NCG070000 N.O.I.
x ❑ No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
x ❑ No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
x ❑ No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:N1A
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport! disposal vendor. _
Vendor address:
16) Certification:
North Carolina General Statute 143-215.6 b (i) 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 rulemaking 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).
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 i� i the same manner as an
individual 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: Doug Fouts.
Title: EHS Manager
(Sig�ture of Applica ) (Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $100 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Page 3 of 4
SWU-222-071408 Last Revised 7/14/2008
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f
Permit No. NCG070000
STATE OF NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG070000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act, as amended, this permit
is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit
as evidenced by receipt of a Certificate of Coverage by the Environmental Management
Commission to allow the discharge of stormwater to the surface waters of North Carolina or
separate storm sewer systems conveying stormwater to surface waters in accordance with the
terms and conditions set forth herein.
Coverage under this general permit is applicable to all owners or operators of stormwater point
source discharges associated with activities classified as establishments primarily engaged in:
Stone, Clay, Glass, and Concrete Products [standard industrial classification (SIC) 32]; and like
activities deemed by DWQ to be similar in the process and/or the exposure of raw materials,
products, by-products, or waste materials. .
The following activities are specifically excluded from coverage under this General Permit:
Ready -mixed concrete [SIC 3273], and Hydraulic Cement [SIC 32411.
The General Permit shall become effective on June I, 2008.
The General Permit shall expire at midnight on May 31, 2013.
Signed this day May 9, 2008.
Original signed for Coleen H. Sullins
Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NCG070000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Qualitative Monitoring Requirements
Section C: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS
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
Section B: General Conditions
1.
General Permit Expiration
2.
Transfers
3.
When an Individual Permit May be Required
4.
When an Individual Permit May be Requested
5.
Signatory Requirements
i
Permit No. NCG070000
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Non-Stormwater Discharges
6.
Representative Outfall
7.
Records Retention
8.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availahility of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
ii
Permit No. NC6070000
PART I INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to be covered by this General Permit must register with the Division of
Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be
submitted and a certificate of coverage issued prior to any discharge of stormwater associated
with industrial activity that has a point source discharge to the surface waters of the state.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be revoked and coverage under this General Permit be
provided.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
CFR § 122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification 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 reapply for the No Exposure Exclusion once
every five (511 years.
Facilities submitting NOIs for coverage under this permit, and facilities submitting renewal
forms for continued coverage under this permit, prior to establishment or approval of a Total
Maximum Daily Load (TMDL) for pollutant(s) for stormwater discharges (i.e. wet weather
flows), may be covered under this permit during its term. For such facilities, continued coverage
under the reissuance of this permit is subject to the facility demonstrating that it does not have a
reasonable potential to violate applicable water quality standards for such pollutants due to the
stormwater discharge(s). For facilities that do have a reasonable potential for violation of
applicable water quality standards due to the stormwater discharge(s), the facility shall apply for
an individual permit 180 days prior to the expiration of this general permit. Once the individual
permit is issued and becomes effective the facility will no longer have coverage under the general
permit. Impaired waters scheduled for TMDL development are on North Carolina's 303(d) List
and can be found here: http://h2o.enr.state.ne.us/tmdl/General_303d.htm#Downloads.
A list of approved TMDLs for the state of North Carolina can be found here:
http://h2o.enr.state.nc.us/tmdl/General_TMDLs.htm.
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.
Part I Page I of 2
Permit No. NCG070000
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revolted, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system which has
been adequately treated and managed in accordance with the terms and conditions of this General
Permit. All 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 General Permit shall not cause or contribute to
violations of Water Quality Standards.
This General Permit does not authorize wastewater discharges from raw material mines that may
be co -located with the industrial activities classified in SIC 32.
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 2 of 2
Permit No. NCG070000
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum,
the following items:
Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, 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 point(s) of discharge. The
general location map (or alternatively the site map) should identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state.ne.us/tmdVGeneral_303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://h2o.enr.state.nc.us/tmdUTMI)L_list.htm#Final TMDLs.
