The URL can be used to link to this page

Home My WebLink AboutNCG210411_COMPLETE FILE - HISTORICAL_20020202STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE COY HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE 0 YYYYMMDD Willamette Industries, Inc. Marlboro Paper Mill February 22, 2002 Mr Bradley Bennett Stormwater and General Permits Unit Division of Water Quality NC DENR Archdale Building, 91h floor 512 North Salisbury Street Raleigh, North Carolina 27604 I MAR - 6 2002 u r L ly(t ,Zl' Re Stormwater Permit NCG220000 Broad River Chip Company, Rutherford County, North Carolina Dear Mr Bennett Highway 912 P 0 Box 678 e SC 29512-0678 (843) 479-0200 As you know, the Broad River Chip Mill identified four stormwater outfalls on the enclosed site map In addition, the drainage areas feeding the outfalls are also identified Part VI, item 21 of the referenced permit provides a provision whereby multiple outfalls of the same nature can be classified as "representative", possibly resulting in a reduced number of outfalls requiring analytical sampling A previous request for representative outfall status for outfalls 2 & 3 was granted Since this request was made and granted, both of the railcar puller reels associated with these outfalls have been covered and drip pans with absorbent installed to prevent any oil or grease spillage With the addition of this advanced BMP we would like to request that these outfalls be deleted Roger Edwards with the DENR Water Quality office in Asheville has recently visited the mill and is familiar with these outfalls Mr Edwards 1s supportive of our request We have had significant difficulty obtaining a sample from this outfall as it takes quite a bit of ram before anything discharges of the pipe With the significant reduction in potential contamination, we believe these outfalls warrant deletion as identified outfalls Based upon our request, and assuming your concurrence, we would report analytical results from areas 1 and 4a for qualifying storm events The qualitative inspections would continue to be performed on outfalls 1 and 4a only Certainly, until your response is received we will continue to perform sampling on outfalls 1,3, and 4a and visual inspections on 1,2,3, and 4a Please feel free to contact us for any comments or questions Sincerely, UVIO Athena Strickland Technical Services Team Leader Cc Marty Barfield Tim Partin -- Broad River Chip Mill Shannon Buckley Ken Stewart Bill Chivers Mr Wayne McDevitt -Secretary Division of Health and Natural Resources PO Box 27687 Raleigh, North Carolina 27611-7687 June 20, 1998 Dear Wayne I know that you are well aware of the issues that residents have been dealing with concerning Willamette Industries' chip mill in the Union Mills Community of Rutherford County I would like to formally request that you notify The Concerned Citizens of Rutherford County in the event that any new or expanding chip milts apply for permits and/or are permitted in North Carolina Once again, I thank you for your appreciation and sincerity concerning our situation SipcAely, Lyme Faltraco The Concerned Citizens of Rutherford County PO Box 623 Rutherfordton, North Carolina 28139-0623 cc Henry Lancaster Preston Howard Bill Holman Bradley Bennett JUN 2 6 1998 I Eh' QUALITY SEC-rro►,F !�'•.fr�,.�9! ti�if�"J"r+:�w'�"trn.F`�sE'Wt..lfa�^Rti+'i�:9w`�'tr.1.N NR��"c�`T 'n'w�rr'`'..� ��- �I:. � 0 Mr Wayne McDevitt -Secretary Division of Health and Natural Resources PO Box 27687 Raleigh, North Carolina 27611-7687 June 20, 1998 Dear Wayne I know that you are well aware of the issues that residents have been dealing with concerning Willamette Industries' clop mill in the Union Mills Community of Rutherford County I would like tofformally request that you notify The Concerned Citizens of, Rutherforrd , Cogty ui,die,,event that airy new or expanding chip mills apply for perms s- and/or are, permitted'uiNnrth Carolinas Once again, I thank you foryour appreciation and sincerity concerning our situation. C Si el p� Y, L*e Faltraco The Concerned Citizens of Rutherford County PO Box 623 Rutherfordton, North Carolina 28139-0623 cc Henry Lancaster Preston Howard Bill Holman Bradley Bennett NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION May 8, 1998 Ms Lynne Faltraco The Concerned Citizens of Rutherford County Post Office Box 623 Rutherfordton, North Carolina 28139-0623 Dear Ms Faltraco I have before me a copy of your March 19, 1998 Letter to Mr Preston Howard in which you requested that the Division of Water Quality, in the presence of a representative of The Concerned Citizens of Rutherford County (CCRC), measure the actual length of impacted stream at the Broad River Chip Mill site As I told you in the message I left on your telephone answering machine, we have no authority to take citizens on private property while we perform inspections When I approached officials of Willamette Industries with your request they were unwilling to have citizens present during a State inspection They are, however, willing to take you or representatives of CCRC on a tour of the property Should you have interest in such a tour I would suggest you contact Shannon Buckley at 828/287-0565 Attached is a copy of the July 10, 1997 letter from the U S Army Corps of Engineers to Willamette Industries describing what would be allowed under the Corps 404 Program You will observe that the letter states that up to 150 feet of stream may be placed in a pipe under Nationwide Permit Number 26 and an additional approximately 30 feet of culvert may be installed as replacement to an existing culvert with no special authorization from the Corps Such replacement/maintenance work is exempt from permitting requirements The drainage plan for the site shows the original culvert, which was subsequently replaced, to be about 33 feet in length I am also sending you a copy of the Division of Water Quality's July 23, 1997 401 Water Quality Certification for the Broad River Chip Mill The Certification places no limitation on replacement/maintenance activities which may be undertaken INTERCHANGE BUILDING, 69 W%OODFIN PLACE, ASHEVILLE, NC 28801-2414 PHONE 828 291 6208 FAX 928-251 -6482 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 80% RECYCLED/1 O% POST CONSUMER PAPER Ms Lynne Faltraco May 8, 1998 Page Two On April 8, 1998 Mr Roger Edwards and I conducted an inspection at the Broad River Chip Mill site to determine compliance with the conditions laid out in the Corps July 19, 1997 letter and the Division's 401 Water Quality Certification We observed 178' - 9 1/41, of four feet diameter concrete culvert and a 4'-9" splash pad measure on the center line of the culvert for a total of 183'-6 1/4" of fill. Of this 150, is allowed by Nationwide Permit Number 26 and the remainder (approximately 30 feet) is maintenance work exempt from permitting requirements Thirty-three feet - six and one quarter inch (18311 x 6 1/4" minus 150 = 33" - 6 1/41) fits the "approximately 30 feet" of maintenance work authorized by the Corps of Engineers letter of July 10, 1997. As a result of our inspection we have determined that the requirements of the Corp July 10, 1997 letter and this Division's 401 Water Quality Certification have been met and therefore the fill project is in compliance Should you need to discuss this matter further, please do not hesitate to call me Lncerely, Roy M D is, Regional Supervisor Division of Water Quality Enclosure xc Preston Howard Tommy Stevens Coleen Sullins Bradley Bennett Forrest Westall Roger Edwards Nann Guthrie Bob Johnson John Dorney Shannon Buckley DEPARTMENT OF THE ARMY VIINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 July 10, 1997 IN REPLY REFER TO Regulatory Branch Action ID No 199505683 (Nationwide Permit # 26) Ms Michelle Swords, P E J1A 15 1997 I; " Willamette Industries, Inc East Coast. Engineering office y'1�s��r�rlllq(11YS�('Iw,; f 9771 A Southern pine Boulevard I ° I �'+ ,�I I„1 q Charlotte, North Carolina 28273 5 Dear Ms Swords - Reference your letter to this office dated July 3, 1997 concerning Willamette Industries' planned Broad River Chip Plant near union Mills, Rutherford County, North Carolina In accordance with your request, all pre - construction notifications received to date, with the exception of the above verified activity, are to be retired This also documents your request that the above 1995 nationwide permit (NWP) # 26 verification be "grandfathered" as allowed by DA regulations Although this NWP expired on January 21, 1997, we hereby verify your activity to be valid until January 21, 1998 This verification is based on our determination that Willamette Industries, Inc has made a significant investment of resources If your work is not completed before January 21, 1998 your proposed activity must be reconsidered pursuant to the new nationwide permits that became effective on February 11, 1997 You are reminded that the original terms and conditions of the verified permit remain in full force and effect '(copy enclosed) Therefore, it is suggested that you review the verification document prior to resuming work The NWP verification allows up to 150 linear feet of an unnamed S headwaters tributary Lo the Second Broad River to be placed in pipe and then backfilled for the putpose of providing road and railway access to an upland area As agreed to during a June 24, 1997 site meeting, unauthorized riprap in a 130 long segment df the same channel is to be removed This is to involve reclaiming rock by hand from the creek starting on the channel bottom and extending up each creek bank two vertical feet Reclaimed rock is to be placed and retained on an upland area well out of any regulated waters or wetlands Following the channel reclamation, both banks of the creek are to be revegetated with native shrub and tree species available on the plant construction site Provided this work is completed within 30 days following your receipt of this notice, there will be no further action required by this office r --- -2_ Finally, maintenance work to be completed on a currently serviceable culvert/road crossing over the above tributary (approximately 30 feet in length) requires no authorization from this office Regarding an additional channel with adjacent wetlands that occur approximately northwest of the authorized culvert construction area, it is our understanding that a bridge is planned over this site with no proposed fill in waters or wetlands No DA permit is required for this activity Willamette Industries' cooperation and compliance with our regulatory program is necessary and iid]Ae appreciated Should there be any changes in the project requiring additional work in waters or wetlands, this office should be notified rior to starting work If there are questions regarding this notice or othe aspects of your project, please contact meat telephone (704) 271-4855 Sincerely, Robert W Johnson Office Manager Asheville Regulatory Field Office Copies Furnished w/o Enclosure Mr. John Dorney Division of Water Quality NC Department of Environment, Health & Natural Resources 