20061017 Ver 1_Complete File_20070821

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Permit Class Permit Number
MODIFICATIONPNIINOR 116-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources ?1
and
Coastal Resources Commission
94"
Q? for
2-6 0? 0 ?} X Mayor Development in an Area of Environmental Concern .9??%
/ pursuant to NCGS 113A-118 ?y
i Excavation andlor filling pursuant to NCGS 113-229
Issued to Fortron Industries, LtC, PO Box 327, Wilmington, NC 28402
Authorizing development in New Hanover County at adi. to the Cape Fear River at 4600 NC
Highway 421, in Wilmington , as requested in the permittee's letter dated 11/17/06, including attached
workplan drawing (2), 1 of 2 dated 6/12/06, and 2 of 2 dated 11/8/06.
This permit, issued on December 18, 2006 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification authorizes the replacement of the existing
effluent pipeline and diffuser in the same footprint of the existing pipeline, all as expressly and
specifically set forth in the attached letter and workplan drawings. Any additional land disturbing
activities or any additional structural replacements or additions may require a modification of this
permit. Contact a representative of the Division of Coastal Management at [phone] for this
determination.
2) This minor modification shall be attached to the original of Permit No. 116-06, which was issued on
7/28/06, and copies of both documents shall be readily available on site when Division personnel inspect
the project for compliance.
3) All conditions and stipulations of the active permit remain in force under this minor modification, unless
specifically altered herein.
i
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
01-
Charts/9ilones, Director
Piflis-ion of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
;Management Program.
Signature of Permittee
AG
7A_
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
EXPRESS PERMIT
June 21, 2006
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Linda Lewis
and
Joanne Steenhuis
Division of Water Quality
Jason Dail
Express Permits Coordinator
CAMA Permit Application Review
Fortron Industries, LLC
r= r=
AUG 0 8 2006
WETLANDS AND TOORMm QUALI
EER BBRRANCH
Project Location: 4600 NC Hwy 421, adjacent to the Cape Fear River, in Wilmington, New
Hanover County.
Proposed Project: The applicant proposes to repair the existing catwalk, install a new
wastewater effluent pipeline and diffuser.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 12, 2006. If you have any questions regarding the proposed project, please
contact Jason Dail at [phone], when appropriate, in-depth comments with supporting
data is requested.
?? dot ?Q
REPLY: This agency has no objection to the project as proposed. 'J
Tf 15 /0910(r
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
SIGNED
2- a?ll
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
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-, Project Number: 20061017 Version: 1 Status: '.Issued LastActlon Desc: Project issued
'Project Name. Fortron Industries: D86 Expansion Project 'Project Type: Other
Project Desc: (repair of existing catwalk Install newww etlluent pipeline & dittuser
'Owner. IRidge,.Steve
J - COE ID:
*Received From. DCM 'Primary County:
,.. DOTTIP: 'Admin Region: Wilmington
Received Dt: 06f2212006 Renewer noelle.lutheran
Issued Dt 0607f2006 ? r -

- Secondary Coun
I
Statutory Dt
Cam' CAMA NEPA! SEPA Received Dt
- ---- --j
DCM OIDce: DOM Wilmington Field Otficel SW Plan Received Dt 1
COE Omce. ;ngton Regulato y Field Office; + SW Plan Approved Dt Public Notice Published DL
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'
'
laune.dennison - SW Plan Locations
LastUpdated li Public Notice Received Dt
?astUpdatedOn:';-0612312006 T ! Sewage Disposal:
P.N. Comment Period Ends Dk !.?

Reatly ,Page III &ID:VVPDt
Q?; D is -- I C111
NCDENR p ?
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
EXPRESS PERMIT
c
June 20, 2006
MEMORANDUM: D
TO: Cyndi Karoly, Supervisor JUG 3 0006
°FNR WATER
401 Oversight and Express Permits Unit CU,aL?T?
gTLANDS AND STQRP,%ATER BRANCH
Division of Water Quality-Surface Water Protection
FROM: Jason Dail
Express Permits Coordinator
E
SUBJECT: CAMA Permit Application Review
Applicant: Fortron Industries, LLC
Project Location: 4600 NC Hwy 421, adjacent to the Cape Fear River, in Wilmington, New
Hanover County.
Proposed Project: The applicant proposes to repair the existing catwalk, install a new
wastewater effluent pipeline and diffuser.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 12, 2006. If you have any questions regarding the proposed project, please
contact Jason Dail at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY:
SIGNED
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
',..,AMA Permit Application
JUN
DB6 Expansion Project
FORTRON INDUSTRIES
New Hanover County
North Carolina
f
EXPRESS MAJOR
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Fortron Industries, LLC
2
3.
4.
Wilmington, New Hanover County.
Photo Index - 2000: 17-173, K-L 4-7
State Plane Coordinates - X: 2298597
LOCATION OF PROJECT SITE: 4600 N.C. Highway 421, adjacent to the Cape Fear River, in
INVESTIGATION TYPE: CAMA
1995: 16-173, Q, 6-9 1989: Not Available
Y:205649
ROVER FILE # V-050510A
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5105106
Was Applicant Present - Yes - Agent
5. PROCESSING PROCEDURE: Application Received - Completed 6/16/06 (as of 6/19/06 applicant
has not submitted signed *certified mail receipts to DCM)
Office -Wilmington
6. SITE DESCRIPTION: e
(A) Local Land Use Plan - Wilmington/New Hanover County a
Land Classification From LUP - Conservation and Transitional JUr
(B) AEC(s) Involved: PT, EW; ES 2006
(C) Water Dependent: Yes
a?so r?RG
D Intended Use: Industrial STq
(E) Wastewater Treatment: Existing - Onsite treatment and disposal
Planned - Upgrade
(F) Type of Structures: Existing - Catwalk, effluent pipeline and diffuser
Planned - Repair/replace catwalk, new effluent pipe and diffuser
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLRD OTNF.R
(A) Vegetated Wetlands 800 sq. ft.
(Shaded)
(B) Non-Vegetated Wetlands Incorporated
(Open water 90 s q. ft.
(C) Other
(D) Total Area Disturbed: 890 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicant prop ses to repair the existing catwalk, install a new
wastewater effluent pipeline and diffuser. _
Fortron Industries, LLC
Page 2
9. PROJECT DESCRIPTION:
The applicant has requested that the subject CAMA Major Permit Application be processed under the
Express Review Permitting Program. The project site is located at 4600 Highway 421 North, in
Wilmington, NC. To find the property, take highway N.C. Highway 421 north from Wilmington. Turn
right at the entrance to Fortron Industries, approximately 3.0 miles north of the intersection of N.C.
Highway 421 and the Martin Luther King Parkway. The project site is approximately 3.0 acre in size
with approximately 420' of shoreline frontage. The lot averages 1'-2'above mean low water along the
waters edge and T-9'above Mean Low Water in the upland areas. High ground vegetation at the site
consists of Sweet Gum, Long Leaf Pine, Maple, Bald Cypress, Willow, Water Tupelo and Green Ash. A section
of coastal marsh exists along the western shoreline (approximately 420' long by 20' wide) and consists
primarily of Cattail (Typha spp) and Sawgrass (Cladium jamaicense). A vast area of "404" Wetlands also
exists on the western portion of the property (as depicted on the USACE signed "404" Wetlands
delineation survey).
The proposed project is located within the property boundaries of Progress Energy's, Sutton Stream
Plant facility. However, the applicant has obtained an easement agreement (attached with permit
application) with the facility, which allows for construction, installation and maintenance of wastewater
disposal pipelines within Fortron's 20' easement area.
Fortron currently utilizes a 5" wastewater effluent pipeline to discharge treated wastewater to the Cape
Fear River. However, with increased productivity, the Plant is expanding their wastewater discharge
facility. In foresight, Fortron anticipated the expansion of the waste treatment facility, and
constructed/installed an 8" pipeline back in 2004. No new work to the existing lines are being applied
for under this CAMA Major Permit, except for the connection of the proposed 6" line to the 8" mainline.
The New Hanover Land Use Plan classifies adjacent waters and high ground area as Conservation and
Transitional, respectively. The waters of the Cape Fear River, adjacent to the project site, are classified
SC by the N.C. Division of Water Quality. The waters ARE designated as a Primary Nursery Area by the
N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT: The applicant proposes to repair the existing catwalk and install a new
wastewater effluent pipeline and diffuser. Beginning along the high ground portion of the property, or
where the new 6" effluent line would connect to the mainline above the "404" Wetlands line, the
applicant proposes to repair (or replace sections if necessary) the existing 2' x 400' catwalk. The existing
steel catwalk runs from east to west and spans a 400' section of "404" Wetlands. The walkway is
elevated approximately 2'-3' above the wetlands substrate and concrete/steel pilings anchor the structure
to the marsh substrate. The applicant proposes to repair the existing walkway instead of replacing it to
keep wetland impacts to a minimum.
I
Fortson Industries, LLC
Page 2
As previously indicated, the applicant is proposing to install a new 6" wastewater effluent pipeline and
diffuser. The new effluent pipeline would connect to the 8" mainline above the "404" Wetlands line,
approximately 300' east of Mean High Water (MHW). The new pipeline would span the entire length of
the catwalk and rests atop of the steel walkway. At the terminal end of the catwalk, or adjacent to the
waters edge, the pipeline would be reduced from a 6" pipe to a 3" pipe (diffuser line). The diffuser line
would extend approximately 80' in a northwesterly direction (from MHW) towards the center of the
Cape Fear River, terminating well short of the Corp of Engineers 52' Federal Channel.
The diffuser line would be elevated 1'-3' off of the bottom and vertical pilings would secure/anchor the
line in place. The applicant has indicated that numerous 8" wood pilings would be used to secure the
line. The vertical pilings would be elevated a minimum of 3' above MHW. (2) two-inch diffuser ports
would be located at the terminal end of the pipe, placing the actual point of discharge approximately 80'
from MHW.
The applicant has received an NPDES Permit (#NC0082295), from the Division of Water Quality, for
the expansion of the wastewater treatment facility, including the addition of the proposed pipeline.
According to the work plat drawings provided by the applicant, the proposed structure would be located
within the established area of riparian access, and would not extend beyond the dredging limits
established by the USACE.
10. ANTICIPATED IMPACTS
The proposed catwalk repair, wastewater effluent pipeline and diffuser pipe would incorporate
approximately 90 square feet of estuarine waters and public trust area. The proposed structure would be
built with in the applicant's area of riparian access. Minor increases in turbidity should be expected
during construction.
Submitted by: J.Dail Date: 6/20/06 Office: Wilmington
(AR - ulsn
?
JUN 2 3 2006
i
CH2MHILL
DE'NR - WATER QUALITY
VVETLA03 4@ STC, - iVOTER BMW
June 14, 2006
Jason Dail
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Subject: CAMA Major Development Permit Package
Dear Mr. Dail:
CH2M HILL
3125 Poplarwood Court
Suite 304
Raleigh, NC 27604
Tel [phone]
Fax [phone]
S?
O ? 6 2pp6
?uN
,Or1 OF MEND
Div ? Mp,NPG'E
GO PSVO
On Behalf of Fortron Industries, CH2M HILL has prepared the attached CAMA Major
Permit Application for the DB6 Expansion Project, specifically this permit application
pertains to all construction activities related to a new effluent line and diffuser structure. As
per your request, 27 copies of the permit application have been prepared for distribution to
government agencies.
E Project Purpose

The Project is being implemented as result in the need for expanded process plant capacity
and a subsequent expansion of the existing WWTP facilities on the main processing plant
site. In order to handle the additional wastewater discharge a new effluent line and diffuser
structure will be connected to existing underground wastewater infrastructure from the
plant site. A new effluent line (-400 feet) from the existing junction boxes will be connected
to a new diffuser line (-150 feet).
Permit Application
The attached permit application contains the required application (Appendix C), as well as a
narrative on the permit application development. Within the application there is the
description of the actual project scope and the methodologies that will be employed to
complete the project. Stream and wetland temporary impacts related to construction
activities for this project are described and estimated. Compensatory mitigation for project
j related impacts has not been proposed for this project, as impacts will be minimized by
methodologies described within the permit application development and all unavoidable
temporary impacts will be minor.
Closing Comments
CH2M HILL would like to thank you for your guidance, effort, and time offered during the
field visit as well as during the preparation of this permit application. Please distribute this
permit application to the appropriate agencies. If you have any questions or need
n
U
Jason Dail
Page 2
June 9, 2006
additional information, please contact me at [phone], ext. 16 or Kathryn Benson at
[phone], ext. 21.
•
Sincerely,
dam harpe
CH2M HILL
Cc: Steve Ridge, Fortron Industries
Tom Provost, Fortron Industries
Danny McCaskill, Fortron Industries
Kristen Jenkins, CH2M HILL
Kathryn Benson, CH2M HILL
Bill Kreutzberger, CH2M HILL
E174F
D
JUN 16 2006
DIVISION OF
COASTAL MANAGEMENT
0
•
Coastal Area Management Act (CAMA)
Major Development Application
for
Fortron® Industries, LLC
•

It
JUNE'
DIVISION O EMENT
COASTAL MANAG
June 2006
Table of Contents
Project Background
Permit Application Developments
Temporary and Permanent Construction Impacts
Wetland Impacts
Other Environmental Impacts
Mitigation j
Form DCM-MP-1 Application
Section la: Applicant
Section 2a: Location of Proposed Project
Section 3a: Description and Planned Use of Proposed Project
Section 4a: Land and Water Characteristics
Section 5a: Additional Information
Section 6a: Certification and Permission to Enter Land References
Form DCM-MP-2 Excavation and Fill
j Section lb: Excavation
Section 2b: Disposal of Excavated Material 0 F IVE
Section 3b: Shoreline Stabilization D
JUtJ 1 ? 2??6
Section 4b: Other Fill Activities
pIV iSiUN U4-
Section 5b: General COASTAL- MANAGEMENT
Form DCM-MP4 Structures
Section lc: Structures
Appendices
Appendix A: NPDES Permit
Appendix B: - 404 Wetland Line/CAMA wetland area map
- USACE Signed 404 Wetland map with Mean High Water Elevation
Appendix C: CAMA Permit Application
Appendix D: Fortron© Industries Property Deed & Access Agreements with Cape
Industries (now Invista)
Appendix E: Access Agreement for WWTP Effluent Pipeline with Carolina Power
-3-
& Light (now Progress Energy)
Appendix F: Notification of Riparian Property Owners
Appendix G: Catwalk Section and Plan View drawings
Appendix H: Site Plan and Cape Fear River Profile
Fj
U
JUN 16 2006
DIVISION OF
COASTAL MANAGEMENT
r
i
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•
Project Background
Fortron'D Industries, LLC (Fortron'D) is a 14-acre facility near Wilmington, North Carolina,
adjacent to Invista (Figure 1). The facility manufactures polyphenylene sulfide (PPS). PPS is
a high-strength plastic used in electronics and automotive products. Production facilities
consist of typical chemical processing equipment (reactors, vessels, tanks, distillation
columns, furnaces, and cooling towers) and associated piping. Construction of the
production facilities began in the second half of 1992 and was completed in late 1993.
Fortron© is now expanding their process plant and their wastewater treatment plant
(WWII'), increasing the parcel acreage to 22 acres. Subsequently, an additional 400 feet of
effluent line and diffuser structure are necessary. Wastewater sources generated by PPS
production will include: process wastewater, sanitary wastewater, cooling tower
blowdown, and process area stormwater. All of these sources will be collected and routed
to an on-site wastewater treatment plant (WWTP) permitted by the North Carolina Division
of Water Quality (National Pollutant Discharge Elimination System (NPDES) permit #
N00082295, Appendix A). The process wastewater will contain total dissolved solids (TDS),
ammonia and biodegradable organic compounds. The existing NPDES permit covers the
expanded effluent discharge from the WWTP. The effluent will be discharged to the Cape
Fear River via a pipeline and diffuser at Outfall 001. The effluent line runs parallel to the
existing Invista WWTP effluent pipeline for the majority of its 2.5 mile length.
•