(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 which
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge points, all on -site and adjacent surface waters
and wetlands, industrial activity areas (including storage of materials, disposal
areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, direction of flow, drainage areas
for each outfall, industrial activities occurring in each drainage area, buildings,
existing and proposed BMPs, and impervious surfaces. The site map must
indicate the percentage of each drainage area that is impervious.
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
Part II Page 1 of 8
Permit No. NCG070000
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations by permanent or semi -permanent covers. In
areas where elimination of exposure is not practical, the stormwater management
plan shall document the feasibility of diverting the stormwater runoff away from
areas of potential contamination,
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and 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, and shall record the volume capacity of
each tank and containment area. If the secondary containment devices are
connected directly 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), and 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 the material stored within the containment area. 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 years.
(c) BMP Summary. A narrative description shall be provided of Best Management
Practices (BMPs) to be considered such as, but not limited to, diversion structures,
secondary containment structures, oil and grease separation, debris control,
vegetative filter strips, infiltration and stormwater detention or retention, where
necessary. The need for structural BMPs shall be based on the assessment of
potential of sources to contribute significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
Part H Page 2 of 8
Permit No. NCG070000
Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or team) responsible for implementing the
SPRP shall be identified. A responsible person shall be on -site at all times during facility
operations that have the potential to contaminate stormwater runoff through spills or
exposure of materials associated with the facility operations. The SPRP must be site
stormwater specific. Therefore, a SPCC plan 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 program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program. The program shall specifically
identify industrial areas that have the potential for soil erosion, and must specifically note
the preventative BMP or maintenance activity implemented in the areas, and must include
regular inspections of the areas.
Employee Training. Training schedules shall be developed and training provided at a
minimum on an annual basis on proper spill response and cleanup procedures and
preventative maintenance activities for all personnel involved in any of the facility's
operations that have the potential to contaminate stormwater runoff. Facility personnel
(or team) responsible for implementing the training shall be identified.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. The Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis. The annual update
shall include an updated list of significant spills or leaks of pollutants for the previous
three years, or the notation that no spills have occurred. The annual update shall include
re -certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
8. Facility Inspection Program. Inspections of the facility and all stormwater
systems shall occur 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
Part U Page 3 of 8
Permit No. NCG070000
least 60 days separating inspection dates (unless performed more frequently). The
inspection and any subsequent maintenance activities performed shall be documented,
recording date and time of inspection, individual(s) making the inspection and a narrative
description of the facility's stormwater control systems, plant equipment and systems.
Records of these inspections shall be incorporated into the Stormwater Pollution
Prevention Plan. These facility inspections are different from, and in addition to, the
stormwater discharge characteristic monitoring required in Part 11 of this permit.
9. Implementation. The permittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
SECTION B: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 1. No analytical
tests are required. Qualitative monitoring of stormwater outfalls must be performed during a
representative storm event.
A representative storm event is a storm event that measures greater than 0. l inches of rainfall and
that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has
occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For
example, if it rains for 2 hours without producing any collectable discharge, and then stops, a
-sample may be collected if a rain producing a dischar a begins again within the next 10 hours.
Part II Page 4 of 8
Permit No. NCG070000
Table 1. Qualitative Monitoring Requirements
Discharge Characteristics
Frequency
Monitoring
Locationl
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:
t Monitoring Location: Qualitative monitoring shall be performed at each
stormwater discharge outfall (SDO) regardless of representative outfall status.
If the permittee's qualitative monitoring indicates either 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 appropriate. 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 the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP), assessing new 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, DWQ may:
• require that the permittee revise, increase, or decrease the monitoring frequency for the
remainder of the permit;
• rescind coverage under the General Permit, and require that the permittee apply for an
individual stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
Part 11 Page 5 of 8
Permit No. NCG070000
Qualitative monitoring will be performed twice per year, in accordance with the schedule in
Table 2. A minimum of 60 days must separate Period I and Period 2 monitoring dates,
unless monthly sampling has been instituted under a Tier Two response for vehicle maintenance
activity areas.