4401 Reedy Creek Road Raleigh, NC 27607 Mr Roger Edwards Division of Water Quality NC Department of Environment, Health & Natural Resources 59 Woodfin Place ' Asheville, NC 28801 Mr Mark Cantrell U S Fish and Wildlife Service 160 Zillicoa Street Asheville, NC 2880� State of North Carolina Department of Environment, Health and Natural Resources 47L*)J Division of Water Quality James B Hunt, Jr., Govemor Jonathan B Howes, Secretary Q FE H N A. Preston Howard, Jr , P E , Director July 23, 1997 Rutherford County WQC 401 Project #970338 APPROVAL of 401 Water Quality Certification Broad River Chip Mill Attn: Ms Michelle Swords 9771-A Southern Pine Blvd Charlotte, NC 28273 Dear Ms. Swords Jut- 3 0 199 i Thank you for your 27 June 1997 letter You have our approval, in accordance with the attached conditions, to excavate and fill in 150 linear feet of wetlands or waters for the purpose of constructing a rail and road crossing at Union Mills, N C , as you described in your application dated 27 June 1997 and your letter dated 19 June 1997 After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3127 and 3108. This Certification allows you to use Nationwide Permit Numbers 3 and 26 when they are issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. We expect that: 1) Willamette shall remove all of the nprap by hand to an elevation of 24 inches above the two year storm high water elevation as described in your 27 June 1997 letter 2) After removing the nprap, Willamette shall revegetate the same locations with the species listed on the 27 June 1997 correspondence with the exception of Sweetgum Unlike the other species listed, Sweetgum will easily colonize the site without assistance If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Division of Water Duality • Environmental Sciences Branch Environmental 5c:ences Branch, 4401 Reedy Crook Rd, Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportundy Affirmatnre Action Employer • 50% recycled/100/9 post consumer paper ♦' dr Page 2 DWQ Project #970338 July 23, 1997 Carolina General Statutes to the Office of Admnustrative Hearings, P O. Box 27447, Raleigh, N.C. 27611-7447 This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733- 1786. Sincerely, A. Preston How61r. Attachment cc. Wilmington Distract Corps of Engineers Corps of Engineers Asheville Field Office wA shevalle.DWQ.Regional,Office N r John Dorney Central Files Western North Carolina Alliance 970338.1tr l�Ir Preston Howard Division of Water Quality DENR Archdale Building 512 North Salisbury Street Raleigh, North Carolina 27604 March 19, 1998 Dear Mr Howard ipt% R1AA � 6199R RCj, T SOURCE BRANCH This letter is aformal request from the Concerned Citizens of Rutherford County (CCRC) to the Division of Water Quality (DWQ) to inspect and measure the impact of 150 feet of stream or less on the Willamette Industries' Broad River Chip Mill site on Centennial Road in the Union Mills Community of Rutherford County CCRC is requesting that this inspection be done in our presence along with a representative from the Raleigh and the Asheville DWQ Offices Since Willamette Industries originally rip -wrapped 280 feet of stream without the proper federal and state permits and has gone unpunished, we feel that this is areasonable request The approval of the 401 Water Quality Certification clearly indicates to us that CCRC has aright to look at the 149 feet 10 inch section of this stream. CCRC requests that DWQ confirm this measurement If you have any questions about this request, please feel free to contact me, otherwise we will await a confirmation on a date when this request can be fulfilled. Thank you I cerely, e Faltra.co e Concerned Citizens of Rutherford County PO Box 623 Rutherfordton, North Carolina 28139-0623 828-287-4429 cc Governor Jim Hunt Bill Flournoy Bradley Bennett Roger Edwards Bill Holman r 11, r- T ,,,&I, 9—. V, i 4t +1 7.a 14 I 4 4►i ♦ Ali r 4} 1 il' 7 S +T TT73 14 1J r1 , "1 S �M ��1rt4r � ilTHIS a -lowl 11 1t T. r1 , , ,' f it r .1 iSc• T 4 tt rTr+ ,r —rtn '4( 1��i1 ��T, 1 �a� i '+� iT J , 1� 4 �,D 14411' ,- Tt' , �� `(} i_+f+J , '4r04T `)L rIT' f !tY" i 1111r]=>. �LifJ .I t I+�1 f+ 0, 4A I iaG,, 11 +S.El111 , f "'a+ it 'Vl } f1 .+� . ++r,l � i� ! i't ` J4.l t� ' '� ,} it a{"r i it ' S� iJ I L r14 s 41J r.tV r,ut 'llr r 14 t '01 ,ti ' rs 11�, If `! "` ,�.+ -. tJ TT Y 4f t f i'r ,ti r U Mr Henry Lancaster Mr Dan Whittle 512 North Salisbury Street Raleigh, North Carolina 27611-7687 October 18, 1997 OCTIRV ME 2 8 1997 -.0b Dear Henry and Dan POINT SOURCE BRANCH Thank you both so much for coming to Asheville, October 6, to facilitate the public hearing The Concerned Citizens of Rutherford County (CCRC) would like to have copies of the transcriptions of all three public hearings held this month We would also like a copy of the names and addresses of those people who spoke at these three public hearings As you both know, this study is extremely important to (CCRC) Referring to our conservation after the public hearing, CCRC feels that it is imperative that this study include input from representatives of all the groups who have a vested interest and stake in seeing that this study is done in an appropriate, unbiased, and balanced manner Since CCRC is one of the reasons why DENR is beginning this study, we feel very strongly that the concerned citizens' voice needs to be positively represented and received CCRC understands your trepidation in making sure that this study is not industrially or economically orientated, and we certainly want this study to be an equal representation of all parties On the other hand, we do not want to see this study burdened, bogged down, stalled, or buried in committee bureaucracy An oversight/study panel might be advantageous and could include people from the grassroots/concerned citizens' groups (as well as private landowners and local sawmillers), industry, and scientific authorities We feel that each group deserves a place at the table with an equal number of representatives from each group We (concerned citizens and other environmental groups) would like to be able to provide DENR with our own suggestions of scientific advisors We would like to see the final list of panelists chosen before this study begins It would probably be advisable for DENR to look at other agencies who have used this study/panel involvement to get ideas on how to proceed With this panel in place, DENR could then have monthly reviews of the study by the interested parties Tliis could be done by mail, e-mail (on a listserve), and/or by having a web site This procedure could also be enhanced by using a liaison person to float back and forth between the oversight panel and interested parties It would then be conceivable that the study would be reviewed on a quarterly basis (paralleling the NEPA process), open for public comment, and finally be followed by requests for public hearings on parts of the study where questions, disagreements, or problems are occurring The process would allow more people the opportunity to preview the study and have input This would again ensure that the study is progressing in an open and impartial manner We would like to request that you send us a copy of the time frame that you will be woi king off of, what type of pi ocedure will ultimately be implemented, and who will be participating in the study We would also like to encourage you get Duke University's School of the Environment on board as well Since we would all like to see this study extend into a region -wide study, it would be helpful to know what part the EPA will play in this This study is very precedent setting and other agencies as well as states will be looking at North Carolina to see how this study is conducted It is essential that this bean accurate, resourceful, and compelling study Primarily, the study needs to address water and air quality, coastal water issues, clearcutting, forest health, hardwood benefits, genetic diversity, biodiversity, tax incentives for the timber industry vs private landowner tax incentives, exportation, tourism, migratory bird species, truck traffic safety and rural road issues, quality of life, socio-economic aspects, wetland problems, and recycling Would you also be able to notify groups about the policy and direction that you plan on taking in the permitting of chip wood mills in North Carolina? We would like to see chip mills removed from the NCG040000 General Stormwater Permit, and placed in a separate chip mill permitting process However, we would like to take that a step further, and have each individual chip mill evaluated This could be done under an Environmental Impact Study (EIS), and would take into consideration the direct, indirect, and cumulative impacts that a mill would have on a given community We are again requesting that we be given a date for the public hearing on Willamette Industries' General Stormwater Permit Secretary Jonathan Howes sent a letter to Dr Harvard Ayers and myself dated June 26, 1997, stating that we (CCRC) would be granted a public hearing in Rutherford County We have in fact been requesting this hearing since last August of 1996 It would certainly seem prudent to take this campaign a step further, and enforce a moratorium on all chip mills and permitting, especially since this General Stormwater Permit process is now in question After the study is completed, DENR can then develop a clear agenda on the application and issuance of these permits Then tins process, under the auspices of careful discretion, could be implemented and proceed As a result of working on this chip mill issue for over two years, CCRC will continue to be an intregal part of this campaign Again, thank you for your help, interest, and concern for our group these past few months We sincerely want to continue to maintain a favorable, forthcoming dialog with you and DENR We will indeed look forward to seeing what positive affects this North Carolina assessment will have on all the concerned citizens of this state Citizens all over the state and country must continue to address the issues that surround chip mills Do we want to leave a legacy of destruction, devastation and deforestation? If any kind of legacy should be left behind particularly for our children, it should be that we, the concerned citizens, perservered to retain the beauty and prosperity of our forests for years to come Thank you S n rel L e Faltraco The Concerned Citizens of Rutherford County Concerned Citizens of Rutherford County P.O. Box 388 Union Mills, NC 29167 '.4 d--� - )4 4f Pb L II1i1III IdIIIII IdIII III] lit 11l11111fill ItIII jJIIII411111111 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James 8 Hunt, Jr., Governor A. Preston Howard, Jr., P,E , Director Asheville Regional Office WATER QUALITY SECTION September 12, 1997 11 - *A Ad 4*b j DEHNR Ms Lynn Faltraco Concerned Citizens of Rutherford County Post Office Box 388 Union Mills, North Carolina 28167 Sub3ect Stormwater General Permit Timber Products Industry Dear Ms Faltraco In keeping communication open I want to inform you of the