Table 1: NPDES Permitted Discharge Points
Fortrone
Receiving Body Cape Fear NE Cape Fe
Process Wastewater 001 -
Non-process Stormwater -- 002
COA
.EnZ
JUN 16 2006
DIVISION OF
STAL MANAGEMENT
Fortron'sm non-process stormwater is routed to a holding pond and can be discharged to the
Northeast Cape Fear River via an existing drainage canal (NPDES outfa11002) although this
has never occurred. Solid wastes generated from PPS production are disposed of at a secure
offsite landfill approved by the North Carolina Division of Waste Management.
Temporary and Permanent Construction Impacts
Wetland Impacts
The modification of the existing steel catwalk, construction of a new effluent line and
diffuser structure will result in temporary construction impacts to jurisdictional wetlands.
These jurisdictional wetlands were determined during a delineation, utilizing the guidance
of the 1987 United States Army Corp of Engineers (USACE) Manual, on April 27th, 2006.
The jurisdictional wetland line is depicted relative to the project limits in Appendix B.
These temporary construction impacts will be minimized by the construction methodologies
following guidance provided in the USACE Nationwide Permit general conditions. The
existing steel catwalk will be refurbished instead of constructing an entirely new catwalk.
Therefore little additional soil manipulation will be necessary as the rehabilitation of the
.5-

•
•
existing catwalk will utilize the existing support system. The new effluent line and
refurbishment of the existing catwalk can be primarily completed by hand minimizing the
amount of construction equipment traffic within the wetland area. If the support system
needs to be improved, concrete pilings (approximately 1 square foot in surface area) will be
driven into the soil to provide additional support. Under this scenario equipment will be
necessary to install concrete pilings. Dave Timby of the USACE Wilmington District stated
that the District will not consider the installation of concrete pilings as a permanent impact
to wetlands protected under Section 404 (personal communication, May 25, 2006), and
therefore the cumulative area of concrete pilings to be used was not calculated as a
permanent impact. Stream impacts will be from construction methodologies utilized to
secure the effluent line and diffuser structure to the river bottom. The proposed
methodology is the use of pilings to secure the line and diffuser (Appendix G), but may be
altered based on site conditions. The total footprint for the permanent stabilization of these
structures will be less than 0.01 acres. This acreage was calculated using the construction
methodology that creates the maximum impact, which is the use precast concrete block for
stabilization. There is a tidal creek that bisects the wetland area, this creek is currently
crossed by the existing catwalk and the rehabilitation of this ca alk will cause ne ligible
temporary impacts on this creek. A summary of the quantitati eF f e e
is presented in Table 5. V1 U j
Table 5: Temporary and Permanent Construction Impacts JUN 16 2006
Impact Temporary (acres) P ?3?It1(q5}es)
404 Jurisdictional Wetlands (not
including CAMA wetlands) 0.22
CAMA Wetland (Coastal Marsh) 0.01 0
Tidal Creek 0.04 0
Stream (Cape Fear River) 0.10 >0.01
Temporary impacts are being considered for the entire area where construction activities
will occur (25 feet by 550 feet corridor, including area for diffuser construction) including a
50 feet by 50 feet staging area at the top of the bank of the Cape Fear River. There is a
potential with the described construction option that trees will have to be removed by
logging machinery. If there are no means of avoiding the tree removal, mitigative measures
such as the utilization of mats for equipment work in wetland areas will occur as will mats
be used for all equipment operating in the wetland area.
Other Environmental Impacts
This project is located within the floodplain of the Cape Fear River. The existing catwalk
will be refurbished rather than erect new structures in the floodplain. Therefore, there will
be no change in flood conveyance or flood water storage capacity; and a letter of notification
of map revisions from the Federal Emergency Management Administration (FEMA) is not
necessary.
The area of Cape Fear River in which the new diffuser will discharge is considered waters
utilized by anadramous fish that may spawn in or near the project area. Spawning occurs
T
-s•
during the time frame of February 1st to June 30th. All construction activities will be done
during the time frame of July 1 through January 31 to avoid impacts to these anadramous
species.
Mitigation
Impacts related to this project will be minimized and all unavoidable temporary impacts
will be minor, there fore no compensatory mitigation is proposed for this project.
CAMA Permit Application Development
Fortron'sO completed permit application is presented in Appendix C. The following text
documents the procedures used in preparation of the application and presents data that
relates to the information contained in each section of the application.
Form DCM-MP-1
Section 1a: Applicant
A-C) Fortron's© permit application is being submitted to cover all development activities
associated with construction of 400 feet of effluent line and a new diffuser structure
to be placed in the Cape Fear River. All construction activities will be within a 3
acre project area adjacent to the Cape Fear River. Most of the construction activities
will occur within the current easement Fortron® has for its existing effluent line (0.32
acres). Temporary construction impacts will occur along a 25 feet by 550 feet
corridor along the existing catwalk and out into the Cape Fear River along the new
1;
diffuser line (Figure 2). Ur, Z V H ? ??
,jam Section 2a: Location of Proposed Project
A-E) Fortron© Industries JUN 16 2006
4600 Highway 421 North DIVISION OF
Wilmington, North Carolina 28402 COASTAL MANAGEMENT
New Hanover County
Nearest Body of Water: Cape Fear River and Northeast Cape Fear River
Section 3a: Description of Planned Use of Proposed Project
A-D) This project involves the expansion of the existing WWTP on the main processing
plant site. Subsequently, a new effluent line and diffuser structures will be
connected to existing underground wastewater infrastructure from the plant site. A
new effluent line (-400 feet) from the existing junction boxes will be connected to a
new diffuser line (-150 feet) that will discharge industrial effluent to the Cape Fear
River.
Refurbishing the existing catwalk will utilize the existing foundation, this will limit
impacts to wetland areas. Temporary impacts will occur within a 25 feet by 550 feet
corridor. Ground disturbance will not occur unless the existing catwalk's
foundation needs to be improved with concrete pilings. Temporary construction
impacts will be minimized by the use of mats for any equipment working in the
wetland area. Stream impacts will be from the installation of structures necessary to
stabilize the effluent line within the Cape Fear River as well as the diffuser structure.
.7-
Section 4a: Land and Water Characteristics
A-C) The project site is approximately 3 acres along an existing easement that will be used
for the effluent discharge pipeline just above the existing diffuser structure.
Temporary land disturbance area will be limited to a 25 feet by 400 feet corridor (0.23
acres) along the existing catwalk (Figure 2), the entire area will not be impacted but
this is the boundary for construction activities. Temporary impacts within the Cape
Fear River will occur within a 25 feet by 150 feet area downstream of the existing
diffuser. Existing upland construction facilities (access road and parking lot) have
already been constructed along the existing easement and these facilities will be used
to avoid creating new disturbances. Access to the area of the proposed diffuser will
be by barge.
D) According to the general soil survey for New Hanover County (USDA, 1977), the
entire area impacted by construction of Fortron's© new effluent line is classified as
Dorovan soils which are described as very poorly drained and are also on the USDA,
1995 list of hydric soils for the state of North Carolina.
E) The area in which the project site is located has vegetation comprising primarily
facultative wetland or obligate wetland species including red maple, sweet gum, and
wax myrtle in the more transitional areas and bald cypress, black gum, water tupelo,
and green ash in the deeper wetland areas closer to the Cape Fear River. A narrow
band of emergent wetland vegetation, dominate r eed and cattail,
borders the edge of the river and will be crossed t ta This a rea has been verified by the DCM as a coast ars t eto c 1
mar
sh within the project area is 0.15 acres (Appe B). J??N jafls
F) The only man-made structure in the project area is he cabv hat was coed
Qll as the
to elevate Invista and Fortron's© existing effluent ?m? MRAGEMENT
diffuser within the Cape Fear River. G-I) Fortron's© production facilities will be constructed in an area classified as transitional
under the CAMA Land Use Plan Classification (Ref. 2). The pipeline from Fortron'so
WWTP transect areas classified as transitional and conservation. The area of the
production facilities is zoned 1-2, Industrial by New Hanover County. The project
area where the new effluent line will be constructed is classified as conservation.
J-K) Discussion with DCM staff indicated that since the North Carolina Department of
Archeology will review this application, a professional archeological survey is not
required. There are no historic sites or districts in or adjacent to the project area.
L) There are U.S. Army Corps of Engineers (USACE) jurisdictional wetlands within the
project area, including a small area of coastal marsh along the edge of the Cape Fear
River. These areas have been delineated following the 1987 manual and are shown
on a map signed by the USACE in Appendix B.
M-N) As shown in Figure 1, the Fortronm facility has two NPDES permitted outfalls. Non-
process stormwater will be discharged to the Northeast Cape Fear River via Outfall
002, which is an existing open canal. WWTP effluent will be discharged to the Cape
Fear River via Outfall 001. The characteristics of the receiving streams are
summarized in Table 2.
-8-
Table 2: Characteristics of Fortron NPDES discharge receiving streams.
Characteristic Northeast Cape Fear River Cape Fear River
Stream Classification C-Swamp C-Swamp
Drainage Area, sq. miles 1,630 7,055
Regulatory Low Flow, (a) cfs
Summer
Winter
27.2
118
910
N/A
Average Flow, cfs 2,080 8,160
(a) Regulatory low flows based on the 7Q10 or flow regulation scheme developed by the USACE.
Section 5a: Additional Information
The deed for Fortron© Industries is included in Appendix D. The access agreement for the
routing of the WWTP effluent pipeline across property owned by Progress Energy is
included in Appendix E. The stormwater management plan for the Fortron@ plant
expansions was submitted to the DWQ on May 18, 2006. The riparian property owners
listed in Table 3 have been notified of the proposed proje
application package (Appendix F). Responses received ar „A d
Figure 2 identifies the tracts of land for each associated rian owner. State an e r
permits issued to Fortron@ and ones that have recently be phd@ft) i a6e uded
Table 4.
DIVISION OF
Table 3: Adjacent Riparian Landowners COASTAL MANAGEMENT
Name Address
B.B. Cameron PO Box 3649
Wilmington, NC 28406
Progress Energy c/o Mike McIntire
PO Box 1551
PEB 3A
Raleigh, NC 27602
•
.9-

•
Table 4: State and federal permits issued or pending for Fortron®.
Permit Description Number Issued Date
New Hanover County Permit for Land 34-92 March 23, 2006
Disturbing Activity (Soil Erosion and
Sedimentation Control Plan)
North Carolina Division of Water Quality NC0082295 April 6, 2005
(DWQ) NPDES Permit
NC DWQ Authorization to Construct Pending Pending
Several building permits for construction of the production facilities have also been
obtained.
This project does not involve ocean front or inlet areas; therefore, an Area of Environmental
Concern (AEC) hazard notice is not required. Additionally, this project does not involve the
expenditure of public funds, therefore; documentation of compliance with the North
Carolina Environmental Policy Act is not required.
Section 6a: Certification and Permission to Enter on Land
The Fortron© Industries facility is a state-of-the art industrial V
during the design and construction phases of the project, envir
emphasized. This permit application was prepared in accord in
Carolina's Coastal Management Program.
Form-DW-MP2
Section 1 b: Excavation
and
JUN 16 2006
DIVISION OF COASTAL MANAGEMENT
A-F) There will be no excavation activities below mean low water (MLW) or in any of the
jurisdictional wetland areas. An expanded support system for a refurbished catwalk
foundation will be installed using standard piling installation methodology.
Section 2b: Disposal of Excavated Material
A-D) There will be no excavation activities associated with this project and therefore no
concerns in regard to the disposal of excavated material.
Section 3b: Shoreline Stabilization
A-I) Construction for Fortron© Industries will not impact the shoreline stability of either
the Cape Fear River or the Northeast Cape Fear River.
-1o-
Section 4b: Other Fill Activities
A-B) The major construction activities within the project area will include the use of
concrete pilings, if necessary, to provide added support for the refurbished steel
catwalk, to be constructed directly connected to the existing catwalk foundation.
Other activities will include the construction of a new stabilization system for the
new diffuser structure to be placed approximately 14 meters away from the existing
diffusers in the Cape Fear River (NC DWQ requirement). No earthwork of rock
work will be part of this project and as stated earlier concrete pilings will not be
considered as permanent impacts and therefore were not calculated as fill area.
Section 5b: General
A-C) Material used will be concrete pilings; these will not be stockpiled on site but will be
maintained in upland areas or on the barge that will be utilized for the construction
of the new diffuser and its support system. There will be no soil excavation or soil
fill, and therefore minimal offsite transport of material should occur. Incidental
sediment production will be managed under the guidance of the general conditions
of Nationwide Permit (NWP) 12 for utility lines. This guidance will be followed in
relation to erosion and sediment control guidelines.
During installation of the new effluent pipeline, it may be necessary to transport
equipment across wetlands. If this is necessary, protective mats will be used to
prevent damage due to soil compaction. Damage will further be minimized from
construction traffic by utilizing the existing steel catwalk that supports Fortron'so
existing effluent pipeline to hand carry section of the n 1 V
Form-DW-MP3
JUN 16 2006
Section 1c: Structures
A-G) There will be one new structure constructed in associ I ??c?
ifi
wo
wood pilings will be installed within the Cape Fear Rive7r?toh)o?`e?v' ?@¢T
structure. The rehabilitation of the existing catwalk will not add any additional
structure to the project area; the catwalk plan and section view can be seen in
Appendix G.
References
1. United States Department of Agriculture (USDA), Natural Resource Conservation
Service, (1977), Soil Survey of New Hanover County, North Carolina.
2. Summary of the Wilmington - New Hanover Land Use Plan, (1986) Adopted by
Wilmington County Council (1987) and New Hanover County Commissioners
(1986).
3. United States Department of Agriculture (USDA), Natural Resource Conservation
Service, (1995), Hydric Soils of North Carolina.
•
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
April 6, 2005
Mr. Thomas S. Provost
Fortron industries
P.O. Box 327
Wihnington, North Carolina 28402-0327
Subject:Issuance of NPDES Permit NC0082295
Fortron Industries
New Hanover County
Dear Mr. Provost:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
- North Carolina and the U.S. Environmental Protection Agency dated May 9,1994 (or as subsequently
amended).
This final permit includes the following major changes from the draft permit sent to you on February 16, 2005:
? Conductivity monitoring has been deleted. It was added to the draft permit due to an error.
? The Daily Maximum Emit for Hexachlorobenzene has been changed 12
q
spreadsheet error. to
'? SJ
If any parts, measurement frequencies or sampling requirements co ed ua this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon u?it?ti?i (30}
days following receipt of this letter. This request must be in the form of a petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Ad1 g0#311je -n
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless.QM1? tn hV , T
shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local
governmental permit that may be required. If you have any questions concerning this permit, please contact
Dr. Sergei Chernikov at telephone number [phone], extension 594.
ftfkt.. SIGNED BY
SUSAN A. WILSON
cc: Centr%i YAM
Wilmington Regional Office/Surface Water Protection
NPI)ES Mud
Aquatic Toxicology Unit
EPA Region N / Roosevelt Childress
• ? _° -'' ez':°?1??[#?t',9,.P??a??.le3'€?rd vixil?2¢U:Gf?'loite3l?t?..?1,'?la?t<f
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one,1,
512 North Salisbury Street, Raleigh, North Carolina 27604 No! fi1Carolina__ .
Phone: [phone] / FAX [phone] / lntemet: h2o.enr state.mus
An Equal Opportunity/Affirmative Action Employer- 5046 Recycledll00/. Post Consumer Paper Vatffj ally
i
Permit N00082295
• STATE- OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AMID NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER TIE
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,
Fortson Industries
is hereby authorized to discharge wastewater from a facility located at
Fortran Industries -
US I-Eghway421 n1i
Wilmington V 9
New Hanover i
N 1 6 2006.
to receiving waters designated as Cape Pear River in the Cape Fe le effluent
limitations, monitoring requirements, and other conditions set for" , WAOFfid"T
This permit shall become effective May 1, 2005.
This permit and authorization to discharge shall expire at midnight on December 31, 2006.
Signed this dayApril 6, 2005. .
ORIGINAL SiGNBD BY
SUSAN A. WILSON
Klimek, P.E., Director
Division of Water Quality
BYAuthontyof he Fn im men 1 Manngement Commission
?7
Permit NCO082295
•
SUPPLEMENT TO PERMIT COVER SHEET
AU previous TNTDFS Permits issued to this facility, whether for operation or discharge are herebyrevoked. As of this
perina ss nce, any preciously zssued pezmtt bearing this number is no longer effective. Therefore, the exclusive
amhomy to operate and discharge from the facL7 arises under the permit conditions, requirements, terms, and
provisions included herein.
Fortron Industries is hereby authorized to:
Continue operation of a 0.834 MGD wastewater treatment system that includes the following
components:
Wasteuarer collection tank
Dual influent flow equalization tamps with neutralization
Stromwater collection tank
Plate and frame heat exchanger
• Three sequencing batch reactors with pure oxygen and musing pumps.
-Pre-f bution equalization tank
• Disk filter unit
Effluent holding tank widi effluent pumps
Aerated sludge holding tank -
Slndge beelt press
This facility is located at Fomron Industries on US Highway 421 northwest of Wilmington in New
Hanover County.
2. Discharge treated wastewater from outfall 001 at the location specified on the attached map into the
Cape Fear River, classified C-Swamp waters in the Cape Fear River Basin. Discharge stormwater via
outfall 002 into the Northeast Cape Fear River, classified SC-Swamp waters in the Cape Fear River
Basin.