Table 2. Monitoring Schedule
Monitoring periodt'Z
Event Number
Start
End
Yearl — Period 1
1
July 1, 2008
December 31, 2008
Year I — Period 2
2
January 1, 2009
June 30, 2009
Year 2 — Period 1
3
July 1, 2009
December 31, 2009
Year 2 — Period 2
4
January 1, 2010
June 30, 2010
Year 3 — Period 1
5
July 1, 2010
December 31, 2010
Year 3 — Period 2
6
January 1, 2011
June 30, 2011
Year 4 — Period 1
7
July 1, 2011
December 31, 2011
Year 4 — Period 2
8
January 1, 2012
June 30, 2012
Year 5 — Period 1
9
July 1, 2012
December 31, 2012
Year 5 — Period 2
10
January 1, 2013
May 31, 2013
Footnotes:
Maintain semi-annual monitoring during permit renewal process. If at the expiration of the general permit,
the permittee has submitted an application for renewal of coverage before the submittal deadline, the
permittee will be considered for renewed coverage. The applicant must continue semi-annual monitoring
until the renewed Certificate of Coverage is issued.
2 If analytical monitoring applies, but no discharge occurs during the monitoring period, the permittee must
submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month monitoring period.
SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than 55
gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified in Table 3. This monitoring shall be performed at all outfalis
which discharge stormwater runoff from the vehicle maintenance areas, and in accordance with
the schedule presented in Table 2. All analytical monitoring shall be performed during a
representative storm event.
Table 3. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics
Units
Measurement
Fre uenc 1
Sample
Type2
Sample
Location3
H
standard
semi-annual
Grab
SDO
Oil and Grease
m
semi-annual
Grab
SDO
Total Suspended Solids
mg/1
semi-annual
Grab
SDO
Total Rainfall4
inches
semi-annual
Rain gauge
New Motor Oil Usage
gallonslmonth
semi-annual
Estimate
T_
Part II Page 6 of 8
Permit No. NCG070000
Footnotes:
I Measurement Frequency: Twice per year during a representative storm event.
2 if the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the pond shall
be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
In all cases, the permittee shall report the analytical results from the first sample with valid results
within the monitoring period. The permittee shall compare those results to the benchmark values in
Table 4. Exceedences 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 and Tier Two.
Table 4. Benchmark Values for On -Site Vehicle Maintenance Activities
Discharge Characteristics
Benchmark Value
H
Within range 6.0 - 9.0
Oil and Grease
30 mg/1
Total Suspended Solids
100 m
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
for any parameter at anv 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 exceedence.
3. Identify potential and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
S. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan.
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.
Part II Page 7 of 8
Permit No. NCG070000
Tier Two
If: During the term of this permit, 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:
I . Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive valid samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the 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. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
During the term of this permit, if the valid sampling results for the permit monitoring periods
exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any
specific outfall on rnore than four occasions, the permittee shall notify the DWQ Regional Office
Supervisor in writing within 30 days of receipt of the fourth analytical results. DWQ may:
• require that the permittee revise, increase, or decrease the monitoring frequency for the
remainder of the permit;
• rescind coverage under the General Permit, and require that the permittee apply for an
individual stormwater discharge permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
Part H Page 8 of 8
Permit No. NC6070000
PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL
PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
Existing facilities already operating, but applying for coverage under this general permit
for the first time: The Stormwater Pollution Prevention Plan shall be developed and
implemented within 12 months of the effective date of the initial Certificate of Coverage
issued pursuant to this general 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 Certificate of
Coverage.
New facilities applying for permit coverage for the first time and existing facilities
previously permitted and applying for renewal under this general permit: All
requirements, conditions, limitations, and controls contained in this permit become
effective immediately upon issuance of the Certificate of Coverage. 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 1.1, Section A, Paragraph 2(b) of
this permit shall be accomplished prior to the beginning of discharges from the operation
of the industrial activity.
2. Duty to Comply.
The permittee must comply with all conditions of this permit. Any permit non-
compliance constitutes a violation of the Clean Water Act and is grounds for enforcement
action; for permit termination, revocation and reissuance, or modification; or denial of a
permit renewal application.
(a) The permittee shall comply with standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants within the time provided in the
regulations that establish these standards or prohibitions, even if the permit has not yet
been modified to incorporate the requirement.