Division of Water Quality's plans regarding renewal of the stormwater general permit involving the timber products industry Attached is a copy of a letter typical of those sent to everyone in the timber products industry who presently hold a Stormwater general permit The letter describes various approaches being considered by the Division of Water Quality and indicates an estimated two year time frame for final implantation of the approach selected Please do not hesitate to call me should you wish to discuss this matter ncerely, Royn avis, Regional Supervisor Division of Water Quality Enclosure xc Dan Whittle Nann Guthrie Bradley Bennett Forrest Westall Roger Edwards Interchange Building 59 Woodfin Place �Ay� FAX 704-251-6452 Asheville North Carolina 28801 �� An Equal FAX Acflon Employer Voice 704-251-6208 50% recycles/ 10% post -consumer paper 15 Ud f-!Ar'I Ikil WH I irk UUI L 1 I Y mil. 11 UN I U FVU I' Ua! e of North Carolina ,epartment at Environment. Health and Natural Resources Division of Water Ouallty James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A Preston Howard, Jr., P L, [?erector 97 JAMBS Ni. GRAY RIVEN ROAD LUMBER CO PO BOX 130 WADE, NC 28395 Subject: NPDES 5taimwater Permit Renewal Permit COC NCGO40240 Cumberland County MIA M_ IN& WY �1 f� ,1 Your facility is currently covered for stommater dnscbaxge tinder General Pertmt NCGO4OOW. This permit expires on August 31, 1997. The Division is currently reviewing a number of alternatives for continuing the stormwater coverage given under thtt pemuL Ttnese idtornatrves include • Revising and rmut ung flx existing stonawarer genetal penzr rL • Developing new stormwater general permits to better bandk these facilltnes • Developing rules that would allow your stormwater rhmharge to be perm ted by role rather than reu=g it pamut (Even if peamimed by rule, your facility would still need to maintain a Stormwamer Pollution Prevention Plan and puforna visual monitoring as required by your cuuent per mt.) It is anticipated that this proem could take up to two years to fully rrnpleme t. Dnnng this time your cunt General Perron will continue m force and effect, eve tt though the axpuatim date has past, W accordance month BA NCAC 2H .127(e) and Part IL Sedaon B # 8 of your percent It will not be necessary for you to apply for a p=nxt rettewal or pay any permit fees at this time We have attached a "Permit hiformgtton Update" form which includes the innformahcm we currently have in our dab6ast for your factidy_ If this rtlfornmbon is inac-.e ate, pl=e make the appropmve conrejous and return the form to the address mdL=ed. If this infumation is accurate, you do not need to sign or return tho form If you have any questions concerning this process please contact Alsha Lau of the SU=watcr Group at (919) 733-5083 exL 578 Clncr�ml Jv 1r_ Bradley Bennett; Supemsor stormwater Groton cc-, Cmtrai Files PayedevMc_ Regiotial Oif ice P 0 Box 29535, ltatetgh, Ninth Carolina 27626-0535 Telephotra 919-733-5093 FAX 919-733-0719 AnFgEW Oppo wty Affinnshyc Action Eaployor 50%recycled! 10%post-00us=mwpagw Date Mon, 8 Sep 1997 14 00 32 -0400 From dwhittle0mail ehnr state nc us (Dan Whittle) Subject Re dehnr-meeting To bradley@dem ehnr state nc us I found it Forward Header Subject Re dehnr-meeting Author Dan Whittle at NRDCS01P Date 8/25/97 11 40 AM Here you go Forward Header Subject Re dehnr-meeting Author Dan Whittle at NRDCS01P Date 7/30/97 11 09 AM Thanks for your note In response to your questions 1) General Stormwater Permit Renewal A total of 12 general permits expire at the end of August DWQ has begun the process of renewal on some, but not all of them The General permit that applies to Willamette, other chip mills and other industries is referred to as the "04" general permit DWQ has not yet scheduled its review of this one (Note Upon expiration, a general permit continues in full force and effect until reissued, revised or terminated ) I expect that the earliest the 04 permit will be reviewed will be this fall As discussed, we are prepared to conduct a public heanng on the permit as a whole Our regional office will keep you posted well in advance of plans to review/reissue this permit 2) At our last meeting, I agreed to host a question and answer session on general stormwater permits (e g , how the permit process, works, what other activities are covered under this permit, etc ) to help you prepare for a public hearing on the 04 permit I am not available on August 4 or 11 -- I will be out of town from August 1-16 Let's try to schedule something when I get back ALternatively, you could contact Roy Davis or Forrest Westall in our Ashewvdle office 3) Willamette 401 certification and restoration of stream DWQ sent a letter to Willamette on 7/23/97 approving its excavation and fill - _ - - --project of less than 150 feet of stream - I discussed this possibility -� - - at the last meeting with you and your colleagues in Raleigh I also understand that DWQ staff met with MAtt Dietz and others to discuss prior to finalization of the approval letter If you don't have a copy of this, let me know and I'll send you one (You could also contact _�~ � -.--�-..•-.,. ...':*k�k-,ram �4:.2�r�^ z?�s�'a . ''" :''�.:..:=s�``:.�'._.)*� c� ..w�� , �-�'�—.� = � - Nann Guthrie, Roy Davis or Forrest Westall in our Asheville office) Also, please feel free to call me if you want to discuss 4) Woodchip Study I have sent an issues memo to Duke and NC State and am expecting a more detailed issues paper from them sometime this week I then hope to draft a study plan during the week of August 18 When I get back in town, IT call you to discuss how best to solicit public review and input on the draft plan As I mentioned, I am happy to convene a public scoping meeting(s) on the draft plan Again, we want to make sure that all relevant issues and concerns are addressed in our study Please call me at (919) 715-4195 it you have any questions Thanks Subject Author Date Dear Dan Reply Separator dehnr-meeting mlfaltraco@luno com (lynne a faltraco) at Internet 7/13/97 7 54 PM Thank you for spending so much time with our group this past Wednesday afternoon We really appreciate all of the ideas and information that you provided for us Do you have any further information on the date that the public hearing for Willamette Industries General Stormwater Permit Renewal will be held? One question that we did not - � -- -, s touch on too extensively is exactly what the criteria is or -would be for°- f DEHNR to deny Willamette Industries this permit? Where is DEHNR on the assessment of Willamette Industries and the Clean Water Act violations? Also, how does this factor in with the US Army Corps of Engineers and - DEHNR'S relationship to the Corps? We are looking forward to participating in the Draft Study Plan, that you have indicated I t - - , will be ready for us to preview during the middle of August At which time would it be appropriate for us -to give you our recomm ndations on a feel can fairly present our-�•- - - - �� y issues and concerns? 4 Would sometime during the weeks of either August 4 or 11 be convenient for you and your Water Quality Division to have this meeting with us to discuss the issues on Water Quality and how we can adequately build a case for our side at the Water Quality Heanng on the 25th of August and also for the Public Hearing on the Stormwater Permit Renewal in the Fall? Lastly, Andrew George is not closely affiliated with our group at this time, and we feel that it is appropriate to ask you to please send CCRC any information that you would be sending to him Thanks again for your time and expertise on this issue that continues to be so important to all of us Lynne The Concerned Citizens of Rutherford County t r I I ; ) - S � I i I State of North Carolina Department of Environment, Health and Natural Resources James B Hunt, Jr , Governor Jonathan B Howes, Secretary June 26, 1997 Ms Lynne Faltraco Concerned Citizens of Rutherford County PO Box 388 Union Mills, NC 28167 Ak kT?WA *21 injo �� [DEHNR Mr Harvard Ayers Southern Appalachtan Ecoregion Task Force of the Sierra Club 150 Kellwood Drive Boone, NC 28607 Dear Ms Faltraco and Mr Ayers Thank you for your letter of June 9, 1997 It was a pleasure to meet with you a few weeks ago to discuss your concerns about woodchip production in North Carolina As we discussed, the Department of Environment, Health and Natural Resources (DEHNR) has begun the process of studying the direct and indirect environmental impacts associated with woodchip production in North Carolina The study will also explore the economic benefits and impacts associated with woodchip production in the state To this end, DEHNR staff have met over the last several months with your groups and others to discuss concerns and to gather information needed to develop a study plan Staff have also recently met with scientists from Duke and North Carolina State University and with EPA Region IV staff As the study moves forward, I can assure you that there will be ample opportunities for active and meaningful public involvement You will also have an opportunity this fall to comment on the general stormwater permit under which the Broad River Chip Mill is covered DEHNR will notify you as soon as a public hearing on the permit is scheduled With respect to the alleged Clean Water Act violations referenced in your letter, I have directed the Division of Water Quality to investigate the matter and to report back to me Any appropriate enforcement action will necessarily be coordinated with the U S Corps of Engineers P O Box 27687, �y4C FAX 919-715-3060 Raleigh North Carolina 2761 i-7b87 An Equal Opportunity/Affirmative Action 1 mployer Voice 919-715-4100 50% recycled /10% post -consumer paper Shy Ms Lynne Faltraco & Mr Harvard Ayers June 26, 1997 Page 2 Finally, if an individual Section 401 Certification is required for any project at the Rutherford County site, the Division of Water Quality will hold a public hearing Division staff will notify you should a Section 401 Certification be necessary in this instance Again, thank you for your interest in this important issue Please feel free to contact me, or Dan Whittle on my staff, if you have any questions or further comments on this matter Sincerely, Jonathan B Howes cc Joan Weld Henry Lancaster Sherri Evans -Stanton Linda Rimer ✓lSaniel Whittle Preston Howard Nann Guthne ' State of North Carolina Department of Environment, Health and Natural Resources James B Hunt, Jr , Governor Jonathan B Howes, Secretary June 26, 1997 Mr Don Moms Southern Appalachian Ecoregion Task Force of the Sierra Club 150 Kellwood Drive Boone, NC 28607 Dear Mr Morns Thank you for your letter of June 6, 1997 regarding the secondary impacts associated with woodchip production in North Carolina It was a pleasure to meet with you and others in May to discuss this issue As we discussed, DEHNR has begun the process of stud-,ing the direct and indirect (i e , secondary) environmental impacts associated with woodclup production in the state The study will also explore the economic