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ROAD CLASSIFICATION SCALE 1:24000
PRiMWYHWY r.Du OR p t MILE
f ARDSUWAM "MMSUWAM
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$FOO.Nomff.MW 0 7000 FEET
Kmo smmae r=mmr= OwNPAmm now c
1 0 1. KILOMETER
# j265 F. Sub-basin 30617
Discharge Class 31 73
Receiving Stream Cape- Fear River .
CONTOUR INTERVAL 2 METERS
Fortron Industries
NCO082295
New Hanover County
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Permit NC0082295
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [0011
During the period beginning on May 1, 2005 and lasting until expiration, the Permittee is authorized to discharge
treated wastewater from outfall 001. Such discharges shall be limited and monitored bythe Permittee as specified
below:
W
M
.
_
Flow 0.834 MGD Continuous Recording Influent or
Effluent
BONS, 20°C 102.4 pounds/day 3072 pounds/day Daily Composite Effluent
Total Suspended Solids 331.0 pounds/day 1063.8 pounds/day Daily Composite Effluent
Temperature Daily Grab Effluent
Dissolved Oxygen Daily average > 5.0 mg/L Daily Grab Effluent
pH > 6.0 and < 9.0 standard units Daily Grab Effluent
1,4-Dichlorobenzene 0.08 pounds/day 0.15 pounds/ day Q rt y
Chronic Toxicity' Q dy
J ,qm site

1 622 ,
Eff( e
) i
OCPSF Parameters' s s s Grab
Total Nitrogen -" -? - Quarterly r'yi
(N02+ N0s + TKN)
Total Phosphorus Quarterly Composite Effluent
Total Chromium Semi-Annually Composite Effluent
Total Copper a :. Semi-Annually Composite Effluent
Total Lead Semi-Annually Composite Effluent
Total Nickel Semi-Annually Composite Effluent
Total Zinc Semi-Annually Composite Effluent
rootnotes•
me oxrcazy - at V E testing rn a ruary, y, Augus; ov see page
2. OCPSF Parameters for this flow/production level (monitoring frequencies and limits) are listed on page A. (3.).
ere s no e o oaturg so orvrsr oam in o er ffi -m trace amounts.
lie
Permit N00082295
A. (2.) CHRONIC TOXICITY PERMIT LBUT (Quarterly)
The eff lu nt discharge shall at no time exhibit observable inhibition of reproduction or significant mortalkyto
&Rz at an effluent concentration of 0.9%.
The permit holder shall perform at a min i**nim ? monitoring using test procedures outlined in the "North
Carolina a 7?= Chronic Effluent BioassayProcedure,- Revised February 1998, or subsequent versions or
`North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised February 1998) or subsequent
versions. The tests will be performed cfiaing tae nvdz gPebruary, May, August, November. Effluent sampling for
this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the fast test of anysingle quarter results in a failure or ChV below the permit limit,
then multiple-concentranoa testing shall be perfoaned at a m nirm n, in each of the two following months as
descn in "N%rrh Carolina Phase II Chronic Whole Effluent TosicityTest Procedure" (Revised-February 1998) or
subsequent versions.
The chronic value for nmAtiple concentration tests will be determined using the geometric meanof the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that does
have a detectable impairment of reproduction or survival- The definition of "detectable impairment," collection
methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic
whole Effluent Tosrr_ityTest Procedure' (Res ved-February1998) or subsequent versions.
Al tomizitytestiug results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR 1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THM for the Chronic Value. .Additionally, DWQ FormAT 3 (original) is to be sent to the
following address:
Attention: NC DENR / DWQ / Environmental
1621 Marl Service Center
Raleigh, Forth Carobma,o ff
after th,e end of the reporting period for which the report is
Test data shall be complete, accurate, include allsupporting cl
concentration/response data, and be certified bylaboratoryst
Total residual chlorine of the effluent toxicztysample must be
disinfection of the waste stream.
PU
r an r ggsignature.
!
asured if chicane is employed for
GO NS
Should therebeno discharge of flow from the facilityduring a month is which tonicity monitoring is required, the
permiztee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility
name, pennit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the
comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month.
o anytest data m monitoring requirement ortests performed bythe North Division o Water
Qualityindicate potential impacts to the receiving stream, this permit maybe re-opened and modified to include
lit monitoring requirements or limits.
NOM Faire to aclz,eve test condHons as specified in the cued document, such as minimum control organism survival,
m*rE=-1n, control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require
ir.? fenov;-up testing to be completed no later than the last dayof the month following the month of the initial
?aroriag.
Permit N00082295
A.(3.) OCPSF LIMITS AND MONI'T'ORING REQUIREMENTS
These limits and monitoring requirements are associated with the permitted flow of 0.834 MGD and the production
rates related to that flow.
Parameter Monthly
Average
[pounds/ cla ] Daily
Maximum
[ oundsMa ] Measurement
Frequency Sample
Type Sample
Location
Acen hthene 0.12 0.31 Annual Grab Effluent
Acen hth ene 0.12 0.31 Annual Grab Effluent
Ac lonitrile 0.51 1.29 Annual Grab Effluent -
Anthracene 0.12 0.31 Annual{ Grab Effluent
Benzene 0.20 0.73 Annual! Grab Effluent
Benz a anthracene 0.12 0.31 Annual Grab Effluent
3,4-Benzofluoranthene 0.12 0.33 Annual Grab Effluent
Benzo fluoranthene c,PAH 0.12 0.31 Annual Grab Effluent
Benzo a rene . 0.12 0.33 Annually Grab Effluent
Bis 2-eththe phthalate 0.55 1.49 AnnuaA . _ Grab Effluent
Carbon Tetrachloride 0.096 020 Annually Grab Effluent
Chlorobenzene 0.08 0.15 Annual Grab Effluent
Chioroethane 0.55 1.43 Annual Grab Effluent
Chloroform 0.11 0.25 Annual Grab Effluent
2-Chlor henol 0.17 0.52 Annual Grab Effluent
Ch rene 0.12 0.31 ual Grab Effluent
Di-n-b i phthalate 0.14. 0.30 n i 1
1,2-Dichlorobenzene 0.41 0.87 I u n
1,3-Dichlorobenzene 0.17 0.23 al Grab nt
1,1-Dichloroethane 0.12 0.31 I Effl nt
1,2-Dichloroetha
ne 0.36 1.12 all Grab Efff n{
_
1,1-Dichloroeth lene 0.09 0.13 _ uall _
j E
1,2-trans-Dichloroethene 0.11 0.29 cent
2,4-Dichloro henol 0.21 0.60 Annuals Grab' Iffiffil
1,2-Dichloro ro a 0.82 123 Annual Grab Effluent
1,3-Dichloro r lene 0.16 023 Annually Grab Effluent
Diethyl phthalate 0.43 1.08 Annual Grab Effluent
2,4-Dimeth 1 henol 0.10 0.19 Annual Grab Effluent
Dimeth I phthalate 0.10 0.25 Annually Grab Effluent
4,6-Dinitro-o-cresol
(2-MethyI-4,6-D1nftrophenoI) 0.42 1.48 Annually Grab Effluent
2 4-Dinhro henoi 0.38 0.66 Annual Grab Effluent
2,4-Dinitrotoluene 0.60 1.52 Annual( Grab Effluent
2,6-Dinitrotoluene 1.36 3.42 Annuals Grab Effluent
Eth benzene 0.17 0.58 Annuals Grab Effluent
Rouranthene 0.13 0.36 Annuall Grab Effluent
_Rumrene 0.12 0 31 nnual Gr b ffluent
Hexachlorobenzene 0.08 0.15 Annual Grab Effluent
Hexachlorobutadiene 0.12 0.26 Annual Grab Effluent
Hexachloroethane 0.11 029 Annual Grab Effluent
Meth Chloride 0.46 1.01 Annual Grab Effluent
Methylene Chloride 0.21 0.47 Annual Grab Effluent
0 [continued on next page]
Permit NCO082295
A.(3.) OCPSF UNUTS AND MONITORING RE QUIREMENTS
[confim,4
Parameter Monthly
Average Daily
Maximum Measurement
Frequency Sample
Type Sample
Location
[ ounds/da J [pounds/day]
Ka" h ha"lane 0.12 031 Annual Grab Effluent
f?obenza a 0.14 0.36: Annually Grab Effluent
2-Ecohenol 022 0.37 Annual Grab Effluent
4btifro henol 0.38 0.66 Annual Grab Effluent
Phenanthrens 0.12 0.31 Annual Grab Effluent
phenol 0.08 0.14 Annual Grab Effluent
Pyrene 0.13 0.36 Annual Grab Effluent
Tet achloroa m 0.12 0.30 Annually Grab Effluent
Toluene 0.14 0.43 Annual Grab Effluent
1,2,44fichlorobenzene 026 0.75 Annua Grab Effluent
1,1.1 Trkhloroethane 0.11 029 Annually Grab Effluent
1,12 TriIlatroeims 0.11 029 Annually Grab Effluent
TftNoreth• ;ene 0.11 029 Annually Grab Effluent
Vu 4 Chude 0.55 1.43 Annual Grab Effluent

•

•
Permit NCO082295
April 6, 2005
A.(4.) STANDARD CONDITIONS FOR STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the
following schedule:
Existing Facilities: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months
of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as
specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective
date of the initial permit issuance.
Proposed Facilities: 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 A Section A, Paragraph 2(b) of this permit shall be accomplished prior
to the beginning of discharges from the operation of the industrial activity.
Duty to Comaly
The permittee must comply with all conditions of this individual permit. Any permit noncompliance constitutes a
violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or denial of a permit upon renewal application.
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 $27,500 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
-- year, orbodL-Any-person_who-]movingly-violates-permit-conditions-issubject to-cirimiualienaltim-of __._ _
$5,000 to $50,000 per day of violation, or ' o t for not more than 3 years, or both . Also, any
person who violates a permit condition may ery not to exceed $11,000 per
violation with the maximum amount not to s . o: Federal Act 33 USC
1319 and 40 CFR 122.41(a).] V 4,t
C. Under state law, a daily civil penalty of h Le thaii. 04-wand d $25,000) per violation
t in accordance a terns, conditions, or
may be assessed against any person who violate;,)WMQP44j3?PJ5.6
requirements of a permit. Wfi North Cld. ' Any person may he assessed an administrative penalty by the Dir?t?or 4fo?g 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 I violations are not to
exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500. Penalties for Class 11 violations are not to exceed $11,000 per day for each day during which the
violation continues, with the maximum amount of any Class H penalty not to exceed $137,500.
3. Duty_ to Mitigate
-- - - The per mittee shall take all reasonable steps to minimize or prevent any discharge in violation of this individual
permit which has a reasonable likelihood of adversely affecting human health or the environment
4. Civil and Criminal Liability
Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, nothing
in this individual permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties
for noncompliance pursuant to NCGS 143-2153,143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal
Page 1 of 10
Permit NC0082295
April 6, 2005
Act, 33 USC 1319_ Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsI ity for effective compliance maybe temporarily suspended
5. 0-l and Hazardous Substance Liability
Noth^g in this individual permit shall be construed to preclude the institution of any legal action or relieve the
pemattee 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. Prmemty Rights
The issuance of this individual permit does not convey any property rights in either real or personal property, or any
exchisive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
inf ingem ml of Federal, State or local laws or regulations.
Severabml ty
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
-application of any provision of this individual permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this individual permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall famish to the Director, within a reasonable time, any information which the Director may request
to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to
this individual permit or to determine compliance with this individual permit The permittee shall also famish to the
Director upon request, copies of records required to be kept by this individual permit
9. Penalties for Tamperine
The Clean Water Act provides that any person who falsifies,-tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this individual permit shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per
- -viol ion, 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
mnrelhan_4_yars, or-.both
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowing ?j fa r entation, or
certification in any record or other document sub o ?iiimaintained un individual permit,
including ? monito ' reports or reports of cow mli omPNance s n con t be punished by a
hao ?
fine of not more than $10,000 per violation, or by nment fo} ?totA TIT tan two ye per violation, or by both.
O?4 U?,M
SECTION B: GENERAL CONDITIONS O\ \J\bk NN ?G
1. Individual 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 permnittee 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 at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided
inNCGS §143-2153.6 and 33 USC 1251 et seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The Director may
require modification or revocation and reissuance of the permit to change the name and incorporate such other
requirements as may be necessary under the Clean Water Act Perauttee is required to notify the Division in writing
in the event the permitted facility is sold or closed.