(b) The Clean Water Act provides that any person who violates a permit condition is
subject to a civil penalty not to exceed $25,000 per day for each violation. Any person
who negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than I year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of
$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or
Part Ill Page I of l I
Permit No. NCG070000
both. Also, any person who violates a permit condition may be assessed an
administrative penalty not to exceed $10,000 per violation with the maximum amount not
to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR
l 22.41(a). I
(c) Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000)
per violation may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of a permit. [Ref: NC General
Statutes 143-215.6A].
(d) Any person may be assessed an administrative penalty by the Director for violating
section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class l violations are not to exceed $10,000 per
violation, with the maximum amount of any Class l penalty assessed not to exceed
$25,000. Penalties for Class 11 violations are not to exceed $10,000 per day for each day
during which the violation continues, with the maximum amount of any Class tI penalty
not to exceed $125,000.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
4. Civil and Criminal Liabilit
Except as provided in Section C of this permit regarding bypassing of stormwater control
facilities, nothing in this general permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-
215.3, 143-215.6A, 143-215.613, 143-215.6C 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 general 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 general 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
Part III Page 2 of 11
Permit No. NCG070000
property or any invasion of personal rights, nor any infringement of federal, state or local
laws or regulations.
Severability
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The permittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
9. Penalties for Tamped
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
general permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this general 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.
SECTION B: GENERAL CONDITIONS
General 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. Any permittee that has not requested renewal
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Permit No. NCG070000
at least l80 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 § 143-2153.6 and 33 USC
1251 et. seq.
2. Transfers
The certificate of coverage issued pursuant to this general permit is not transferable to any
person except after notice to and approval by the Director. The Director may require
modification or revocation and reissuance of the certificate of coverage to change the
name and incorporate such other requirements as may be necessary under the Clean
Water Act. Permittee is required to notify the Division in the event the permitted
facility is sold or closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or coverage under an alternative general permit. Any interested person may
petition the Director to take action under this paragraph. Cases where an individual
permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
general permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general
permit;
A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his own discretion that an individual permit is
required.
4. When an Individual Permit May be Requested
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
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Permit No. NCG070000
5. SignatoryRequirements
All applications, reports, or information submitted to the Director shall be signed and
certified.
All notices of intent to be covered under this general permit shall be signed as
follows:
(1) In the case of a corporation: by a principal executive officer of at least the
level of vice-president, or his duly authorized representative, if such
representative is responsible for the overall operation of the facility from
which the discharge described in the permit application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal
executive officer, ranking elected official, or other duly authorized
employee.
b. All reports required by the general permit and other information requested by the
Director shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
Any person signing a document under paragraphs a. or b. of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
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Permit No. NCG070000
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of lines and imprisonment for knowing
violations."
6. General Permit Modification Revocation and Reissuance or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general 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.
After public notice and opportunity for a hearing, the general permit may be terminated
for cause. The filing of a request for a general permit modification, revocation and
reissuance, or termination does not stay any general permit condition. The certificate of
coverage shall expire when the general permit is terminated.
7. Certificate of Coverage Actions
The certificate of coverage issued in accordance with this general permit may be
modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any general permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this general 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 pertittee only when the
operation is necessary to achieve compliance with the conditions of the general permit.
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 general permit.
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee or
bypass unless:
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Permit No. NCG070000
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
The permittee submitted notices as required under Section E of this Part.
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 required herein, shall be characteristic of
the volume and nature of the permitted discharge. Analytical sampling shall he
performed during a representative storm event. Samples shall be taken on a day and time
that is characteristic of the discharge. All samples shall be taken before the discharge
joins 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 Director.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
The results of such analyses.
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Permit No. NCG070000
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 general 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.
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.
b. Records Retention
Qualitative 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 all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, and copies of all reports required
by this general permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the
Director at any time.
7_ Inspection and EntrX
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 general
permit;
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Permit No. NCG070000
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
SECTION E. REPORTING REQUIREMENTS
Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report forms provided by the Director. Submittals
shall be delivered to the Division no later than 30 days from the date the facility receives
the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee
is required to submit a discharge monitoring report, within 30 days of the end of the six-
month sampling period, giving all required information and indicating "NO FLOW" as
per NCAC T 1 SA 02B .0506.