benefits and impacts associated with woodchip production To this end, DEHNR staff have met over the last several months with your groups and others to discuss concerns and to gather information needed to develop a study plan Staff have also recently met with scientists from Duke and North Carolina State University and with EPA Region IV staff The study process will be a public one and I encourage your active participation and input You will also have an opportunity this fall to comment on the general stormwater permit under which the Willamette Industry's Broad River Chip Mill is covered DEHNR will notify you as soon as a public hearing on the permit is scheduled In your letter, you also raised issues regarding the company s potential need for a Clean Water Act Section 404 permit from the U S Corps of Engineers The need for a Section 404 permit and the related Section 401 State Water Quality Certification will depend upon the nature and scope of the company's proposed stream -crossing project, which is still not known at this time if it is determined that an individual Section 401 Certification is required for any project at the Rutherford County site. the Division of Water Quahtv will hold a public hearing Division staff will notify you should a Section 401 Certification be necessary in this instance P O Box 27687 W Aft, FAX 919-715-3060 Raleigh North Carolina 2761 1-7687 Nvf An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50%1 recyCled/10% post -consumer paper Mr Don Morris June 26, 1997 Page 2 Again, thank you for your interest in this important issue Please feel free to contact me, or Dan Whittle on my staff, if you have any questions or further comments on this matter Sincer ` �1 Jonathan B Howes cc Joan Weld Henry Lancaster Shem Evans -Stanton Linda Rimer a iel Whittle Preston Howard Nann Guthrie J Author- Dan Whittle at NRDCSOIP Date- 7/30/97 11:11 AM Priority Normal TO Preston Howard at Internet Subject- Re dehnr-meeting ------------------------------------ Message Contents------------------------------------ Preston -- would you please forward this correspondence on to your people in ARO? Thanks Forward Header Subject Re dehnr-meeting Author Dan Whittle at NRDCSOIP Date 7/30/97 11 09 AM Thanks for your note In response to your questions 1) General Stormwater Permit Renewal A total of 12 general permits expire at the end of August DWQ has begun the process of renewal on some, but not all of them The General permit that applies to Willamette, other chip mills and other industries is referred to as the 1104" general permit DWQ has not yet scheduled its review of this one (Note Upon expiration, a general permit continues in full force and effect until reissued, revised or terminated ) I expect that the earliest the 04 permit will be reviewed will be this fall As discussed, we are prepared to conduct a public hearing on the permit as a whole Our regional office will keep you posted well in advance of plans to review/reissue this permit 2) At our last meeting, I agreed to host a question and answer session on general stormwater permits (e g , how the permit process, works, what other activities are covered under this permit, etc ) to help you prepare for a public hearing on tue 04 permit I am not available on August 4 or 11 -- I will be out of town from August 1-16 Let's try to schedule something when I get back ALternatively, you could contact Roy Davis or Forrest Westall in our Ashewville office 3) Willamette 401 certification and restoration of stream DWQ sent a letter to Willamette on 7/23/97 approving its excavation and fill project of less than 150 feet of stream I discussed this possibility at the last meeting with you and your colleagues in Raleigh I also understand that DWQ staff met with MAtt Dietz and others to discuss prior to finalization of the approval letter If you don't have a copy of this, let me know and I'll send you one (You could also contact Nann Guthrie, Roy Davis or Forrest Westall in our Asheville office) Also, please feel free to call me if you want to discuss 4) Woodchip Study I have sent an issues memo to Duke and NC State and am expecting a more detailed issues paper from them sometime this week I then hope to draft a study plan during the week of August 18 When I get back in town, I'll call you to discuss how best to solicit public review and input on the draft plan As I mentioned, I am happy to convene a public scoping meeting(s) on the draft plan Again, we want to make sure that all relevant issues and concerns are addressed in our study Ik, PLease call me at (919) 715-4195 if you have any questions. Thanks Reply Separator Subject dehnr-meeting Author- mlfaltraco@Juno com (lynne a faltraco) at Internet Date- 7/13/97 7 54 PM Dear Dan Thank you for spending so much time with our group this past Wednesday afternoon We really appreciate all of the ideas and information that you provided for us Do you have any further information on the date that the public hearing for Willamette Industries General Stormwater Permit Renewal will be held? One question that we did not touch on too extensively is exactly what the criteria is or would be for DEHNR to deny Willamette Industries this permit? Where is DEHNR on the assessment of Willamette Industries and the Clean Water Act violations? Also, how does this factor in with the US Army Corps of Engineers and DEHNR'S relationship to the Corps? We are looking forward to participating in the Draft Study Plan that you have indicated will be ready for us to preview during the middle of August At which time would it be appropriate for us to give you our recommendations on whom we feel can fairly present our issues and concerns? Would sometime during the weeks of either August 4 or 11 be convenient for you and your water Quality Division to have this meeting with us to discuss the issues on Water Quality and how we can adequately build a case for our side at the Water Quality Hearing on the 25th of August and also for the Public Hearing on the Stormwater Permit Renewal in the Fall? Lastly, Andrew George is not closely affiliated with our group at this time, and we feel that it is appropriate to ask you to please send CCRC any information that you would be sending to him Thanks again for your time and expertise on this issue that continues to be so important to all of us Lynne The Concerned Citizens of Rutherford County qL State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director Ms Lynne Faltraco The Concerned Citizens of Rutherford County Post Office Box 388 Union Mills, North Carolina 28167 Dear Ms Faltraco �EHNR January 31, 1997 1 a ii Eli Ott Ai t 1997 r� y v � Subject Broad River Chip Mill w� _ 3 " General Permit No NCG040302 ,3 ' - Rutherford County P"J - This letter is in response to your November 5, 1996 letter concerning the stormwater permit for Broad River Chip Company The modified permit (NCG040302) was issued by the Division of Water Quality (DWQ) on October 16, 1996 In making the determination to issue this permit, DWQ has taken into consideration the similarity of this proposed activity to other activities currently covered under the NCG040000 general permit In addition, we have reviewed information related to Willamette Industries' record of environmental compliance We have found no basis to justify denial of the requested permit Our review of Willamette's compliance records indicates that they have experienced similar problems in complying with environmental requirements that other large industries operating many different manufacturing facilities have experienced We feel that the stormwater pollution prevention plan and other requirements of the stormwater general permit are sufficient to control the potential environmental impacts of the chip mill The water quality impacts of tree harvesting activities in North Carolina are equally well controlled through required forestry practices The management practices in both of these areas are well documented Before addressing some specific questions in your letter, I would like to explain how our permitting authorities apply to the activities associated with the proposed chip mill First, the NPDES c,eneral stormwater permit issued for this type of facility is targeted at a very Specific pollution problem Stoimwatcr NPDES permits ale required only tot point source, dischaiges of stormwater associated with an industrial activity Theae are various categories of industrial activity defined by the federal iequirements, including Lumber and Wood Products In the absence of a point source discharge these permit requirements do not apply Most often forestry practices result in nonpoint source pollution rather than point source The Division of Forest Resouices is the designated lead agency responsible for nonpoint source pollution control associated with forestay activities A number of the concerns you raised are related to the nonpoint source pollution issues While they are certainly valid issues and concerns, I hope you can recognize that they are beyond the scope and authority of our stormwatei permit However, I also want to assure you that these issues do not go unaddressed The Division of Forest Resout Les is P O Box 29535, Raleigh, North Carolina 27626 0535 Telephone 919 733-5083 FAX 919-733 0719 An Equal Opportunfty Affirmative Action Empieyer 50% recycled/ 10% post -consumer paper Ms Lynne Faltraco Page 2 January 31, 1997 very active in assuring that proper management practices for nonpoint source control are implemented for all forestry activities If you have any questions concerning forestry practices you can contact the Division of Forest Resources at (919) 733-2162 In addition to forestry practices, sedimentation and erosion control provisions are required for construction activities in North Carolina This program is implemented by the Division of Land Resources An Erosion and Sedimentation Control Plan must be approved for construction activities disturbing more than one acre of land If you have questions on this process and how it might apply to the Broad River Chip Mill you can contact the Division of Land Resources at (919) 733-4574 In your letter you specifically requested responses to a number of questions I believe that the information below addresses these items You requested information concerning the involvement of Mr Bob Jordan in the Broad River Chip Company As stated in my previous letter to you, the original permit was issued to the Jordan Lumber Company as the owner of the proposed mill Mr Jordan submitted the original stormwater permit application and indicated on this form that he was president of Broad Rivet Chip Company Through information submitted in the modification process it is our understanding that Mr Jordan has recently sold his interest in the company to Willarnefte Industries and is no longer an officer or stockholder in the company If you would like additional intoirnation on the Broad River Chtp Company's structure, we would recommend that you contact the North Carolina Secretary of State's Corporations Division at (919) 