Page 2 of 10
Permit NC0082295
April 6, 2005
3. Signatory Requirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the
corporation in charge of a principal business function, or any other person who performs similar
-policy or decision making functions for the corporation, or (b) the manager of one or more
manufacturing production or operating facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in accordance with corporate
procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer
or ranking elected official.
b. All reports required by the individual permit and other information requested by the Director shall be signed
by a person described above or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
(1) The authorization is made in writing by a person descnbed 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.
C. Any person signing a document under paragraphs a. or b. of this section shall make the following
cerpl7ication
"I certify, under penalty of law, that this document and der my direction or
supervision in accordance with a system designed to as pr r and
evaluate the information submitted.,Based on my inq f the person or perso w g system,
or those persons directly responstle for gathering the do Morma. on submi to the best
ofmy knowledge and belief, true, accurate, and.co am alai a si hies for
submitting false information, including the posse ility of fines a? nment for kno olations."
sA VWQ
4. Individual Permit Modification, Revocation and Reissuance. or Teerrminartrort- MA NA GF
The issuance of this individual pemrit does not prohibit the Director from reopening and moo"Uindividual
permit, revoking and reissuing the individual permit, or terminating the individual permit as allowed by the laws,
rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North
Carolina Administrative Code, Subchapter 211.0100; and North Carolina General Statute 143-215.1 et. al.
5. Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or
anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
er Cgperauo-n an am nance
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
individual permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate
Page 3 of 10
quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar
Permit N00082295
April 6, 2005
sys'= which are installed by a permittee only when the operation is necessary to achieve compliance with the
co dit:ons of this indnaduaI permit.
2. Need to Halt or Reduce Not a Defense
It shall not be a defense for a pemmittee in an enforcement action that it would have been necessary to halt or reduce
the permitted activity in order to maintain compliance with the condition of this individual permit.
3. B31assing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss oflife, personal injury or severe property damage; and
b. There u ere no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of
stonarwzter or =aintenance during normal periods of equipment downtime or dry weather. This condition is
not satisfied if adequate backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or
preventive maintenance; and
c. The pz-rinittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated
bypass after considering its adverse effects.
SECTION D: MO,YITORLtiG AND RECORDS
L Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the
pemritted discharge. Analytical sampling shall be performed during a representative storm event. Samples shallbe
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 uaste 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 aco to ursuant to the
requirements of this individual permit, the pemriit 11 0
a. - The date, exact place, and time of samp ' trremcnts, insps?or e activity;
b. The individual(s) who performed the , measpngerts ' on or enance activity;
C. The date(s) analyses were performed;
e. The individual(s) r methods used;- and U i MAN,GEME
e NT
. The analytical techniques
L The results of such analyses. C p,STA?
3. Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices
shall be selected and used to ensure the accuracy and reliability of mrasL ents 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 individual permit, all test procedures must produce minimum
detection and reporting levels and all data generated must be reported down to the minimum detection or lower
reporting level of the procedure.
Page 4 of 10
Permit NC0082295
April 6, 2005
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be
sampled, the permittee may petition the Director for representative outfall status. If it is established that the
stormwater discharges are substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stonnwater 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 individual permit for
a period of at least 5 years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director at any time. -
7. Inspection and Entrv
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 pernrittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must. be kept under the conditions of this
individual permit;
Inspect, at reasonable tines any facilities, equipment (including monitoring. and. control equipment),
--practices, or operations.regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance or as
- otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUEUMENTS
1. Discharge Monitorine geports
Samples analyzed in accordance with the terms o vision on Discharge
Monitoring Report forms provided by the Direc ec ion no later than 30
days from the date the facility receives the same ' results from the laboratory.
2. Submitting Reports Y
Duplicate signed copies of all reports d ere s
requireh OA Sh?PVto the fo g address:
?1`V
NC DENR / DWQ I Water ?L
?ua' ]ity AGEf IEN T
ATTENTION: Central Fries
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Availability of Reports
Excel 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 or in NCUS - or in Section 309 of the Federal Act.
0
Page 5 of 10
Permit NC0082295
April 6, 2005
4. ' on-Storm ater Diseharees
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater discharge,
the permittee shall separately monitor all parameters as required under the non-storiwater discharge permit and
provide this information with the stormwater discharge monitoring report.
5. Planned CbanQes
The permittee shall give notice to the Director as soon as possible of any planned changes at the pemriteed facility
which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes
poll=nts which are not specifically listed in the individual permit or subject to notification requirements under 40
GTR Part 122.42 (a).
6. Anticipated Noncompliance
The pert ittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility
which may result is noncompliance with the individual permit requirements.
7. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and affect of the bypass,
b. Unanticipated bypass. The peffiittee shall submit notice within 24 hours ofbecoming aware of an
unanticipated bypass.
8. Twenty-four Homy 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
perm ttee became aware of the circumstances. A written submission-shall also be provided. within 5 days of the time
-tae permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
r-- amp mGludin act ate and times, and thenonCOmplianC a-, not !! Corrected,-the- t ""RtM _
time compliance is expected to continue, and steps taken or planned to reduce, e t reoccurrence
of the noncompliance.
The Director may waive the written report on a case-b is ELI rt has been rec ve within 24
hours. y
9. Other Nonconmlianoe
The pennittee shall report all instances of noncompliance not d under?? ?trme
monitoring reports are submitted. CO ?S?U? ?1P? M P
10. Other Information
Where the permittce becomes aware that it famed to submit any relevant facts in an application for an individual
permit or in any report to the Director, it shall promptly submit such facts or information.
A. (5.) LIlI UMONS REOPENER
T inc?ivid mal ><emvt shall be modified or alternatively revoked and reL m%L to c y-.wr'tb any= licable effluent
guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the
Clean Water Act, if the effluent guideline or water quality standard so issued or approved-
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual permit; or
b. Controls any pollutant not limited in the individual permit.
The hxividual pernrrt as modified or reissued under this paragraph shall also contain any other requirements in the Act then
apph,aIe.
Page 6 of 10
Permit NC0082295
April 6, 2005
A.(6.) ADMINISTERING AND COMPLIANCE MONI'T'ORING FEE REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the
Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H.0105(b)(4) may cause this Division to
initiate action to revoke the Individual Permit.
A.-(7.) DEFINITIONS
1. 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 Discharces
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater
conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air-conditioner condensate without added chemicals,
springs, discharges of uncontaminated potable water, waterline and fire hydrant fleshings, 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.
_ i
5. Bypass
-bypassas-the1known-diversion-0fstormwater-fromany-portion-of"tormwater-control-facility-includinglhe -. _..
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 f'eamna'oteA single above ground storage
container having a capacity of greater than 660 gallons or with o? iners located in
close proximity to each other having a total combined storage t.i 32
7. Clean Water Act V ? .,?
The Federal Water Pollution Control Act, also known as the C ct (CWA), ts, mended, 33 USC 1251,
et. seq. D.1vaSlol
CO ;
AST,
8.' Division or DWQ
The Division of Water Quality, Department of Environment and Natural Resources.
9. Director
The Director of the Division of Water Quality, the permit issuing authority.
10. EMC
The North Carolina Environmental Management Commission.
11. Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively
monitored must be taken within the first 30 minutes of discharge.
Page 7 of 10
Permit NCO082295
April 6, 2005
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill .
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment
facility, a surf:ce impoundm=t, an injection well, a hazardous waste long-term storage facility or a surface storage
facilit-y-
14. Nfunicipal Separate Storm Sewer System
A sto=. ater collection system within an incorporated area of local self-government such as a city or town.
15. Overburden-
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or
sung u naturally-occurring surface materials that are not disturbed by mining operations.
16. Permittee
The owner or operator issued a permit pursuant to this individual permit.
17. Point Source Discharge of Stormkater
Any discernible, confined and discrete. conveyance including, but not specifically limited to, any pipe, ditch, channel,
tuun°1, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state.
18. 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 inches has occurred. A single storm event may contain up to 10 consecutive hours of no
przti^ipitation For example, if it lairs for 2 hours. without producing any.colIectable discharge, and then stops, a sample may
be collected if a rain producing a discharge begins again within the next 10 hours.
19. Representative Outfall Status
When it is established that the dis a of stormaater runoff from a single outfall is representative of the dischazges
at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allowsthe
permittee to perform analytical monitoring at a reduced number of outfalls.
20. Rinse Water Discharge _
The discharge ofrinse water firm equipment cl a opia c?w?ith`mdtal ti ty. Rinse waters from
vehicle and equipment cleaning areas are process a?ari ga iio include wash t utilizing any type of
detergent or cleaning agent
21. Secondary Containment
Spill containment for the contents of the single wi i? ? us sufficient freeboard
to allow for the 25-year, 24-hour storm event CQ ASTAL 1 1 p,N
22. 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 Superfimd Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-to-Know
Act o ;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
c. That meet at Least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table
III (certain nittahs, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous
substances);
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Page 8 of 10
Permit NC0082295
April 6, 2005
(2) Is listed as a hazardous substance pursuant to section 31l(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.
23. 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.
24. 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.
25. 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 11721) or section 102 of CERCLA (Refi 40 CFR
302.4).
26. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of
snowmelt.
27. 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 a ' sio. Facilities considered to be
..engaged in "industrial activities" include those.activities de 016does not
include discharges from facilities or activities excluded from DES p o ,?11?
28. Stormwater Pollution Prevention Plan 62006
A comprehensive site-specific plan which details measures and practices to reduce stomnwater il on and is based
i on an evaluation of the pollution potential of the site. C O D I V I S l p j\j OF
29. Ten Year Desio Storm ASTAL MAtVAGEMEMT
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.
30. Total Flow
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.
31. Total Maximum Daily Load (TIvIDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water
quality s , and ocation o t amount to the pollutant's sources. A TMDL is a detailed water quality
assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the
steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in
aff seasons. TU Clean a c section 303, s the water quality standards and TMDL programs.
Information about the NC TMDL Program and a list of approved TMDLs for the state of North Carolina can be
found at: http://h2o.eur.state.tx.us/tmdl/General-TMDLs.htni.
Page 9 of 10
Permit NC0082295
April 6, 2005
32. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
33. mt
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 ofpreventive maintenance, or careless or improper operation.
34. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport
deicing operations.
35. Vimble 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 xbich can be seen with the unaided eye.
36. 257year, 24 bour storm event
The rmxirmr m 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years.

1T ? ? 2L,1J?+ P
p?V?S?PNA EMS
GOAS' A M
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NPDES Permit Requirements
Page 1 of 16
0 - PART II.
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
nth
Samples are collected twice per month with at least ten calendar days between sampling events.
.3 Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act; also known as the Clean Water Act, as amended, 33 USC 1251, et seq.
Annual Averse
The arithmetic mean of all "daily'discharges" of a pollutant measured during the calendar year. In the case of fecal
cohform, the geometric mean of such discharges.
Arithmetip Mears
The summation of the individual values divided by the number of individual values.
B ass •. .
The known diversion of waste streams from any portion of a treatment facility including the collection system„ which
is not a designed or established or operating mode for the facility. :. ;
Calend?rgy.
The period from midnight cif' one day until midnight of then t y. Howev?q,:n ? s pe
rmit, any
consecutive 24-hour period that reasonably represents the cal y m /used for s. 7nT
Calendar Quarter 2006 - - One of the following distinct periods: January through Maazc&; 4W*d F* u September, and
October through December. A
q?EM?N
ComMsite Sample
A sample collected over. a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: -a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal vohune collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons -passing the samoiine
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
totalizer, and the preset gallon interval between. sample collection fixed at no greater than 1'/24 of the
exnected total daily flow at the treatment system, or
(4) - Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. This method may only be used in situations where effluent flow rates vary
less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart
during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method
requires prior approgal by the Director.
Version 6/20/2003
NPDES Permit Requirements
Page 2 of 16
In accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be'collected more than once per hour except at wastewater treatment systems
having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at
intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the
system in number of days. However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four during a 24-hour sampling period.
Continuous flow measurement
Floww monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent tunes when there may be no flow or for infrequent maintenance
activities on the flow device
Daily Disgh=
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" comentration comprises the mean
.concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean. of all
grab samples collected during that period (40 CFR 122.3)
Datl:bfa dmurr •
The highest "daily discharge" during the calendar month.
Dal SamphEg
Parameters requiring daily sampling shall be sampled- 5 out of every 7 days per week unless otherwise specified in the
permit The Division expects that sampling shall be conducted on weekdays except where holidays.or.other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or "the Division"
-TheDivision-of Quality, Deparauen o Fi=onment and a ourcei.
•
EMC
The North Carolina Environmental Management Commission.
Facility Closure - .ts
The -cessation of wastewater treatment at a perraitted fa or the cessation of "-u t require coverage.
under the NPDES. Completion of facility, closure Will all pj=it tt bj JZUkded.
Geometric Mean J t
The Nth root of the product of the individual values where N = ?Wr.>?vilf vvalues. For purposes of
calculating the geometric mean, values of " 0" (or [dete4 AvW s l be .considered = L .
Grab Sample -
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab- samples must be representative of the discharge (or the receiving stream, for instream
les _
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the dean Water Act
Instzntarieous flowmeasurement
A measure of flow taken at the time of sampling, when both the sample and flow will. be representative of the total
dnscha:g?
VersiM &2=OX
NPDES Permit Requirements
P2ge 3 of 16
YYaonthly AveraggSconcentration limit
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.