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 DWQ's specific requirement to do so.
2. Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following
address:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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Permit No. NCG070000
3. Availability, o�ports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality. As
required by the Act, analytical data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4. Non-Stormwater Discharges
If the storm event monitored in accordance with this general permit coincides with a non-
stormwater discharge, the permittee shall separately monitor all parameters as required
under the non-stormwater discharge permit and provide this information with the
stormwater discharge monitoring report.
5. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which could significantly alter the nature or quantity of pollutants
discharged. This notification requirement includes pollutants which are not specifically
listed in the general permit or subject to notification requirements under 40 CFR Part
122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes
at the permitted facility which may result in noncompliance with the general permit
requirements.
7. Bypass
Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of
becoming aware of an unanticipated bypass.
S. Twenty-four Hour Reporting
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.
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Permit No. NCG070000
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.
The Director may waive the written report on a case -by -case basis if the oral report has
been received within 24 hours.
9. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour
reporting at the time monitoring reports are submitted.
10. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a Notice
of Intent to be covered under this general permit or in any report to the Director, it shall
promptly submit such facts or information.
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Permit No. NCG070000
PART IV LIMITATIONS REOPENER
This general permit shall be modified or alternatively, revoked and reissued, to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b)
(2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water
quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in
the general permit; or
b. Controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
PART V 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 .W05(b)(4) may cause this Division to initiate action to revoke the Certificate of
Coverage.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values
divided by the number of individual values.
3. Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
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Permit No. NC6070000
(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.
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.
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, 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 the general
permit upon issuance and lists the facility name, location, receiving stream, river basin,
effective date of coverage under the permit and is signed by the Director.
S. 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 DWO
The Division of Water Quality, Department of Environment and Natural Resources.
10. Director
The Director of the Division of Water Quality, the permit issuing authority.
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Permit No. NCG070000
11. EMC
The North Carolina Environmental Management Commission.
12. Grab Sample
An individual samples collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored 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. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such
as a city or town.
16. 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. DWQ 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)
17. 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.
18. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally -occurring surface materials that are not
disturbed by mining operations.
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Permit No. NCG070000
19. Permittee
The owner or operator issued a certificate of coverage pursuant to this general permit.
20. 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.
21. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm
event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2
hours without producing any collectable discharge, and then stops, a sample may be collected if a
rain producing a discharge begins again within the next 10 hours.
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 DWQ may grant representative
outfall status. Representative outfall status allows the permittee to perform analytical
monitoring at a reduced number of outfalls.
23. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial
activity. Rinse waters from vehicle and equipment cleaning areas are process
wastewaters and do not include wastewaters utilizing any type of detergent or cleaning
agent.
24. Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event.
25. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. 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;
b. Is present at or above threshold levels at a facility subject to SARA title I1I,
Section 313 reporting requirements; and
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Permit No. NCG070000
That meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on Table II (organic priority
pollutants), Table III (certain metals, cyanides, and phenols), or Table IV
(certain toxic pollutants and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the
CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality
criteria.
26. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which
causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
27. 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.
28. 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 110.10 and
CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4).
29. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately
following rainfall or as a result of snowmelt.
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 t22.26(b)(14). The term does not
include discharges from facilities or activities excluded from the NPDES program.
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Permit No. NCG070000
31. Stormwatcr 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. Ten Year Design Storm
The maximum 24-hour precipitation event expected to be equaled or exceeded on the
average once in ten years. Design storm information can be found in the State of North
Carolina Erosion and Sediment Control Planning and Design Manual.
33. Total Plow
The flow corresponding to the time period over which the entire storm event occurs.
Total flow shall be either; (a) measured continuously, (b) calculated based on the amount
of area draining to the outfall, the amount of built -upon (impervious) area, and the total
amount of rainfall, or (c) estimated by the measurement of flow at 20-minute intervals
during the rainfall event.
34. 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 at http://h2o.enr.state.ne.us/tmdl/)
35. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
36. Upset
Means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
37. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
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Permit No. NCG070000
38. 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.
39. 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.
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