733-4201 Your letter also requested information concerning a letter submitted by DWQ to Mr Marvin D Cooper On the ownership change forms submitted to our office, Mr Cooper is designated as the person legally responsible for the requested permit There are a large number of industries in North Carolina whose parent company's are actually located in other states Under these situations it is not unusual that the environmental matters are handled through groups or divisions at the parent location Therefore, it is not unusual foi permit-, from DWQ to be sent to an out of state parent facility, particularly where the facility has yet to be constructed As mentioned in your letter, the NCG040000 general permit expires on August 31, 1997 Broad River Chip Company is covered for their stormwater discharge under this general permit The expiration you referred to is for the general permit itself, not a certificate of coverage issued under the general permit A certificate of coverage continues in effect until the general permit is revoked or terminated In addition, an expired general permit, continues in effect until it is reissued or anew general permit is issued These pen -nit conditions are spelled out in Part fI Section B of the General Permit We are currently working to rewrite and reissue a number of general permits that expire in 1997 All of these general permits, as well as any rules related to these permits, must go through standard public notice procedures This allows opportunities for interested parties to comment on the structure and content of the general permits The staff plan to have draft versions of the general permits and othei information prepared for public notice to early 1997 Results of any cumulative impact studies for this proposed mill and its activities were also requested in your letter No studies of this type were required for the proposed chip mill Based on the quality of existing programs we do not feel that a secondary impact study is warranted As mentioned in my earlier letter, the North Carolina Division of Forest Resources administers a program which requires appropriate Best Management Practices (BMPs) during the process of tree harvesting These BMPs ate designed to protect surface waters and protect water quality The Division of Forest Resources is the designated lead agency in North Carolina for addtessing water quality impacts associated with forestry activities Based on the past compliance records with forestry BMPs we do not tee] that additional Studies or requirements aie necessary 'i . Ms Lynne Faltraco Page 3 January 31, 1997 Your letter also discussed the need for adequate compliance assurance under this pernut The Division of Water Quality works very hard to ensure that members of the regulated community comply with our requirements We will make every effort to insure that the Broad River Chip Company Mill, if built, is operated in compliance with the laws and regulations assigned to us for administration I am confident the other agencies that will have responsibility over related activities, including the Division of Land Resources and the Division of Forest Resources, will do likewise We understand that you have recently met with representatives of our department to discuss your concerns with the potential impacts of the chip mill industry As indicated in this meeting the Department is committed to studying the economic and environmental impacts of this industry on a statewide basis Future analyses of this type will obviously benefit all groups involved in understanding and addressing any potential impacts I hope that with this letter I have been able to satisfactorily answer your questions If you have additional questions or require additional clarification on any of these issues, please contact Bradley Bennett of my staff at (919) 733-5083 extension 525 Sincerely, l A Preston Howard , P E cc Linda Rimer, Assistant Secretary, Department of Environment, Health and Natural Resources Henry Lancaster, Assistant Secretary, Department of Environment, Health and Natural Resources Stan Adams, Director, Division of Forest Resources Charles Gardner, Director, Division of Land Resources Steve Tedder, Water Quality Section Chief, Division of Water Quality Roy Davis, Regional Supervisor, Asheville Regional Office Biadley Bennett, Stoimwater Gioup, Division of Water Quality State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director January 14, 1997 Ms Lynne Faltraco The Concerned Citizens of Rutherford County Post Office Box 388 Union Mills, North Carolina 28167 ATX.MAI C)EHNR Subject Broad River Chip Mill General Permit No NCG040302 Rutherford County Dear Ms Faltraco This letter is in response to your November 5, 1996 letter concerning the stormwater permit for Broad River Clup Company The modified pernut (NCG040302) was issued by the Division of Water Quality (DWQ) on October 16, 1996 In making the determination to issue this permit, DWQ has taken into consideration the similarity of this proposed activity to other activities currently covered under the NCGO40000 general permit In addition, we have reviewed information related to Willamette Industries' record of environmental compliance We have found no basis to justify denial of the requested permit Our review of Willamette's compliance records indicates that they have experienced sirrular problems in complying with environmental requirements that other large industries operating many different manufacturing facilities have experienced We feel that the stormwater pollution prevention plan and other requirements of the stormwater general permit are sufficient to control the potential environmental impacts of the chip Trull The water quality impacts of tree harvesting activities in North Carolina are equally well controlled through required forestry practices The management practices in both of these areas are well documented Before addressing some specific questions in your letter, I would Iike to explain how our permitting authorities apply to the activities associated with the proposed chip null First, the NPDES general stormwater permit issued for this type of facility is targeted at a very specific pollution problem Stormwater NPDES permits are required only for point source discharges of stormwater associated with an industrial activity There are various categories of industrial activity defined by the federal requirements, including Lumber and Wood Products In the absence of a point source discharge these permit requirements do not apply Most often forestry practices result in nonpoint source pollution rather than point source The Division of Forest Resources is the designated lead agency responsible for nonpoint source pollution control associated with forestry activities A number of the concerns you raised are related to the nonpoint source pollution issues While they are certainly valid issues and concerns, I hope you can recognize that they are beyond the scope and authority of our stormwater permit However, I also want to assure you that these issues do not go unaddressed The Division of Forest Resources is P O Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Ms Lynne Faltraco Page 2 January 14, 1997 very active in assuring that proper management practices for nonpoint source control are implemented for all forestry activities If you have any questions concerning forestry practices you can contact the Division of Forest Resources at (919) 733-2162 In addition to forestry practices, sedimentation and erosion control provisions are required for construction activities in North Carolina This program is implemented by the Division of Land Resources An Erosion and Sedimentation Control Plan must be approved for construction activities disturbing more than one acre of land If you have questions on this process and how it might apply to the Broad River Chip Mill you can contact the Division of Land Resources at (919) 733-4574 In your letter you specifically requested responses to a number of questions I believe that the information below addresses these items You requested information concerning the involvement of Mr Bob Jordan in the Broad River Chip Company As stated in my previous letter to you, the original permit was issued to the Jordan Lumber Company as the owner of the proposed mill Mr Jordan submitted the original stormwater permit application and indicated on this form that he was president of Broad River Chip Company Through information submitted in the modification process it is our understanding that Mr Jordan has recently sold his interest in the company to Willamette Industries and is no longer an officer or stockholder in the company If you would like additional information on the Broad River Chip Company's structure, we would recommend that you contact the North Carolina Secretary of State's Corporations Division at (919) 733-4201 Your letter also requested information concerning a letter submitted by DWQ to Mr Marvin D Cooper On the ownership change forms submitted to our office, Mr Cooper is designated as the person legally responsible for the requested pernut There are a large number of industries in North Carolina whose parent company's are actually located in other states Under these situations it is not unusual that the environmental matters are handled through groups or divisions at the parent location Therefore, it is not unusual for permits from DWQ to be sent to an out of state parent facility, particularly where the facility has yet to be constructed As mentioned in your letter, the NCG040000 general permit expires on August 31, 1997 Broad River Chip Company is covered for their stormwater discharge under this general permit The expiration you referred to is for the general permit itself, not a certificate of coverage issued under the general permit A certificate of coverage continues in effect until the general permit is revoked or terminated In addition, an expired general permit continues in effect until it is reissued or a new general permit is issued These permit conditions are spelled out in Part II Section B of the General Permit We are currently working to rewrite and reissue a number of general permits that expire in 1997 All of these general permits, as well as any rules related to these permits, must go through standard public notice procedures This allows opportunities for interested parties to comment on the structure and content of the general permits The staff plan to have draft versions of the general permits and other information prepared for public notice in early 1997 Results of any cumulative impact studies for this proposed null and its activities were also requested in your letter No studies of this type were required for the proposed chip mill Based on the quality of existing programs we do not feel that a secondary impact study is warranted As mentioned in my earlier letter, the North Carolina Division of Forest Resources administers a program which requires appropriate Best Management Practices (BMPs) during the process of tree harvesting These BMPs are designed to