Pen-nit Issuing Authori ty
The Director of the Division of Water Quality.
Quarter! Average !concentration limit)
The average of all samples taken over a calendar quarter.
Severe pr== damage
Substantial physical damage to property, damage to the treatment 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 excludes economic loss caused by delays in production.
Toxic Pollutant.
Any pollutant listed as toxic under Section 307(a)(i) of the Clean Water Act.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational' error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekl, Average (I:Qncentration limit!
The arithmetic mean of all "daily discharges" of a
coliform, the geometric mean of such-discharges.
ctiori B-Gemai-Conditions--
1.
The Pemsittee must comply with all condidons`bt?sT' L'u"ll??.
of the Clean Water Act and is grounds for enforcement ac o A
or modification; or denial of a permit renewal application [40 CFR 1
once constitutes a violation
revocation and reissuance,
a.
i
The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for tonic pollutants and with standards for sewage sludge use or disposal established under
section 405(4) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to-incorporate me requirement,.
b.. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308; 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in_a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(6)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
G The Clean Water Act provides that any person who ne8ligentfy violates sections 301, 302; 306, 307, 308, 318, or
sec-dons 405 of the Act, or any condidon or lbrdmdon finplemendag any of such a
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(x)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation; a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both [40 CFR 12241 (a) (2)]
In the case of fecal
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d. Any person who krvrzngfj- violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[40 CFR 122 41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308; 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An ora nization, as defined in section 309(c)(3)(B)(1) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 12241 (a) (2)]
£ Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. - Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, .307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II-violations are not to exceed $10,000 per.day for each- day during which the' '
-violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR
12241 (a) (3)]
2. Duty to 1,4 to _
T-he-Permittee-shall-Wmk -A-reasonable-steps r nrmize or prevent any charge o? i sludge use or disposal in --
violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment
[40 CI-7R 12222.41 (d)].
3. Civil and Ctiminal Liabililrv : 11?
Except as provided in permit conArt C. 4 , e&I art II. G'5) and "Power
Failures' art II. C- ' 9M b )
(P 7), nothing in etit? ?shall be con trued eve the Permittee from any
zespoasibilities, }iabilities, or penalties for compliant uiu? NC 3-ZI53,143-215.6 or. Section 309
of the Federal Act, 33 USC 1319. Furth the ii is res o 'bIpsi for consequential-damages, such as
fish kills, even though the responsibility for a co ,p1}aa?t yTbTj o ly suspended.
4. Oil and Hazardous Substance Liability p?S? ?VV?i1 `?M RN ?` ??GG ???? ??'"'
Nothing in this permit shall be construed to Qlide 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-
21175 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages; such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Prop= Ri hts
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor
any in fnagement of Federal, State or local laws or regulations [40 CFR 12241 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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•
•
7. Seveerabili
ty
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde
of this permit, shall not be affected thereby [NCGS 150B-23]. _
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 12241 (h)].
9. Duty_ to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. 1?xpmtion of Perrai
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Penmittee shall submit such information, 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 at least 180 days prior to expiration, or any Pernittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seg.
11.' Signatory RoDg men
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed add'cettified
[40 CFR 12241 (k)].
.a.
All permit applications shall be signed as follows:
For a corporation: by a responsible corporate offic For the" f tion, a responsible
..corporate of cerfi means: (a)a pr ent, secre ureJr??99,,r,,vice press t oration in
charge of a principal business function, or any oilier erson ?5t1fm rnns s' o or decision
.snaking functions for the corporation, or (b) the o? e or m n ufa production, or
operating facilities, provided, the manager.is autho?pdlk ent decisi ch govern the
operation of the regulated facility including having the eq) 66 o major capital
investment recommendations, and initiating and directing other com a measures to assure long
term environmental compliance with. environmental, laws and regulations; can ensure that
the necessary systems are established or actions taken to gather.complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
'(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
.(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 1=24.
b._ All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if
1. The authorization is made in writing by a person described above;
2 The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facngityor activity such as the position of plant manager operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position); and
3..: The written authorization is submitted to the Permit. Issuing Authority 140 CFR 12222]
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c Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 12222]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall snake the
following certification [40 CFR 122.22]:
7 ce*,, under penalty of law, that this document and all attachments were prepared under my direcction 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 orpersons who manage the system, or those persons
&eCtty responsible for gathering the information; the information submftted is, to the best of my knowledge and
befret true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
idudng the possib!4 of fines and imprisonment for k nmving violations. `
12 PermitActions
This permit may be modified, revoked and reissued, or terminated for cause. The fling of a request by the
Permittee for a permit, modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)J. -
13: Permit Modification. Revocation and Reissuance_ or Te_rmirvition
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-2151 et. A
14. Annual Administering and Compliance Monitoring Fee Rec i_rPmrnts
The Pernittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pap the fee in a timely manner in accordance with 15A NCAC 2H.0105
_ may reuse this Div onto initiate a on to revoke the permit.
Section C. - Operation and Maintenance of pollution
1. C Wfied Operator F
Upon classification of the permitted factli y the c? dN*mmiss the Permitter shall employ a
certified water pollution control treatment op? responsible urge (ORC) of the water pollution
control-treatment system Such operator m Id a cer`r t )tqf QF ent to or g
reater than the
dassifrcation assigned to the water pollution conn=c
ation Carnmission The
a? n
Peimittee must also employ one or more ttA be o Possess a ctutrentiY valid certi&cate of the
type of the system Back-up ORCs must pons a graequal to (or no more than one grade less share) the grade
of the system, [15A NCAC 8G.0201].
The ORC of each Class I facility must-
> Visit the facility at least weekly
> r'r,=Qly Q•ir1, An .,r » couditiatus sf?SA NGA(;80.0284
The ORC of each Class II, III and IV facility must:
7 Visit the facility at least daily, excluding weekends and holidays
D Properly manage and document daily operation and maintenance of the facility
> Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Petmittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into anew system
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- b. 'thin 120 calendar days of-
> Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
A vacancy in the position of ORC or back-up ORC.
2 Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all tunes properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Petmittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122-41 (e)].
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]•
4. sing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 12241 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not'subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 12241 (m)' (3)]
(1) Anticipated bypass. If the Pertnitt dva_ nce of the need for a bypass, it shall submit prior
notice, if possible atIeast ten da fo e the bypass; including as evaluation of the
anticipated quality and effect of the
'•. . Inl TT--_._.: _'-_?_? L-_ ___ .T+1 T • 1 1f • • • • 1'.- Tl-
II. E. 6. (24-hour notice). v LY ?(J/V
c. Prohibition of Bypass CO'J S / V/S/
(i) Bypass from the treatment facility is'pro r&ICQ„ l?mit g Authority may take enforcement
action against a Permittee for bypass, unless: /? ?V/A G?
(A) Bypass was unavoidable to prevent loss of life,.personal snsevere property damage;.
(B) There were no feasible alternatives to the bypass, such as the•use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backno' equipment should have been installed in the exercise of
reasonable engineering judgment 'to'prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
. the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
' S.
a. Effect of an upset [40 CFR 12241 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition aremet No determination made during admuustrative review of claims that
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noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: A Permittee who wishes to • establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Peunittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit
(4) The Permittee complied with any remedial measures required under Part H. B. 2 of this permit
d. Burden of proof [40 CFR 12241 (n) (4)1: The Pennittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all eznting Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permitt= shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal- practices.
7. Poker Failures
- The Permittee is responsible for ma,iintaiaing_ adequate safeguards (as- required by 15A NCAC 2H.O124 -
Rrl;nbM icy) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures
*d= by means of alternate power sources, standby generators or retention of inadequately treated effluent ...... Section D. Monitoring and Records
L Representative Sampling
Samples collected and measurements taken, as required her c of the volume and nature of
the permitted discharge Samples collected on a day and time that is
c h2 r2cteristic of the discharge over. the en ' ample represents, amples shall be taken at the
monitoring points specified in this permit an ess otherwise d, e e effluent joins or is diluted
by any other wastestream, body of water, bstanl l?f?g pain shall not be changed without
notification to and the approval of the Permit I Authority2 41
2 R ortin p?V `??? E???T .
2
L
Monitoring results obtained during the previous t? s shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, .2, 3) or alternative forms approved by the
Director, postmarked no later than the 28th day following the completed reporting period
The first D11iR is due on the last day of the month following the issuance of the permit or in the case of a new
-facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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3. Flow Measurements
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. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
.with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
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(8), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in
the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise speeified_ in 40 CFR 503, unless
other test procedures have been specified in this permit [40 CFR 12241].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible. detection and reporting level) approved method must
be used
5: Penalties for Tamper=
u' g ?j?j
The Clean Water Act provides tha n gtb l3k Nee: tamUers with, or knowinaiY renders inaccurate, anv
monitoring device or method 2?on o be main t shall, upon conviction, be punished by
a fine of not more than lademore than two years per violation, or
by both If a cvion a or a t conviction of such person under this
paragraph, phment is fin aor by imprisonment of not more
.:than 4 years, or both [40
„ MgNq O? - -
6. Records Retention
Except for records of monitoring information required by this rmit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or-longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
? all calibration and maintenance records
? all original strip chart recordings for continuous monitoring instrumentation
? copies of all reports required by this permit
? copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
- ?-r(11
7. Recor&Z Results
Fnr each weaen-t ar s=ple t* = tint u nr to the-
the following information [40 CFR 122.41]: v
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. - The individual(s) who performed the analyses;
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e. The analytical techniques or methods used; and
f. The results of such analyses.
8 Inspection and EntU
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility, or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
Permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances. or parameters at any location [40 CFR 12241 n].
SectionE Reporting Recluirements
I- Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit The discharge
of any pollutant identified in this permit more frequently than or. at a level in excess.of that authorized shall
constitute a violation of the permit
I Planned Chges
The Permittee shall give notice to the Director as soon as possible of any planned -physical alterations or
additions to the permitted facility [40 CFR 12241 (I)]. Notice is required only when:
a The alteration- or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
12224 (b); or _
The-alt6n-or-atilt ::could stgtu can change tie nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, not to
notification requirements under 40 CFR 12242 (a) (n.
c The alteration or addition results in a significant than m 7?J gdi r disposal practices,
and such alternation, addition or change may jus 61Nic a f ns tha t are dif#erent
from or absent is the esis ring permit; mduding ca 2,, ttouse or al sites not reported
during the permit application process or not repo ursuant to an 6ap
????ed Ian cation plan.
JUN i
3. Anticipated Noncompliance
The Permittee shall give advance-notice to•the Director of anypBWck *E?itted facility or other
aCti itieS that might result in noncompliance with the pe&AITA ,1
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (I) (3)J.
oruLor= eports
Monitoring results shall be reported at the intervals specified elsewhere in this pemmit [40 CFR 12241 (1) (4)J_
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitaring shall be included in the calculation and reporting of the data submitted on the DMR.
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6. Twenty-four Flour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment, Any information shall be provided orally within 24
hours from the time the Perm ittee became aware of the circumstances. A written submission shall also be
j provided within 5 days of the time the Pemtittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122-410) (6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported-under Part U. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.410 (7)].
8. Other Infoimation
Where the Permittee becomes aware that it faired to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information 140 CFR 122-410) (8)].
9. Noncompliance Ntificadgn
The Permittee shall report by telephone to either the c U fice or the appropriate regional office of the
Division as._soon as pQSsible, but in no caste more than &
_ or_on the nex wo gs&y followingAe_
.,occurrence or first knowledge of the occurrence of any of o
a. 'Any occurrence at the water pollution control facili .6 alts ine saz ficant amounts of
wastes which = abnormal-in=quantity or charact suM?? ?''e damping atents of a sludge
digester, the known passage: of a slug of us subgpnce thi e factTi any other unusual
diai
circumstances. ' ` O,q S TU! V/3
b. Any process unit failure, due to known or unknown reaSii ?tcompressors, ? ? e f capable of adequate
wastewater treatment such as mechanical or electrical failures of ptpressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resultln ass directly to receiving
waters without treatment of all or any portion of the influent to such station Persons reporting such occurrences by. telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
-10. Availabilitz of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a) (2) or Section 308 of the Federal Act, 33
rerr '13'1.-- 8T , all-r p __!A'thE.f'C_'n1S-SI'faH'b .1 1 r -1
of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of admiral penalties as
Provided for in 1 TCGS 1d, Y-M 1 (b)R ' Q€6? -309 off-he-I C-deral Ac
T IL T 9: ??
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, he punished by a fine of
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not more than $23,000 per violation, or by imprisonment for not more than two years per violation, or by both
[40 CFR 12..E 41].
12. Annu3l Performance Reports
Pcmmittem who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.10.
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
viiich annual period is used for evaluation.
PART III
OTHER REQUIREMENTS
Section A. Construction
The Pemmittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtQ'permit Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
Ile Pessnittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater
monitoring as may be reyuired.to determine the compliance of this NPDES permitted facility with the current
- groundwater standards.
Section G Changes in Discharges of Toxic Substances
The Permitree shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a-?haany aciiviry lag occurred or w1U occur w -'ch would result m the discharge, on a routine or ffrequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels°;
(I) One hundred micrograts per liter 000 pg/L);
(2)e
hundred micrograms per liter (2W pg/L) f Z acrylonkrile; five ed mi s
crogxam
per liter (SW pg/L) for 2.4-dinitrophenol and for iyl 6--di ttr?p}tF,?y?l; and a per liter
0 mg/L) for antimony; b [UUo
(3) Five times the maximum concentration value repo r that pollutant iri th ermit application.
DIVISION ?IVIENT
b. TThit any activity has occurred or will occur which on a non-routine 'or
infrequent basis, of a toxic pollutant which is not limited inthe permit; if that discharge will exceed the
highest of the following "notification levels";
(I} Five hundred micrograms per liter (500 pg/L);
(2) One milligram per liter 0 mg/L).for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater DischargeAlternativ?s
The Pctmittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
ait=nwi a of the reasonably cost effective alteratives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E Facility Closur-6 Requirements
The Pemmittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
Version 612012003
NPDES Permit Requirements
Page 13 of ] 6
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
j continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES
Section A. Publicly Qgmed Treatment Works (1'OTWs)
All POTWs must provide adequate notice to the Director of the following
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section l-Mu nicival Control of Po lutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit: Other pollutants attributable to inputs from
industries using the "municipal system may be present in the Petmittee`s discharge. At such time as
:sufficient information becomes available to establish limitations for such pollutants, this permit may be
revised to specify effluent limitations for any. or all of such other pollutants din accordance with best
practicable technology or water quality standards.
2. Under no circumstances shall-the -Pernittee
treatment system:
ine wastes -in the waste
wastestxeams with a closed cup flashpotn"? V less' f 1 0 degrees t or 60 degrees
Centigrade using the test methods spedfi to 40 C 261.21,,
b. Pollutants which will cause corrosive stz e POTW, b no case Discharges
with pH lower than 5.0, unless the works is specify e tEcco to such Discharges;
c..: Solid or-viscous pollutants- in amounts which will cause Qn to the flow. in, the POTW
resulting is Interference; FN
A Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
C. Heat in amounts which will inhtbit biological activity in the POTW resulting in Interference, but in
no case-'heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
E Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which'result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity, that may cause acute worker health and safety problems;
IL Any trucked.or hauled pollutants, except at discharge points designated by the POTW.
3. With' regard to the effluent requirements listed in Part I of this permit, it may be necessary for the
Pemmittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure compliance the Permittee with all applicable effluent limitations Such actions by the Pemrittee
may be necessary regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
Version 6120003
NPDES Permit Requirements
Page 14 of 16
Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or m include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b) (8) of the Clean Water Act and implementing regulations 40
-CFR Part 403, North Carolina General Statute 143-2153 (14) and implementing regulations I5A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act,- the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions 'contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements
1. Sewer Use Ordinance (SUO)
The Pemuttce shall maintain adequate legal authority to implement its approved pretreatment program
2 Industrial Waste Survey OM
The Permittee shall update its Industrial Waste Survey (IWS) "to include all users of the sewer collection
-system at least once every five years.
11
3. Monitoring Plan -
The Pe=ttee shall implcm=t a Division approved Monitoring Plan for the collection of facility specific
tam icr-trot plant H-dworks (HWA) or ffie-&-veloii6int of
specific pretreatment local limits., Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.5.).
4. Headworks Analysis (HWAI and Local Limits
The Perrnittee shall obtain Division approval of a Id
fears, and as required by the Division. Within 180
.subsequent permit modification) the Permittee shall si
of the need to ievise local limits (t.c., an updated HW.
CFR 122421. The Permittee shall develop, in accordu
specific Local Limits to implement the prohibitions lis
-:0909.
? ? ?[) 41 t cc every five
'2?ie e e date of t (or any
t to the Divisio tten t cal evaluation
doazrd?y. one of needed) [40
40 CFR 403.5 c 5A NCAC 2H -.0909,
40 CCf%NOV ? (@?.R b NCAC 2H
COX; TAB M
5. Industrial User Pretreatment Per nits aM & Allocation Tables
In accordance with NCGS 143-215.1, the Petmittee shall issue to all significant industrial users, permits for
- operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, -sampling protocols reporting requirements aop p ate standard end snecinl
ons, an Edffpffimi ce schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the -treatment capacity of the POTW as
determined by the HWA.
•
Version 612012003
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Form DCM-MP-1
•
1. APPLICANT See Section 1a
(To be completed by all applicants)
a. Landowner:
Name Fortron Industries, LLC
Address PO Box 327, or 4600 Highway 421 North
City Wilmington State NC
Zip 28402 Day Phone [phone]
Fax
m.,0.
I
ts-I
O I
EV 0
APPLICATIOl?
b. Authorized Agent:
I Name Steve Ridge, Vice President of Operations and Site Manager a.
• Address 4600 Highway 421 North
City Wilmington State NC
Zip 28402
j Fax [phone]
t
C.?
b. City, town, community or landmark
Cape Fear Township
c. Street address or secondary road number
4600 Highway 421 North
d. Is proposed work within city limits or planning
jurisdiction? Yes X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Cape Fear River and Northeast
ape ear River
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT see section 3a
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
.Development activities include the installation of a new _
effluent line and diffuser structure, along with structures
necessary for support them. -
"(For additional information See Attached Section 3)
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work and
maintenance of existing
catwalk
the project be for public, private or commercial
(Man ufacturing )
o son n ustnes, Diffuser Site G've a bn f?d?e purpose, use, methods of
ion and perations of proposed
NOTE: Pernct will be issued in name of kmdowner(s), and/or C0 rooect. re Sp e s needed, please attach
project name. '9 S Tq ??P p"
r is ing their WWTP and a new _
effluent I iffuser structure are necessary to _
handle the inc ischarge
2. LOCATION OF PROPOSED (For additional inform iin See Attached Section 3)
c. Project name (if any) DB6 Expansion Proiect,
F rt 1 d
PROJECT
See Section 2a
a. County New Hanover lr7 [--p 1 `
JUN 'i? Z(liic
Day Phone [phone]
Revised 03/95
Form DCM-MP-1
•
4. LAND AND WATER
CHARACTERISTICS See Section 4a
•
•
a. Size of entire tract Project site will be < 3.0 acres
b. Size of individual lot(s) N/A
C. Approximate elevation of tract above MHW or
NWL _Approximately 1-2 feet
d. Soil type(s) and texture(s) of tract
Dorovan Soils
e. Vegetation on tract Bald Cypress, Red Maple, Sweetgum,
Swamp Gum, Green Ash
f. Man-made features now on tract Catwalk for support
of existing effluent pipelines, effluent discharge line into river
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local rand use plan.)
X Conservation X Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
1-2, Industrial
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning con pliance certificate, if applicable)
l Has a professional
done for the tract?
If yes, by whom?.
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
j Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other
If yes, has a delineation been conducted? X
(Attach documentation, if available)
Revised 03/95
m. Describe existing wastewater treatment facilities.
(See Attached Section 4)
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
Industrial Effluent to Cape Fear River
Stormwater to the Northeast Cape Fear River
o. Describe existing drinking water supply source.
Fortron Industries receives their water supply
from the the Lower Cape Fear River Water
Authority.
5. ADDITIONAL INFORMATION See Section 5a
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
S to
u r a
Pded Idesc iack
u? 1.1Y 1?
P e r'f4t1 a b are preferred and
?Cp?1 kT _qualif? es will a ccepted. Blue-line
plu (3 1 ger plats a cceptable only if an
adequat $ M 46?qual' pies are provided by
applicant. the S. Army Corps of
Engineers regarding -agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-MP-1
• site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
•
•
• A Stormwater Certification, if one is necessary
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name Progress Energy, c/o Mike McIntyre
Address PO Box 1551, PCB 3A, Raleigh, NC 27602
Phone [phone]

