NCGNE1237 Denial Letter

Energy, Min era I
and Land Resources
ENVIRONMENTAL QUALITY
March 6, 2018
E. J. Victor, Inc.
Attention: Terrie Peeler
Post Office Box 309
Morganton, North Carolina 28680
Subject: No -Exposure Certification - Disapproval
NCGNE1237
E. J. Victor, Inc.
Burke County
Dear Ms. Peeler:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretaty
WILLIAM E. VINSON, JR.
Interim Director
The Division has reviewed your application for a No Exposure Certification for Exclusion (NE) from NPDES
Stormwater Permitting for the subject facility.
Based on an inspection of your facility on January 11, 2018, Asheville Regional Office staff found that industrial
activities or materials on your site either are exposed, or have the potential to be exposed to stormwater discharge.
The Division of Energy Mineral and Land Resources is unable to grant your requested exemption from permit
coverage when industrial activities or materials are exposed or have the potential to be exposed. Please see
attached inspection report.
Without the No Exposure Certification, this facility will need to be covered by a General or Individual Permit.
The facility must be registered with the Division of Energy, Mineral, and Land Resources 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 .0 100, stating the reasons
supporting the request. Any application for an individual permit should be made at least 180 days prior to
commencement of discharge.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swarmanoa, NC 28778-8211
828 296 4500 T

E.J. Victor, Inc.
NCGNE 123 7
March 6, 2018
Page 2 of 2
If you have any questions or need further information, please contact Isaiah Reed at [phone], or at
[e-mail].
Sincerely,
for William E. Vi on, Jr.
Interim Director
Enclosure: Inspection Report
ec: Bethany Georgoulias, Environmental Engineer, Stormwater Program, bethany.geor og ulias ,ncdenr.gov

Compliance Inspection Report
Permit: NCGNE1237 Effective: Expiration: Owner: E J Victor Inc
SOC: Effective: Expiration: Facility: E.J. Victor, Inc.
County: Burke 110 Wamsutta Mill Rd
Region: Asheville
Morganton NC 28655
Contact Person: Terrie Peeler Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 01/11/2018
Primary Inspector: Isaiah L Reed
Secondary Inspector(s):
Certification:
Phone:
Entry Time: 10:OOAM Exit Time: 11:OOAM
Phone: [phone]
Reason for Inspection: Other Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: ❑ Compliant Not Compliant
Question Areas:
N Miscellaneous Questions Misc
(See attachment summary)
Page: 1

Permit: NCGNE1237 Owner- Facility: E J Victor Inc
Inspection Date: 01/11/2018 Inspection Type : Compliance Evaluation Reason for Visit: Other
Inspection Summary:
On January 11, 2018 this site was inspected for compliance with the condition of the No
Exposure Certification. During the inspection it was noted that:
-The dispenser located adjacent to the facility is not sufficiantly protected from stormwater and stormwater runoff.
-General housekeeping in the loading/unloading area has resulted in waste and other material outside the building.
If the above issues were addressed, No exposure may be applicable, but in its current condition, No exposure cannot be
granted.
Please respond to this letter within 45 days of reciept if you plan to address these issues and pursue a NEC.
Without the No Exposure Certification, this facility will need to be covered by a General or Individual Permit. The facility must
be registered with the Division of Energy, Mineral, and Land Resources by the filing of a Notice of Intent (N01) and applicable
fees. The NO[ 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.
Page: 2

Permit: NCGNE1237 Owner- Facility: E J Victor Inc
Inspection Date: 01/11/2018 Inspection Type : Compliance Evaluation
Misc
Is the facility compliant?
Comment: Please see Summary for further information
Reason for Visit: Other
Yes No NA NE
❑ M ❑ ❑
Page: 3