protect surface waters and protect water quality The Division of Forest Resources is the designated lead agency in North Carolina for addressing water quality impacts associated with forestry activities Based on the past compliance records with forestry BMPs we do not feel that additional studies or requirements are necessary Ms Lynne Faltraco Page 3 January 14, 1997 Your letter also discussed the need for adequate compliance assurance under this pernut The Division of Water Quality works very hard to ensure that members of the regulated community comply with our requirements We will make every effort to insure that the Broad River Chip Company Mill, if built, is operated in compliance with the laws and regulations assigned to us for administration I am confident the other agencies that will have responsibility over related activities, including the Division of Land Resources and the Division of Forest Resources, will do likewise I hope that with this letter I have been able to satisfactorily answer your questions If you have additional questions or require additional clarification on any of these issues, please contact Bradley Bennett of my staff at (919) 733-5083 extension 525 Sinc rely, A Preston How P E cc Linda Rimer, Assistant Secretary, Department of Environment, Health and Natural Resources Stan Adams, Director, Division of Forest Resources Charles Gardner, Director, Division of Land Resources Steve Tedder, Water Quality Section Chief, Division of Water Quality Roy Davis, Regional Supervisor, Asheville Regional Office Bradley Bennett, Stormwater Group, Division of Water Quality 'r ` State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director Ms Lynne Faltraco The Concerned Citizens of Rutherford County Post Office Box 388 Union Mills, North Carolina 28167 Dear Ms Faltraco &4.1 IDEHNF=1 December 20, 1996 Subject Proposed Broad River Chip Mill Willamette Industries, Inc Rutherford County This letter is in response to your November 5, 1996 letter concerning the stormwater permit for Broad River Chip Company The modified permit (NCG040302) was issued by the Division of Water Quality (DWQ) on October 16, 1996 In making the determination to issue this permit, DWQ has taken into consideration the similarity of this proposed activity to other activities currently covered under the NCG040000 general permit In addition, we have reviewed information related to Willamette Industries' record of environmental compliance We have found no basis to justify denial of the requested permit Our review of Willamette's compliance records indicates that they have experienced similar problems to complying with environmental requirements that other large industries operating many different manufacturing facilities have experienced We feel that our basis for denial of a permit, in accordance with our Statutory authorities, is limited to those situations where existing regulatory requirements are not deemed appropriate to mitigate the impacts of the proposed activities This is not the case for the Broad River Chip Company or any similar facility The stormwater pollution prevention plan and other requirements of the stormwater general permit are sufficient to control the potential environmental impacts of the chip mill The water quality impacts of tree harvesting activities in North Carolina are equally well controlled through required forestry practices The management practices in both of these areas are well documented Before addressing sorne specific questions in your letter, I would like to explain how our permitting authorities apply to the activities associated with the proposed chip mill First, the NPDES general stormwater permit issued for this type of facility is targeted at a very specific pollution problem Stormwater NPDES permits are required only foi point source discharges of stormwater associated with an industrial activity There are various categories of industrial activity defined by the federal requirements, including Lumber and Wood Pioducts In the absence of a point source discharge these permit requirements do not apply Most often forestry practices result in nonpoint source pollution tather than point source The Division of Foicst Resources is the designated lead agency responsible for nonpoint source pollution control associated with forestry activitie4 A number of the concern~ you iai,,ed P O Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Ms Lynne Faltraco Page 2 December 20, 1996 are related to the nonpoint source pollution issues While they are certainly valid issues and concerns, I hope you can recognize that they are beyond the scope and authority of our stormwater permit However, I also want to assure you that these issues do not go unaddressed The Division of Forest Resources is very active to assuring that proper management practices for nonpoint source control are implemented for all forestry activities If you have any questions concerning forestry practices you can contact the Division of Forest Resources at (919) 733-2162 In your letter you specifically requested responses to a number of questions I believe that the information below addresses these items You requested information concerning the involvement of Mr Bob Jordan in the Broad River Chip Company As stated in my previous letter to you, the original permit was issued to the Jordan Lumber Company as the owner of the proposed mill Mr Jordan submitted the onginal stormwater permit application and indicated on this form that he was president of Broad River Chip Company Through information submitted in the modification process it is our understanding that Mr Jordan has recently sold his interest in the company to Wilhamette Industries and is no longer an officer or stockholder in the company If you would like additional information on the Broad River Chip Company's structure, we would recommend that you contact the North Carolina Secretary of State's Corporations Division at (919) 733-4201 Your letter also requested information concerning a letter submitted by DWQ to Mr Marvin D Cooper On the ownership change forms submitted to our office, Mr Cooper is designated as the person legally responsible for the requested permit There are a large number of industries in North Carolina whose parent company's are actually located in other states Under these situations it is not unusual that the environmental matters are handled through groups of divisions at the parent location Therefore, it is not unusual for permits from DWQ to be sent to an out of state parent facility, particularly where the facility has yet to be constructed As mentioned in your letter, the NCG040000 general permit expires on August 31, 1997 Broad River Chip Company is covered for their stormwater discharge under this general permit The expiration you referred to is for the general permit itself, not a certificate of coverage issued under the general permit A certificate of coverage continues in effect until the general permit is revoked or terminated In addition, an expired general permit continues in effect until it is reissued or a new general permit is issued These permit conditions are spelled out in Part II Section B of the General Permit We are currently working to rewrite and reissue a number of general permit that expire in 1997 All of these general permits, or any rules related to these permits, must go through the public notice procedure This allows opportunities for interested parties to comment on the structure and content of the general permits, The staff plan to have draft versions of general permits and other information prepared for public notice in early 1997 Your letter discusses the potential need for an environmental impact statement (EIS), sedimentation and erosion control plan or NPDES permit for this project The State Environmental Policy Act (SEPA) requires that consideration be given to preparing reports concerning the environmental aspects and consequences of actions involving the expenditure of public funds (not including expenditure of funds to issue permits, certificates, etc ) The Broad River Chip Company is a private project and not subject to the State Environmental Policy Act Sedimentation and erosion control provisions are required for construction activities in North Carolina This program is implemented by the Division of Land Resources An Erosion and Sedimentation Control Plan must be approved for construction activities disturbing more than one acre of land If you have questions on this process and how it might apply to the Broad Rivet Chip Mill you can contact the Division of Land Resources at (919) 733-4574 Ms Lynne Faltraco Page 3 December 20, 1996 Results of any cumulative impact studies for this proposed null and its activities were also requested in your letter No studies of this type were required for the proposed chip null and, given the existing programs currently in place, it is not felt by our Division that this type of study is required As mentioned in my earlier letter, the North Carolina Division of Forest Resources administers a program which requires appropriate Best Management Practices (BMPs) during the process of tree harvesting These BMPs are designed to protect surface waters and protect water quality The Division of Forest Resources is the designated lead agency in North Carolina for addressing water quality impacts associated with forestry activities Based on the past compliance records with forestry BMPs we did not feel that additional studies or requirements were necessary Your letter also discussed the need for adequate compliance assurance under this permit The Division of Water Quality works very hard to ensure that members of the regulated community comply with our requirements We will make every effort to insure that the Broad River Chip Company Mill, if built, is operated in compliance with the laws and regulations assigned to us for administration This is also true of the other agencies that will have responsibility over related activities including the Division of Land Resources and the Division of Forest Resources I hope that with this letter I have been able to satisfactorily answer your questions Sincerely, A Preston Howard, Jr, P E cc Linda Rimer, Assistant Secretary, Department of Environment, Health and Natural Resources Stan Adams, Director, Division of Forest Resources Charles Gardner, Director, Division of Land Resources Steve Tedder, Water Quality Section Chief, Division of Water Quality Roy Davis, Regional Supervisor, Asheville Regional Office State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director Ms Lynne Faltraco The Concerned Citizens of Rutherford County Post Office Box 388 Union Mills, North Carolina 28167 Dear Ms Faltraco A NX.AA 'T4 MOM I DEHNF1 December 13, 1996 Subject Proposed Broad River Chip Mill Willamette Industries, Inc Rutherford County This letter is in response to your November 5, 1996 letter concerning the stormwater permit for Braod River Chip Company The modified permit (NCG040302) was issued by the Division of Water Quality (DWQ) on October 16, 1996 