Name B.B. Cameron
Address PO Box 3649, Wilmington, NC 28046
Phone
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
NPDES Permit, N00082295, April 6, 2005
New Hanover County Permit for Land
Disturbing Activites 34-92 March 23. 2006
See Attached for additional information, Section 5a
• A check for $250 made payable to the Department of
'Environment, Health, and Natural Resources
;(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas. N/A
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. N/A
Revised 03195
TO ENTER ON LAND See Section 6a
I understand that any permit issued in response to this
application will allow only the development described in
the application. 'Ile project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of J"-Y4
Fortron Industries, LLC
Print Name Steve Ridge, VP of Operations & Site Manager
Signature
landowner or Authorized Agent
Please i to attachments pertaining to your proposed
project.
X MP- v d Fill Information
_ W / Up at;<d VA, Fa pri x DCM M`P4 /Structures I n
NO -5 and P4/0-Min Dev M,q of
NOTE: Please stiff? date tachment In the
space provided' I ttom of each form.
Form DCM-MP-2
• EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Mud
Existiog Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
• Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
•
1. EXCAVATION see section 1 b
a. Amount of material to be excavated from below
MHW or NWL in cubic yards None
b. Type of material to be excavated None
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Highground excavation in cubic yards o
2. DISPOSAL OF EXCAVATED
MATERIAL See Section 2b
a. Location of disposal area N/A
b. D
N/A
c. Do ou claim476 tp isposal
Yom/ 0
If no, t't??ran?ng ;eon from the
owner. 9 O
d. Will a disposal area ?d'/ot?lable for future
maintenance? Yes o N/A
If yes, where?
Revised 0195
Form DCM-MP-2
. e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
If yes,
(1) Amount of material to be placed in the
water N/A
(2) Dimensions of fill area N/A
(3) Purpose of fill
3. SHORELINE STABILIZATION N/A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area N/A
(2) Purpose of fill
c. Average distance waterward of MHW or NWL
5. GENERAL See Section 5b
d. Maximum distance waterward of MHW or NWL
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled?
Construction materials will stored either in upland areas
• (Source of informodon) or on the barge that will be used to install the diffuser. _
f. Type of bulkhead or riprap material'
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards to be placed below dredge)?
water level Bar e
(1) Riprap
(2) Bulkhead backfill
c. Will ds be transporting equipment
h. Type of fill material to p site) X No
Ifdes, explaI14 s tha 1 taken to lessen
Jp?

i.
Source of fill material env'impacA
When ps'

Lunt pip I be Carr' d _
V
bl
assem
ed b h i i4i and area an m will be
used for any equiwln r g in I areas. _

Fortron Industries, LLC
F
Steve Ridge
VP of Operations I e Mana
er
4. OTHER FILL ACTIVITIES ,
g
(Excluding Shoreline Stabilization) See Section 4b Applicant r Project Name

Signature

a.
Will fill material be brought to site?
15
1
Yes No

Revised 03/95
Form DCM-MP 4
• STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community _ Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes No
(i) Number
(ii) Length
• (iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. (Groin (e.g. wood, sheetpile, etc.)
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
•
See Section 1c
e. Mooring buoys
(1) _ Commercial -Community - Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shoreline
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) _ Commercial -Community X Private
(2) Number 2 to 5 pilings
(3) Length
(4) Width
g. Other (Give complete description)
Steel catwalk to elevate 3 separate effluent lines above
ground surface
See drawings in Appendix G, for proposed plan and section
view.
Fortron In t s LLC
Steve Ri P 2rations & Site Manager
!6,
Date r<
F?
Revised 03/95

SAO PREPARED BY:
}j17
PAGE
0810
CARR, SWAILS, HUFFINE & CROUCH
202 North Third Street BOOK
Post Office Box 4
Wilmington, North Carolina 28402 16 5 9
[phone]
STATE OF NORTH CAROLINA )
WARRANTY DEED
COUNTY OF NEW HANOVER )

, 19 y3,
THIS INDENTURE, Made this .10k day of 4Q,."(
by and between CAPE INDUSTRIES, A NORTH CAROLINA GENERAL
PARTNERSHIP by and between NCT CORPORATION, a Delaware
Corporation and PFS CORPORATION, a Delaware
corporation, party of the first part, and FORTRON INDUSTRIES, a
North Carolina General Partnership, by and between HCC FORTRON,
INC., a Delaware corporation and KUREHA KPS, INC., a
Delaware corporation, party of the second part.
?Y., 4),'1,,., 4-. N:C..19.40.2 - OIJ7 _
000149 W Z T P1 S S S S T $:
THAT, the said party of the first part, for and in
consideration of the sum of TEN ($10.00) DOLLARS, and other
valuable considerations, to it in hand paid by the said party of
the second part, the receipt whereof is hereby acknowledged, has
given, granted, bargained and sold, aliened, conveyed and
confirmed, and by these presents does give, grant, bargain and
sell, alien, convey and confirm unto the said party of second
part, and its successors and assigns, forever, that c ct,
piece, parcel or lot of land, situate, lying a ing in t e?
State of North Carolina and ar Iar1LY? ?<.
County of New Hanover, C10 P .1(
described on Exhibit A, attached hereto and ?ated/,%
reference herein together with the following easements.zAb? C) 0le6
1. Together with and subject to a non-exclusive easem(t
ingress and egress in, to and over that 30 foot ac C
13?
easement encompassing Alpha Street and adjoining that proper
described on Exhibit A and more particularly described on
Exhibit B, attached hereto and incorporated by reference T
herein.
2. Together with a parking access easement containing 3.183
ar--- and being more specifically described on Exhibit C,
attached hereto and incorporated by reference herein.
3. Together with a 60 foot easement for ingress and egress
over that strip or parcel of land described on Exhibit D,
attached hereto and incorporated by reference herein.
i
RETU!1NEDTO ? ? c
1659 0811
4. Together with and subject to a non-exclusive easement for
ingress and egress for rail traffic along existing railroad
lines, the centerlines of which are described on Exhibit E,
attached hereto and incorporated by reference herein.
5. Together with a utility easement over tracts and parcels
of land more specifically described on Exhibit F, attached
hereto and incorporated by reference herein.
5. Together with and subject to a drainage and storm sewer
easement over that tract or parcel of land described on
Exhibit G, attached hereto and incorporated by reference
herein-
-7eserving, specifically however, unto the party of the first
part, its successors and assigns, the following non-exclusive
easements:
1. An easement for ingress and egress over that tract or
parcel of land described in Exhibit B, attached hereto and
incorporated by reference herein.
2. An easement for ingress and egress for rail service in and
over those tracts and parcels of land described in Exhibit
H, attached hereto and incorporated by reference herein
together with the right to perform maintenance to said
tracks.
3. An easement for the construction, repair and maintenance of
drainage and storm sewer facilities within the easement
described in Exhibit G, attached hereto and incorporated by
reference herein.
All ease=ments granted or retained herein may be subject to
agreements between the parties relating to the use and maintenance
of the respective easements.
Together with all and singular the tenements, easements,
hereditaments and appurtenances unto the same belonging, or in
anywise appertaining.
TO HAVE AND TO HOLD the above granted and described premises,
with the appurtenances, unto the said party of the second part, its
heirs and assigns, to its own proper use and behoof; subject,
however, to those permitted exceptions shown on Exhibit I, attached
hereto and incorporated by reference herein.
And the said party of the first part, for itself, its
successors ar-d assigns, does covenant, promise and agree to and
with the said party of the second part, its successors and assigns,
that it is lawfully seized in fee of the above granted and
described premises; that it has good right to sell and convey the
sa=m=e in fee simple; that the same are free and clear of all liens
and encu=mbrances of every kind, except those noted above; and that
BOOK PAGE
1.659 0812
it will, and its successors and assigns shall warrant and defend
the same against the lawful claims and demands of any and all
persons whomsoever.
IN TESTIMONY WHEREOF, the party of the first part has caused
this instrument to be executed by its General Partner, all the day
and year first above written.
II C tw .` CAPE INDUSTRIES, a North Carolina
iy N C O
General. Partnership
1- v v
" s,9P ec
BY: NCT Corporation
(GENERAL PARTNER)
Li
By: ?.c
`r ,Ci:_ President
J.
;.Secretary
.4orporate Seal)
BY: PFS Corporation
(GENERAL PAART/N/ER)
4
By:. •?`
l , President
yS
ecreta '4i ,t?,Clt
l (Corporate Seal)
STATE OF r+1: ?1 ?N??r Ii ?a j
r
COUNTY OF
I, ?T t?F Rev a Notary Public in and
for the State of Air.+T County of Astii k»w r'r-z do
hereby certify that 1 e t
personally appeared before me this day a d acknowledged tha s e
is tlss: siP,v f Secretary of NCT CORPORATION, General Partne
INDUSTRIES and that by the authority duly given and as a
the corporation, the foregoing instrument was signed i name
its 'icF - President, sealed with its corporate seal, tteste
by himself/ herself as its i1Ss:r?A,rr Secretary, CO ???
witness my h9and3and official seal, this the E 6, 1 1.
Fl?'R:? ?r q d
' Las/ aF ,
_ U\ (s-t ry ?l a a ?'? O
Notary Public
My Commission Expires:
Apo, S ,X99 s' ??ti
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i OTA R j' # NEW NANovrp CO
rn : r PS-2h-o
s ??.nU Dt-,Cr;? v"?J
STATE OF_oE+
t,_, NOR H
I OSOUNA
Real Estate
Excise Tax
1 YJ'
BOOK PAGE
1659
? STATE OF A IC,! 0813
COUNTY OF T?fi,_ ?'+ rrF? )
I, C-1 U f x y a Notary Public in and
for the State of 10a ts N.t. .n» County of MIA!Svrr r ,
_ ? :.,r1 L ra:?
do hereby certify that J3 1-
personally appeared before me this day aild acknowledged that
he/she is ;Mi s1.4-f Secretary of PFS CORPORATION, General Partner of
CAPE INDUSTRIES and that by the authority duly given and as the act
of the corporation, the foregoing instrument was signed in its name
by its ViCf President, sealed with its corporate seal, and
attested by himself/ herself as its daLLr^.1r-Secretary.
Witness my har?,d and official seal, this the ,4 day of
1 14'773
Q4A1.`'
Notary Public
My ccnTissVn Expires:
{T". } b, ,95 s
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STATE OF NORTH CAROLINA
New Hanover County
The Fusegoing/ Annexed Caslf3ate(s) of
on 1-T)
Notary Q+I.'I.) PubHe L 'A.
wed
to be oweet.
This the daynC- - CAPAa 19.tJ
Marys O. ee of deeds
Deputy/A-&-it
- HANOVER DESIGN SERVICES, P.A.
-The Cotton Exchange
i set N. Front Sneer BOOK PSG E
wftu roa KC: 2MI
Phone (919) W ,8W21 6 5 9 0 819
Exhibit A
November 17, 1992
RE: DEED DESCRIPTION FOR HOECHST CELANESE / KUREHA
A certain tract or parcel of land lying and being in Cape Fear Township, New Hanover
County, North Carolina, and being a part of the Cape Industries land as described in deed
book 1293 page 399, Records of New Hanover County, North Carolina and being more
particularly described as follows:
•
Beginning on an iron having a North Carolina Grid coordinate of N= 207,625.153 ft, E_
2,307,852.214 ft., said iron being located the following bearings and distances from a
concrete monument located on the eastem right-of-way of U.S. 421 (150 fr. right-of-way)
at the intersection of said righr-of-way with the southern property line of the aforesaid
Cape Industries land as recorded in deed book 1293 page 399, N 00-00-07 W 7562.21 feet
with the eastern right-of-wav of U.S. 421 to a. railroad spike on said right-of-way, thence
leaving said right-of-way S 89-55-42 E 2026.44 feet to a railroad spike in pavement, thence
due south 15.00 feet to the point of beginning:
Proceed from said beginning point due north 755.00 feet to an iron, thence due east
805.00 feet to an iron thence due south 755.00 feet to a railroad spike in pavement,
thence due. west 805.00 feet to the point of beginning and containing 13.9526 acres
together with and subject to access, railway, and utility easements as shown on a map
prepared by Hanover Design Services, P.A., dated August 28, 1992 and entitled map for
Hoechst Celanese/ Kureha (PPS Manufacturing Facility).
All bearings are relative to plant north. Plant due north is relative to N 32.46-44 W N.-D,
1983.
CAR
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Greg A. Wayne RLS L-2876
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BOOK PAGE
1659 085
x Exhibit B
to Warranty Deed from
Cape Industries to Fortron Industries
30 Foot Access Easement
Beginning at a railroad spike in the eastern line of U.S.
Highway 421 (150 foot right of way), said spike being located
North 00 degrees 00 minutes 07 seconds West 7532.21 feet from
a concrete monument in the eastern line of said right of way
at its intersection with the southern line of the Cape
Industries tract, said point of beginning also being located
North 02 degrees 59 minutes 19 seconds East 2851.16 feet from
11. C. Grid Monument "Fina" (N.A.D. 1983 Coordinate
N=204,043.186, E=2,307,571.736); running thence fzvm said
point of beginning South 89 degrees 55 minutes 42 seconds East
2026.42 feet; thence North 90 degrees 00 minutes 00 seconds
East 820.01 feet to a point; thence North 00 degrees 00
minutes 00 seconds East 785.00 feet; running thence North 90
degrees 00 minutes 00 seconds West 720.14 feet to a point;
running thence South 00 degrees 00 minutes 00 seconds West
15.00 feet to a point in the Northern line of that tract
described on Exhibit A of this deed; thence North 90 degrees
00 minutes 00 seconds West with and along said northern line
99.86 feet to an iron spike having Plant Coordinates of
N=14215.00 degrees, E=4090.00 degrees; thence South 00 degrees
00 minutes 00 seconds East 15.00 feet to a point; thence South
90 degrees 00 minutes 00 seconds East 790.00 feet to a point;
running thence South 00 degrees 00 minutes 00 seconds East
725.00 feet to a point; thence North 90 degrees 00 minutes 00
seconds West 790.00 feet; thence North 89 degrees 55 minutes
42 seconds West 2026.44 feet to the eastern right-of-way line
of U.S. Highway 421; running thence with and along the eastern
right-of-way line of said highway South 00 degrees 00 minutes
07 seconds East 30.00 feet to the point of beginning all as
shown on a plat prepared by Hanover Design Services, P.A „
dated January 18, 1993 for Fortron Industries. All bearings
are relative to Plant North. Plant due north is relative to
North 32 degrees 46 minutes 44 seconds West (N.A.D. 1983)
0 .
BOOK
PAGE
1659 0816
a Exhibit C
r to Warranty Deed from Cape Industries
to Fortron Industries
Parking Access Easement
Beginning at an iron spike located at the northwest corner of
that tract or parcel of land described on Exhibit A to this
deed, said beginning point having Plant Coordinates of
N=14215.00 degrees E=4090.00 degrees, running thence from said
point of beginning South 90 degrees 00 minutes 00 seconds East
99.86 feet; running thence North 00 degrees 00 minutes 00
seconds East 283.72 feet;. running thence North 90 degrees 00
minutes 00 seconds West 439.96 feet; running thence South 00
degrees 00 minutes 00 seconds West 324.41 feet to a point in
the northern line of a 60 foot Access Easement described on
Exhibit D to this deed; running thence North 90 degrees 00
minutes 00 seconds East 340.10 feet to a point in the western
line in that tract described in Exhibit A to this deed;
running thence North 00 degrees 00 minutes 00 seconds East
40.69 feet to the point of beginning, containing 3.183 acres
more or less and tieing the Access Easement (Parking Area) as
shown on a map prepared by Hanover Design Services, P.A. dated
January 18, 1993 for Fortron Industries. All bearings are
relative to Plant North. Plant due north is relative to North
32 degrees 46 minutes 44 seconds West (N.A.D. 1983).
r
41O
0,
0,9
?r,