In making the determination to issue this permit, DWQ has taken into consideration the similarity of this proposed activity to other activities currently covered under the NCGO40000 general permit In addition, we have reviewed infomation related to Willamette Industries' record of environmental compliance We have found no basis to justify not denial of the requested permit Willamette has experienced about the same problems with complying with environmental requirements where ever they operate as have other large industries operating many different manufacturing facilities We feel that our basis for denial of a permit, in accordance with our statutory authorities, is limited to those situations where existing regulatory requirements are not deemed appropriate to mitigate the impacts of the proposed activities This is not the case for the Broad River Chip Company or any similar facility We feel that the stormwater pollution prevention plan and other requirements of the stormwater general permit are sufficient to control the potential environmental impacts of the chip mill The water quality impacts of tree harvesting activities in North Carolina are equally well controlled through required forestry practices The management practices in both of these areas are well documented Before addressing some specific questions in your letter, I would like to explain how our permitting authorities apply to the activities associated with the proposed chip mill First of all, the NPDES general stormwater permit issued for this facility is targetted at a very specific pollution problem Stormwater NPDES permits are required only for point source discharges of stormwater associated with an industrial activity There are various categories of industrial activity defined by the federal requirements, including Lumber and Wood Products In the absence of a point source discharge these permit requirements do not apply Most often forestry practices result in nonpoint source pollution rather than point source The Division of Forest Resources is the designated lead agency responsible for nonpoint source pollution control for forestry activities I feel that a number of your concerns are related P 0 Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Ms Lynn Faltraco Page 2 December 17, 1996 to the nonpoint source pollution issues While they are certainly valid issues and concerns, I hope you can recognize that they are beyond the scope and authority of our stormwater permit I also want to assure you that these issues do not go unaddressed The Division of Forest Resources is very active in assuring that proper management practices for nonpoint source control are implementd for all forestry activities In your letter you specifically requested responses to a number of questions I believe that the information below addresses these items You requested information concerning the involvement of Mr Bob Jordan in the Broad River Chip Company As stated in my previous letter to you, the original permit was issued with Jordan Lumber company as the owner of the proposed mill Mr Jordan subrrutted the original stormwater permit application and indicated on this form that he was president of Broad River Chip Company Through infromation subrrutted in the modification proces it is our understanding that Mr Jordan has recently sold lus interst in the company to Williamette Industries and is no longer an officer or stockholder in the company If you would like additional information on the Broad River Chip Company's structure, we would recommend that you contact the North Carolina Secretary of State's Coporations Division at (919) 733-4201 Your letter also requested information concerning a letter submitted by DWQ to Mr Marvin D Cooper On ownership change forms for this permit submitted to our office Mr Cooper is designated as the person legally responsible for the requested permit There are a large number of industries in North Carolina whose parent company's are actually located in other states Under these situations it is not unusual the all environmental matters are handled through groups or divisions at this parent location Therefore, it is not unusual that permits from DWQ to be sent to an out of state parent facility As mentioned in your letter, the NCG040000 general permit expires on August 31, 1997 This expiration is for the general permit itself, not a certificate of coverage issued under the general perrrut A certificate of coverage continues in effect until the gerneral permit is revoked or terminated In addition, an expired general permit continues in effect until it is reissued or a new general permit is issued These permit conditions are spelled out in Part 11 Section B of the General Permit We are currently working to rewrite and reissued a number of general permit that expire in 1997 All of these general permits, or any rules related to these permits, must go through the public notice procedure This allows interested parties to comment on the structure of the general permits Your letter discusses the potential need for an environmental impact statement (EIS), sedimentation and erosion control plan or NPDES permit for this project Environmental Impact Statements are required for projects that involve the expenditure of public funds The Broad River Chip Company is a private project and not subject to the State Environmental Policy Act Sedimentation and erosion control provisions are required for construction activities in North Carolina This program is implemented by the Division of Land Resources If you have question on this process and how it might apply to the Broad River Chip Mill you can contact Mel] Nevils at (919) 733-4574 In terms of NPDES permit requirements, General Permit NCG040000 is a NPDES permit Broad River Chip Company is covered for their stormwater discharge under tlus general permit Results of any cummulative impact studies for this proposed mill and its activities were also requested in your letter No studies of this type were required for the proposed chip mill and, given the existing programs currently in place, it is not felt by our Division that this type of study is required As mentioned in my earlier letter, the North Carolina Division of Forest Resources administers a program which iequires appropriate Best Management Practices (BMPs) during the process of tree harvesting These BMPs are designed to protect surface waters and protect water quality The Division of Forest Resources is the designated lead agency in North Carolina for addressing water quality impacts associated with forestry activities Based on the past compliance records with foiestry BMPs we did not feel that additional study or requirrrients were necessary Ms Lynn Faltraco Page 3 December 17, 1996 Your letter also discussed the need for adequate compliance assurance under this permit The Division of Water Quality works very hard to ensure that members of the regulated community to comply with our requirements We will make every effort to insure that the Broad River Chip Company Hill, if built, is operated in compliance with the laws and regulations assigned to us for adn-unistration This is also true of the other agencies that will have responsibility over related activities including the Division of Land Resources and the Division of Forest Resources I hope that with this letter I have been able to satisfactonly answer your questions Sincerely, A Preston Howard, Jr , P E xc Steve Tedder Richard Phillips Roy Davis Roger Edwards Bradley Bennett Nann Guthrie Nov 15 1996 WATEP O't,VIAL#TY Preston Howard t ION r`" � � Director, Environmental Management Cominission i North Carolina Deparhaiernt of Environment, Health, and Natural Resources Archdale Building 512 N Salisbury Street Raleigh, North Carolina 27604 November 5, 1996 Dear Mr Howard IDIV Ol= WATER-QUALT Y 1D!I9ECT.QR' ,UFFJOE After waiting for two months for your reply to oui letters -we want to c lear tip a few points 1 It is true that the operation of the proposed chip null is not sun liar to other operations such asp particle board plant However, that was not rily irnplrcatroti in send►ng the informa.tiorn for you tci' review My intention was to provide you with information to untorni you of Willamette Industries? notorious track record of non-conipluince ui all areas of company management a Continuous unfavorable labor relations in Kingsport, Termessee With approximately =� seventy cases pending, these suits uivolve tine Civil Rights Act of 1964, the: Age Discrimination and Employment Act, the Aniencatis with Disabilities Act, And the Equal Pay Act Numerous OSHA violations have occurred already resulting ni one death that coiild and should have been prevented' b Lack of noncompliance to EPA and OSHA regulation m Malvem, Arkansas Contamination by formaldehyde, fiber emissions, volatile organic compounds and other illegal chemicals and/or pollutants into the air are just a few of the reasons why there are currently sixty- five lawsuits pending against Willamette Industries from the Maivem Community Dust particles frorYn this medium density fiberboard plant can travel within a 18-mule radius c In the cominunnty of Lantz Comers, Pennsylvania, excessive noise levels, water quality, increased truck traffic, and devaluation of properties are lust a few of the concerns of residents in this area This area projects upwards of 17,000 acres of forest clearcut yearly and a cancer rate ten times lug,her than normal d In Johnsonburg, Perutsylvatua, Willamette tndustnes released "black liquor' This is a caustic substance that accumulated on snow while children were playing The "accident" was reported by citizens not Willamette Industries Based on 1993 releases, this plant was dumping a total of 1,010,415 }.sounds of various chemicals into the air, land, and directly into the waters of the Clarion River We would be glad to provide further documentation on each of these cases It is not what Willamette Industries will bruig to Rutherford County, it is what Willamette Industries is all about Their continuous record of unethical behavior and non-cornphance is certainly not a company that North Carolina can be proud of ---this is an industry that North Carolina should be frightened of The potential water impacts will adversely affect our watershed in the next 5-10 years This pennit OPGO40000 allows run off into an unnamed tributary to the Second Broad River Doesn't it stand to reason that eventually all the surrounding residents water sources will be affected, especially since Forest City gets its drinking water from the Second Broad River? With the proposed chip mull extracting 350,000-400,000 tons per year of chips, that is a lot of logs sitting around in the yard being sprayed with water constantly Ruin off and tannic acid seeping into the ground eventually runnmg to this unnamed tributary affecting hundreds of people's every day drinking water should definitely be a serious concern of your department The residents of this county have a right to know how and where their source of drinking water is coming