BOOK
PAGE
' 1659
t? Exhibit D Q 8
to Warranty Deed from
Cape Industries to Fortron Industries
60 foot Access Easement
A 60 foot easement for ingress and egress, the centerline of
w:.ich is described as follows: Beginning at a point in the
eastern line of U_S. Highway 421 (150 foot right of way), said
point being located the following calls and distances from
N.C. Grid Monument "FINA" (N.A.D. 1983 coordinate of
N=204,043.186 E=2,307,571.736 and a Plant Coordinate of
N=10600.249, E=1914.917): North 02 degrees 59 minutes 19
seconds West 2851.16 to a railroad spike in the eastern line
of U.S. 421; north 00 degrees 00 minutes 07 seconds West, 30.0
feet to a railroad spike; thence continuing the same course
North 00 degrees 00 minutes 07 seconds West 415.94 feet to the
centerline of an existing railroad track; thence the same
course and along the right-of-way 461.22 feet to the point of
beginning; running thence from said point of beginning North
90 degrees 00 minutes 00 seconds East 20.83 feet; thence with
and along a curve to the south to a point located South 71
degrees 31 minutes 53 seconds East a chord distance 344.76
feet (said curve having a Delta of 36 degrees 56 minutes 18
seconds, a Radius of 544.14, an Arc of 350.80 and a Tangent of
181.74); thence with and along another curve to the east to a
point located South 71 degrees 31 minutes 53 seconds East a
chord distance of 344.76 feet (said curve having a Delta of 36
degrees 56' 181, a Radius of 544.14, an Arc of 350.80 and a
Tangent of 181.74) ; running thence South 90 degrees 00 minutes
00 seconds East 1351.63 feet to a point in the eastern line of
that tract or parcel of land described on Exhibit A to this
deed, all according to a survey prepared by Hanover Design
Services, P.A. dated January 18, 1993 for Fortron Industries.
All bearings are relative to Plant North. Plant due north is
relative to North 32 degrees 46 minutes 44 seconds West.
(N.A.D. 1983).
t..
BOOK
PAGE
1659 0818
Exhibit E to Warranty Deed
t from cape Industries to Fortron Industries
Railway Easements to Fortron
A right-of-way and easement over existing railway tracks, the
centerline of which is described as follows:
Tract One:
Beginning at a point in the eastern right-of-way line of U.S.
421 (150 foot right-of-way) said point of beginning being
located North 00 degrees 00 minutes 07 seconds West 7978.15
feet from a concrete monumer.t located on the eastern right-of-
way line of U.S. 421 at its intersection with the southern
boundary of the Cape Industries Tract, said point of beginning
also being located North 02 degrees.59 minutes 19 seconds East
2851.16 feet and. North 00 degrees 00 minutes 07 seconds West
445.94 feet from N.C. Grid Monument "FINA" (N.A.D. 1983
Coordinates N=204,043.186, E=2,307,571.736); and running
thence from said point of beginning South 90 degrees 00
minutes 00 seconds East 525.35 feet; thence the same course
1501.09 feet to a point in the western line of that. Tract
described on Exhibit A to this deed, hereinafter referred to
as the point of termination of Tract One, Exhibit E.
Tract Two:
Beginning at a point located South 90 degrees 00 minutes 00
seconds East 525.35 feet from the point of beginning as
established for Tract One to this Exhibit E; running thence
from said point of beginning South 86 degrees 47 minutes 31
seconds East a chord distance of 42.04 feet; thence South 83
degrees 03 minutes 46 seconds East a chord distance of 54.87
feet; thence South 83 degrees 53 minutes 24 seconds East a
chord distance of 52.17 feet; thence South 85 degrees 09
minutes 45 seconds East a chord distance of 43.67 feet; thence
South 87 degrees 27 minutes 04 seconds East a chord distance
of 40.12 feet; thence South 90 degrees 00 minutes 00 seconds
East 1269.18 feet to a point in the western line of that tract
described in Exhibit A to this deed, this point being
hereafter referred to as the point of termination of Tract
Two, Exhibit E. These easements are the same as shown on a
map prepared by Hanover Design Services, P.A. for Fortron
industries dated January 18, 1993. All bearings are relative
to Plant North. Plant due north is relative to rth 32
degrees 46 minutes 44 seconds West. (N.A.D. 1983)O
c0 ?(j?d j?'
F
9
BOOK
PAGE
1659
Exhibit F 0819
to Warranty Deed from Cape Industries
to Fortron Industries
Utility Easement
Tract One
Beginning at a point in the western line of that tract or
parcel of land described in Exhibit A to this deed said point
being located South 00 degrees 00 minutes 00 seconds West
85.69 feet from the northwestern corner of the tract described
on Exhibit A, said northwestern corner having a Plant
Coordinate of N=14215.000, E=4090.000; running thence from
said beginning point North 90 degrees 00 minutes 00 seconds
'nest 1433.00 feet to a point; thence North 00 degrees 00
minutes 00 seconds West 687.67 feet to an iron stake; thence
North 89 degrees 59 minutes 26 seconds West 593.47 feet to an
iron stake in the Eastern right-of-way line of U.S. Highway
421; running thence with and along said right-of-way line
South 00 degrees 00 minutes 07 seconds East 20.00 feet to an
iron stake; running thence South 89 degrees 59 minutes 26
seconds East 573.48 feet to an iron stake; running thence
South 00 degrees 00 minutes 00 seconds West 682.68 feet to a
point in the southern line of that 60 foot Access Easement
described in Exhibit D to this deed; running thence with and
alcrg the southern line of said access easement South 90
degrees 00 minutes 00 seconds East 1453.00-feet to a point in
the western line of that tract described in Exhibit A hereto;
running thence with and along said western line North 00
degrees 00 minutes 00 seconds East 15.00 feet to the point of
beginning.
Tract Two
Beginning at a point in the western line of U.S. 421 (150 foot
right of way) said point being located North 00 degrees 01
z. nutes 08 seconds West 4215.52 feet from N.C. Grid Monument
"FINA` (N.A.D. 1983 Coordinates N=204,043.186,
E=2,307,571.736), said point of beginning also being located
South 01 degrees 45 minutes 53 seconds West 6112.65 feet from
the intersection of the centerline of the northbound lane of
U.S. 421 and Fishing Creek; running thence from said beginning
point North 89 degrees 56 minutes 17 seconds West 949.16 feet
more or less to an iron stake in the eastern line of a tract
of land owned by Carolina Power and Light Company, runs thence
southwardly with and along said CP&L line South 10 degrees 30
minute 49 seconds West 20.34 feet to an iron stake; running
thence South 89 degrees 56 minutes 17 seconds East 952.87 feet
more or less to the western right of way line of U.S. Highway
421; runs thence with and along said right of way line North
00 degrees 00 minutes 07 seconds West 20.00 feet to the point
of beginning.
Both tracts are as shown on a plat prepared by Hanover Design
Services, P.A. dated January 18, 1993 for Fortron Industries.
All bearings are relative to Plant North. Plant due north is
relative to North 32 degrees 46 minutes 44 seconds West
(N-A.D. 1983).
•
•
•
BOOK
FACE
y Exhibit G to 1659
Warranty Deed from Cape Industries 0820
to Fortron Industries
Drainage and Storm Sewer Easement
Beginning at a point in the western line of that tract
described on Exhibit A to this deed, said point being located
South 00 degrees 00 minutes 00 seconds West 190.00 feet from
the northwestern corner of that tract described on Exhibit A
said northwestern corner having Plant Coordinate N=14215.000,
E=4090.000; running thence from said point of beginning North
90 degrees 00 minutes 00 seconds East 805.00 feet to a point
in the eastern line of that tract described in Exhibit A;
thence continuing the same course North 90 degrees 00 minutes
00 seconds East 38.64 feet to a point; running thence North 45
degrees 24 minutes 18 seconds East 109.70 feet to a point;
thence South 89 degrees 39 minutes 54 seconds East 67.18 feet;
thence the same course South 89 degrees 39 minutes 54 seconds
East 1609.91 feet; thence North 89 degrees 27 minutes 39
seconds East 1085.86 feet; thence the same course North 89
degrees 27 minutes 39 seconds East 311.73 feet to a point;
thence South 82 degrees 36 minutes 10 seconds East 83.76 feet
to a point; thence South 89 degrees 56 minutes 46 seconds East
363.97 feet to the highwater mark of the Northeast Cape Fear
River; thence with and along said highwater mark to a point
located South 31 degrees 51 minutes 30 seconds East 100.43
feet from the preceding point; thence South 86 degrees 52 feet
07 seconds West 411.49 feet; thence North 89 degrees 16
minutes 01 seconds West 400.93 feet; thence North 89 degrees
16 minutes 01 seconds West 779.26 feet; thence North 89
degrees 25 minutes 11 seconds West 1916.59 feet thence North
89 degrees 25 minutes 11 seconds West 2022.08 feet; thence
South 45 degrees 24 minutes 18 seconds West 38.5 feet; thence
South 90 degrees 00 minutes 00 seconds West 50.94 feet to the
eastern line of that tract or parcel described in Exhibit A
thence North 90 degrees 00 minutes 00 seconds West 805.00 feet
to the western line of that tract or parcel of land described
in Exhibit A; running thence with and along said western line
North 00 degrees 00 minutes 00 seconds West 30.00 feet to the
point of beginning.
This easement is as shown on a map prepared by Hanover Design
Services, P. A. dated August 28, 1992. All bearings are
relative to Plant North. Plant due north is relative to North
32 degrees 46 minutes 44 seconds West (N.A.D. 198
/0
1"?

•
2.
BOOK PAGE
Exhibit H to Warranty 16 5 9 082 1
Deed from Cape Industries to
Fortron Industries
Railway Easements Reserved to Cape
A right-of-way and easement over existing railway tracks, the
centerlines of which are described as follows:
Tract one
Beginning at the point of termination of that easement
described in Tract One, Exhibit E to this deed between Cape
Industries and Fortron Industries and running thence from said
point of termination South 90 degrees 00 minutes 00 seconds
bast 805.00 feet to a point in the eastern line of that tract
described in Exhibit A to this deed.
Tract Two
Beginning at the point of termination of that easement
described in Tract Two, Exhibit E to this deed between Cape
Industries and Fortron Industries, and running thence from
said point of termination South 90 degrees 00 minutes 00
seconds East a chord distance of 71.05 feet; thence North 82
degrees 44 minutes 39 seconds East a chord distance of 28.03
feet; thence North 82 degrees 53 minutes 40 seconds East a
chord distance of 104.26 feet; thence North 84 degrees 21
minutes 41 seconds East a chord distance of 23.75 feet; thence
=North 87 degrees 51 minutes 08 seconds East a chord distance
of 32.79 feet; thence South 90 degrees 00 minutes 00 seconds
East 53.50 feet; thence South 85 degrees 58 minutes 00 seconds
East a chord distance of 65.50 feet; thence South 82 degrees
07 minutes 50 seconds East a chord distance of 45.38 feet;
thence South 79 degrees 06 minutes 39 seconds East a chord
distance of 38.42 feet; thence South 73 degrees 20 minutes 05
seconds East 41.30 feet; thence South 67 degrees 22 minutes 48
seconds East a chord distance of 37.66 feet; thence South 62
degrees 26 minutes 14 seconds East a chord distance of 37.83
feet; thence South 57 degrees 03 minutes 50 seconds East 41.49
feet; thence South 51 degrees 50 minutes 13 -seconds East a
chord distance of 37.78 feet; thence South 46 degrees 37
minutes 23 seconds East a chord distance of 39.56 feet; thence
South 41 degrees 18 minutes 08 seconds East a chord distance
of 37.92 feet; thence South 36 degrees 05 minutes 19 seconds
East a chord distance of 40.91 feet; thence South 30 degrees
40 minutes 09 seconds East a chord distance of 38.71 feet;
thence South 25 degrees 21 minutes 48 seconds East a chord
distance of 39.48 feet; thence South 20 degrees 07 minutes 11
seconds East a chord distance of 39.17 feet; thence South 14
degrees 55 minutes 53 seconds East a chord distance of 36.46
feet; thence South 09 degrees 33 minutes 36 seconds East a
chord distance of 24.34 feet; thence South 07 degrees 41
minutes 05 seconds East a chord distance of 23.18 feet; thence
South 04 degrees 06 minutes 08 seconds East a chord distance
of 18.58 feet; thence South 02 degrees 28 minutes*42 seconds
East a chord diitance of 17.79 feet; and running thence South
00 degrees 29 minutes 53 seconds East a chord distance of
12.67 feet to the southern line of that tract described in
Exhibit A to this deed.
Tract Three
Beginning at a point located South 00 degrees 00 minutes 00
seconds West 9.46 feet from the termination point described in
Tract Two, Exhibit E to this deed between Cape Industries and
Fortron Industries, said point being located in the western
line of that tract described in Exhibit A to this deed; and
_u zing from said beginning point North 82 degrees 05 minutes
06 seconds East a chord distance of 36.67 feet; thence North
82 degrees 44 minutes 39 seconds East a chord distance of
34.93 feet to the intersection of the centerline as called for
4
r
•
•
I

N
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O N
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CO CO
H
herein and the centerline of Tract Two to this Exhibit H.
These easements are the same as shown on a map prepared for
Fortron Industries by Hanover Design Services, P.A. dated
January 18, 1993. all bearings are relative to Plant North.
Plant due north is relative to North 32 degrees 46 minutes 44
seconds West. (N.A.D. 1983)
C,
()
o
0
1
BOOK PACE
1659 0823
Exhibit I to
Warranty Deed from Cape Industries
to Fortron Industries
Exceptions
1. Taxes for the year 1993 and thereafter which are not yet due
and payable.
2. Title to any portion of the property within the bounds of O.S.
Highway 421.
3. Rights-of-.ray of the Atlantic Coast Line Railroad company (ncw
CSX).
4. Title to any portion of the property lying below the highwater
mark of the Northeast Cape Fear River.
5. Riparian rights incident to the premises.
6. Easements to Carolina Power and Light Company recorded in Book
1023, Page 366 and Book 814, Page 160 of the New Hanover
Ccunty Registry.
Easement to Seaboard Coastline Railroad recorded in Book 814,
Page 160, New Hanover County Registry.
• 1
aft
S

•
•
?0x
F?
CERTIFIED COPY ;
1 hereby Mtgy thet thte Is a true
copy It the OfIC11W d=mwl on
f<
-- _ - _ oe.,4ntar of Deeds
DATE
EE
_J?
/ <21
RE E r
B
T}IgUT S
INVALID WI

The easement area herein granted is irregular in shape and more particularly .
described as follows;
Lying and being in Cape Fear Township, New Hanover County, North Carolina:
BEGINNING at a point being located in a western property line of
Cape Industries and an eastern property line of Carolina Power &
Light Company, said point also being located by beginning at North
Carolina Geodetic Survey Monument "FINA", the location of said
Monument having North Carolina. Coordinates N-204,043.186 and
£2,307,571.736, and running thence North 32 degrees 47 minutes 52
seconds West 4215.52 feet to a point being located in the western
right of way edge of U.S. Hwy. 421, the location of said point
having North Carolina Coordinates N-207,586.706 and E-2,305,288.297,
and thence South 57 degrees 16 minutes 59 seconds West 949.16 feet
to the BEGINNING POINT; and runs thence along and with said
western/eastern property line South 22 degrees 15 minutes 55 seconds
East 20.34 feet to a point; thence South 57 degrees 16 minutes 59
seconds West 786.14 feet to an iron stake; thence North 20 degrees
11 minutes 02 seconds West 2298.33 feet to an iron stake; thence
South 55 degrees 27 minutes 58 seconds West 202.50 feet to an iron
stake; thence South 57 degrees 43 minutes 44 seconds West 253.30
feet to a point; thence South 55 degrees 27 minutes 58 seconds West
1171.05 feet to a point; thence South 53 degrees 37 minutes 36
seconds West 311.52 feet to a point; thence South 55 degrees 27
minutes 58 seconds West 3572.04 feet to a point; thence South 59
degrees 18 minutes 11 seconds West 156.62 feet to -a point; thence: •
South 62 degrees 27 minutes 07 seconds West 104.52 feet to a point;
thence South 60 degrees 26 minutes 09 seconds West 93.40 feet to a
point; thence South 60 degrees 52 minutes 55 seconds West 118.57
feet to a point being located on the eastern bank of the Cape Fear
River; thence along and with said eastern bank North 01 degree 44
minutes 45 seconds West 22.52 feet to a point; thence North 60
degrees 52 minutes 55 seconds East 108.14 feet to a point; thence
North 60 degrees 26 minutes 09 seconds East 93.68 feet to a point;
thence North 62 degrees 29 minutes 07 seconds East 104.32 feet to a
point; thence North 59 degrees 18 minutes 11 seconds East 155.40
feet to a point; thence North 55 degrees 27 minutes 58 seconds East
3571.05 feet to a point; thence North 53 degrees 37 minutes 36
seconds East 311.52 feet to a point; thence North 55 degrees 27
minutes 58 seconds East 1171.99 feet to a point; thence North 57
degrees 43 minutes 51 seconds East 253.08 feet to an iron stake;
thence North 55 degrees. 27 minutes 58 seconds East 227.86 feet to an
iron stake; thence South 20 degrees 11 minutes 02 seconds East
2299.15 feet to an iron stake; and thence North 57 degrees 16
minutes 59 seconds East 764.90 feet to the point of BEGINNING,
encompassing 4.162 acres, more or less, as shown on a map prepared
by Hanover Design Services, P.A., dated February 16, 1993, and
entitled °MAP FOR FORTRON INDUSTRIES, FPS MANUFACTURING FACILITY,
FORTRON FEAR TOTdNSHIP, NEV HANOVER COUNTY, NORTH CAROLINA, OWNER:
FORTRON INDUSTRIES."
2 0-
•
This EASEMENT AGREEMENT is subject to the following conditions:
(1) That CP&L presently has electric transmission lines which
cross said easement area and FORTRON shall not utilize any
equipment in such a manner that any portion of said
equipment would come any closer than fifteen (15) feet to
any conductors of CP&L's existing or future electric lines.
(2) That FORTRON shall not do any digging, grading, or filling
nearer than twenty (20) feet to any of CP&L structures or
anchors for CP&L's electric lines.
(3) That FORTRON shall not do any filling or piling of earth on
CP&L's land which will reduce the clearance betwee.. the
ground and conductors of CP&L's electric lines.
(4) That portions of said pipe line are parallel and adjacent
to a dike which will contain the waters of CP&L's cooling
lake and CP&L reserves the right at any time during the
constructionof said pipe line to inspect the work being
done by FORTRON, and to stop the work if, in the opinion of
CP&L, the work is a hazard to said dike.
(5) That CP&L may periodically request, and FORTRON agrees that
it will perform, inspections of said pipe line to determine
• the condition of the same, and FORTRON further agrees to
submit to CP&L written reports of such inspections and
answers to any specific questions asked by CP&L.
(6) That if said pipe line should interfere with CP&L's
operations, future development, or use of CP&L's land, then
FORTRON will, upon written request of CP&L and at FORTRON's
expense, relocate said pipe line to a new location on
CP&L's land which is mutually suitable to th !n arties
hereto.
9
7 That FORTRON shall be liable for, and n., .
(7)
( ) protect, and save harmless CP&L from eh e
'
assessments which may be levied for or a a resuf s
pipe line or any future improvements therls?Q Pj.
T,9
(8) That FORTRON shall be liable for and will ream ?
for any and all damages to CP&L's facilities o celyt
CP&L land resulting from FORTRON's insta 1 1, ad.
maintenance, operation, or use of said pipe line an
(9} That FORTRON shall properly grade and maintain the easeme T
area to allow adequate drainage and prevent water from
accumulating on CP&L's'land that did not accumulate prior
to the construction of FORTRON's facilities.
3
(10) That if liquids should escape from said pipe line, then •
FORTRON shall correct the condition immediately at its own
expense.
(11) That FORTRON's pipe line will be constructed to support the
weight of CP&L's heavy-duty vehicles and other equipment
used by CP&L.
(12) That CP&L shall not be liable for any unintentional damages
to FORTRON's facilities resulting from the use of
mechanical equipment by CP&L or its contractors.
(13) That FORTRON shall have the right to utilize Cape
Industries' road for construction, installation or
maintenance of FORTRON's pipe line.
(14) That CP&L shall have the right to construct, maintain, and
operate electric facilities, pipe lines, roads, railroads,
and other similar facilities across said easement area.
(15) That FORTRON assumes all risks incident to the,
construction, installation, operation, utilization, and
maintenance of said pipe line and road and will indemnify,
defend, and save harmless CP&.L from and against loss of or
damage to property (including any environmental hazards) of
CP&.L, FORTRON, or others, and injuries to or death of all
persons, howsoever resulting, by reason of FORTRON's pipe 40
line or road; provided, however, that if the loss of or
damage to property, or injury to or death of persons,
results solely from the negligence of CPI., then FORTRON
shall not be liable.
(16) That CP&L, its successors and assigns, does hereby covenant
that it is lawfully seized of said easement area in fee,
and has the right to convey said rights and easement; that
the same is free from all liens, except for CP&L's Mortgage
and-Deed of Trust with The Bank of New York as Corporate
Trustee, dated May 1, 1940, as supplemented.
(17) That FORTRON agrees to provide CP&L with as-built drawings
showing the actual location of said pipe line within ninety
(90) days_-after the execution of this EASEMENT ACREEMENT_

• TO HAVE AND TO HOLD the aforesaid easement area and the rights herein
granted unto FORTRON, its successors and assigns, forever, subject to the rights
granted from CP&L to Cape Industries by an EASEMENT AGREEMENT of even date to
this EASEMENT AGREEMENT.
IN WITNESS WHEREOF, CP&L and a general partner of FORTRON have caused this
EASEMENT AGREEMENT to be executed by their officers hereunto duly authorized, and
their corporate seals to be affixed hereunto, all as of the day and year first
above written.
ATTES
• ,
Assistant Secretary
CAROLINA POWER IGHT COMPANY
By: ft 2 clzza '
Vice President

ATTEST:
Secretary
0

CP&L
FORTRON INDUSTRIES, a North Carolina
general partnership
By: HCC FORTRON, INC., artner
By:
Pr .de t
40
RTR
5
. CRTH CAROLINA
WAKE COUNTY
I? 1 CNAf L ?Y: /} IC?n% : n? a Notary Public in and for the State
and County aforesaid, do hereby certify that ROBERT M. WILLIAMS personally
appeared before me this day and acknowledged that he is Assistant Secretary of
CAROLINA POWER & LIGHT COHPANY, a corporation, and that by authority duly given
and as the act of the corporation, the foregoing EASEMENT AGREEMENT was signed
in its name by its Vice President, sealed with its corporate seal, and attested
by himself as its Assistant Secretary.
Witness my hand and notarial seal, this Z&77{ day of
1993.

Z s
My co=ission expires: _ t
-?-y
'New
NE) H--QARQ=rvA
- rte'%cQUN'll .+
P, r KC Erb COUNTY
Notary Public
I. 12cAi6 !cRyL;azke z-- , a Notary Public in and for the
State and County aforesaid, do hereby certify that PRu L H0 L7j oetT
personally came before me this day and acknowledged that 1e- is
Secretary of HCC FORTRON, INC., a general partner of FORTRON INDUSTRIES, a North
Carolina general partnership, and that by authority duly given and as the act of
said corporation, the foregoing EASEMENT AGREEMENT was signed in its name by its
president, sealed with its corporate seal, and attested by h;m
self as its Secretary.
Witness my hand and notarial seal, this 4j- day of AAO1993,
-1y cT?E, ik 6EF:
140tary Public cf Nevr Jersey
aSy C=' fnic" , 0 cam;;" G.-I f 119k
E-FORTRO_MWM
N tary Public
6
•
•
•
•
CERTIFIED MAIL RETURN RECEIPT REQUESTED
May 10, 2006
B.B. Cameron
PO Box 3649
Wilmington, NC 28409
Subject: CAMA Major Development Permit Applicaton for Fortron Industries
Dear Mr. Cameron:
Enclosed is a copy of the CAMA Permit Application for the Fortron Industries facility to be
constructed adjacent to Cape Industries. As required by the North Carolinan Division of
Coastal Management, we are sending you this information to confirm that you are aware of
our proposal project.
Please review the enclosed information and call me at [phone], should you have any
questions.
We would also like to respectfully request that you sign the attached form confirming that
you have no objections to the proposal project and return the signed form to:
Fortron Industries
P.O. Box 327
Wilmington, NC 28402
D7 ?- _
Attn: Tom Provost
Your assistance in this permitting process is greatly appreciated. JUN ,50-11
t7EA'R L'bFt! Qti.:U Y
'
Sincerely, 'EtIfL,DS r+t+?i STCx?rr?F ? _ ,
O 1r,TE;2 BRAPrCFi
FORTRON INDUSTRIES
cp
Steve Ridge -9 f
Vice President of Operations sT ?L 6'
Fortron Industries
0
ADTACENT RIPARIAN LANDOWNER STATEMENT 0
General Statue 113-229 requires that riparian landowners with property adjoining a
proposed excavation and/or fill project be given thirty (30) days to comment on the projet.
This time alloi s the adjacent riparian landowner to express either: (1) that he objects to the
project, or (2) that he does not object to the project and desires to waive his right to the 30-
day period so that the processing of the application can progress more rapidly. Of course,
the adjacent riparian landowner need not sign this form at all, if he so chooses.
I, Bruce B. Cameron, am an adjacent riparian property owner and have seen a copy
of the application submitted by Fortron Industries dated May 10, 2006, wherein said
applicant requests a permit to excavate, fill, or otherwise alter the land and water adjacent to
my property.
? I have no objection to the project as presently proposed and hereby waive the right
of objection as provided in General Statute 113-229
? I have objections to the project as presently proposed and comments are attached
JUN 1 6 2006
DIIC)I-,4 OF
COASTALjMANAGEMENT
Signature of Adjacent
Riparian Landowner
Date:

CERTIFIED MAIL RETURN RECEIPT REQUESTED
•
May 10, 2006
Progress Energy
c/o Mike McIntire
PO Box 1551
PEB 3A
Raleigh, NC 27602
Subject: CAMA Major Development Permit Applicaton for Fortron Industries
Dear Mr. McIntire:
Enclosed is a copy of the CAMA Permit Application for the Fortron Industries facility to be
constructed adjacent to Cape Industries. As required by the North Carolinan Division of
Coastal Management, we are sending you this information to confirm that you are aware of
our proposal project.
Please review the enclosed information and call me at [phone], should you have any
questions.
We would also like to respectfully request that you sign the attached form confirming that
you have no objections to the proposal project and return the signed form to:
Fortron Industries
P.O. Box 327
Wilmington, NC 28402
Attn: Tom Provost
Your assistance in this permitting process is greatly appreciated.
Sincerely,
Steve Ridge
Director of Operations
Fortron Industries
0 ??,
6
O
T

ADTACENT RIPARIAN LANDOWNER STATEMENT
General Statue 113-229 requires that riparian landowners with property adjoining a
proposed excavation and/or fill project be given thirty (30) days to comment on the projet.
This time allows the adjacent riparian landowner to express either: (1) that he objects to the
project, or (2) that he does not object to the project and desires to waive his right to the 30-
day period so that the processing of the application can progress more rapidly. Of course,
the adjacent riparian landowner need not sign this form at all, if he so chooses.
I, Mike McIntire on behalf Progress Energy, am an adjacent riparian property owner
and have seen a copy of the application submitted by Fortron Industries dated May 10, 2006,
wherein said applicant requests a permit to excavate, fill, or otherwise alter the land and
water adjacent to my property.
? I have no objection to the project as presently proposed and hereby waive the right
of objection as provided in General Statute 113-229
? I have objections to the project as presently proposed and comments are attached
Signature of Adjacent
Riparian Landowner
Date:
•
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