from As far as the issue of Best Management Practices, the premise of extensive clearcuttmg within the proposed 60 mile radius, will certainly make sustainable harvest areas a problem We are not talking about selective clearcutting, but clearcutting that by the very nature of the machinery, time frame, and money will be devastating to North Carolina All one has to do is look at the Pacific Northwest to know that the very reason why Willamette Indiistrnes is in the Southeast in because they have clearcut the western part of the United States This corporation must now wait another 15-20 years before these forests are able to produce any kind of wood timber Tourism is a nearly $60 million industry in Rutherford County along with 670 job,, that depend on this industry What will happen to this industry and these jobs if tourists stop coming to Western North Carolina to vacation? It is true thus issue should have never gone taus far -it is a zoning issue- our county does not have zoning This no zoning -regulation is one of the reasons why Bob Jordan and Willamette Industries chase this site They felt that they could just sneak into this community acid the residents would never even know the difference Well, they were both very wrong Our local government of County C"omnussioners and the Economic Development Coinirussion should have stopped tlus clip null last Year when they had the chance However, since they did not, we have appealed to you and your agency in hopes that you would help stop this atrocity and do what is ethically and politically correct I have a few questions which I hope that you will address 1 What is Bob Jordan's involvement in the Broad River Chip Mill? We would for once appreciate an honest and forthcoming answer 2 Why was a letter concerning the General Permit No NCCT04000 sent to Mr Marvin D Copper, who is the Group Vice President of the Bennettsville, South Carolina Pulp and Paper Plant? What is his interest in this North Carolina permit? 3 On the General Permit to Discharge Stormwater (under the National Pollutant Discharge Elimination System), the expiration date is listed "at mudrught on August 31, 1997" What happens if Willamette Industries should build this proposed clip null and they Lonti.nue to discharge nito the "u n named tributary to the Second Broad River"? Does that mean that we (CCRC) can demand that DEHNR investigate the violation of this NCG04000 permit? Could it be possible that you have made a mistake in making your decision regarding this "unnamed tributary"'? 4 What about the requirements of the Clean Streams Law to perform site excavation and the possibility of locating the plant in a "sensitive headwater area., wetland and upland recharge zone for local aquifer" without having filed an environmental impact statement, erosion and sedimentation plan, NPDES permmt or public input? 5 Has there actually been a cumulative impact study of Willamette Industres' operations done on the community and the environment surrounding the proposed chip wood mill? If so, would you please send us a copy of the study? If this has not been done, then would you please notify us, so that we may take the proper steps to unsure that this study be done accurately, honestly, and as soon as possible? 6 If in the event that this proposed chip wood null does come to Unuu7 Mills, what lands of guarantees do we, the residents of Rutherford County have, that DEIINTR will remedy violations through criminal prosecution, fines, denial of pemuts and restoration of the wetland areas? 7 And agaun, we would request that you investigate very closely Willamette Industries continual track record of continuous nosi-comphance 1 realize that this is a very long letter with numerous questions said requests, but I also hope that you will realize that this issue is of very grave concern to the residents of this corrununity, and that you will keep this is mind while you carefully answer this letter Thank you for your attention to this letter S eel , Ly ie Faltraco-CCRC^-The Concerned Citizens of Rutherford County PO Box 388 Union Mills, North Carolina 28167 cc Governor James B Hunt Robert Luckadoo, Chan -ix n, Rutherford County Conuinission.ers Jim Black, Economic Development Comirassnon Roger Edwards, Wastewater Consultant, DEHNR Jonathan Howes, Secretary, Department of Environment, Health, and Natural Resources 9 5 State of North Carolina Department of Environment, W, A Health and Natural Resources 0 0 Division of Water Quality A&�J James B Hunt, Jr, Governor Jonathan B Howes, Secretary E) C H N F1 A Preston Howard, Jr , P E , Director October 16, 1996 Ms Lynn Faltraco Concerned Citizens of Rutherford County P O Box 388 Union Mills, North Carolina 28167 Subject Broad River Chip Company General Permit No NCG040000 Rutherford County Dear Ms Faltraco This is in response to your letter to me dated August 8, 1996, and your letter to Secretary Jonathan Howes dated August 26, 1992 in which you discussed the chip mill Willamette Industries, Inc is proposing to construct near Union Mills in Rutherford County This chip mill would be constructed and operated by the Broad River Chip Company which is now owned by Willamette Broad River Chip Company was purchased by Willamette from Jordan Lumber Company in January of this year This Division issued a Certificate of Coverage to the Broad River Chip Company on October 20, 1995 while it was still owned by Jordan Lumber Company, allowing the discharge of stormwater under the provisions of General Permit NCG040000 As a result of the change of ownership Willamette Industries has made application for reissuance of this Certificate of Coverage to reflect the change As you suggested, Willamette's environmental compliance record has been considered in the processing of this application General Permits are sent to public notice when first issued for specific categones of activity Such categories are chosen on the basis of having minimal potential to adversely impact the quality of our surface water Subsequent issuance of Certificates of Coverage for specific projects within each category does not require further public notice Willamette's application to reissue the Certificate of Coverage under General Permit NCG040000 based on the change in ownership does not require additional public notice Staffs review of the proposed Broad River Chip Mill operation resulted in the determination that the activity is not significantly different from other operations to whom coverage under the general permit permit has been granted Additionally, the other instances of Williamette Industry's noncompliance, information which was provided with your letter, were documented at wood process manufacturing operations (Clean Air Act violations associated with a pulp and paper mill and several particle board operations) After reviewing this information, I have made the determination that the clop mill operation is not similar to these operations at which the instances of noncompliance have occurred The potential water quality impacts of the harvesting of trees in this State are addressed by Best Management Practices administered by the North Carolina Division of Forest Resources The purpose of these Best Management Practices is to protect streams in and around harvest areas Neither the operation of the chip mill, if built, nor the removal of trees to supply the mill, if carried out in accordance with Best Management Practices, have significant potential to adversely impact surface waters It is our view that the location of a chip mill is primarily a zoning issue which should more properly be addressed by local government Therefore, I have decided to approve the requested application for reissuance for the change in ownership P 0 Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper Ms Lynn Faltraco October 16, 1996 Page two If you wish to discuss this matter further I would suggest you contact Mr Roy Davis, our Regional Supervisor in the Asheville Regional office at telephone number (704) 251-6208 Thank you for taking the time to make your thoughts known to us Sincerely, A re Howard 3 E cc Robert Luckadoo, Chairman, Rutherford County Commissioners Stan Adams, Director, Division of Forest Resources Tommy Thompson Roy M Davis Roger C Edwards State of North Carolina Department of Environment, Health and Natural Resources JarnesB Hunt, Jr, Governor Jonathan B Howes, Secretary Steven J Levitas, Deputy Secretary Divitiion of Water Quality Water Quality SUtsOn P O Box 29535 Raleigh, N C 27626-0535 PAX (919) 733-9919 FAX TO 'Ro,q Z)a v i S . /I Ea I FAX NUMBER f FROM "Bradley 'Br n vv-N Pl-iONI-7 (919)733-�083 X5.25 NO OF PAGI-S INCLUDING THIS SHEET" Jr State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality 512 North Salisbury Street • Raleigh, North Carolina 27611 James B Hunt Jr, Governor Facsimile Cover Sheet To: Alitew _Gros e Fax: From '3 radIry +ge►9nv Phone (919) 733-5083 X 5a5 Fax (919) 733-0719 q pages, including this cover sheet Comments Jonathan B Howes, Secretary Regicnal Offices Ashesthe Fayette ilie Moores%Ille Ralei-h Washino4on Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays PO Box 29535, Raleigh North Carolina 27626-0535 Telephone 919-733-7015 Fax 919-733-9919 An Equal Opportunity Affirmance Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality 512 North Salisbury Street • Raleigh North Carolina 27611 Jaynes B Hunt, Jr , Governor Jonathan B Howes, Secretary Facsimile Cover Sheet To. IRO er FjWO(j S �_ Fax: _�------------------------ From )3r(Aj I-eY zeriw74 Phone (919) 733-5083 X Sa 5 Fax (919) 733-0719 Comments 5 pages, Including this cover sheet IRt(rional 01ftcc,, \Ot.illc 1 \IooaNN iIIc ]ZAcilt Washtn-ion Wiln1tn-ion WtnSlon-Salem 71)4/251 0201S 919/41 6 1541 704/66; 1699 919/571 4700 919/9-46-6-+81 9191395-1900 919/896-7007 Pollution Pretentrnn Pars P () Bn\ 29515 R.duig;h \orth C arolina 27626-0535 ldc-phone 919- 33-7015 1 i\ tt 19 73 i-9919 Ai) FOLI, I Oppotninity AfFmn n[ c Action Fmpic.�r State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director 17 A&4 a 'dill, Aff;lk C)EHNR WATER QUALITY SECTION PERMI1 NAME/OWNERSHIP CHANGE FORM :: ► :u ► �:u. t1► errnit Number N 0 14 10 13 LO 1 Permit holder's name Broad River Chip Company t� 2 Permit's signing official's name and title (Person legally responsible for pemut) (Title) 3 Mailingaddress. P.O. Box 98 City, Mt. Gilead State, NC Zip Code. 27306 Phone ( 910 ), 439-6121 II. NEW _QWNERINAME INEORMATISL Sw�� v M1 J it 1 This request for a name change is a result of .!-a. Change to ownership of property/company _b Name change only G X c Other (please explain), Same Corporation as before - Jordan Limber & Su_Wjv has sold all;. of its stock ta-Willay-tte Tn strieG_.TUC_ and Robert B. Jordan is not an officer or stockholder of corporation now. 2 New owner's name (narne to be put on permit) ( Same) Broad River Chip Company 3 New owner's or signing official's name and title , NO I�ZD � ��L (Person legally responsible for perrrut) Group Vice President, Pulp & Paper 4 Marling address PO Box 678 City Bennettsvil e) State._ _ SC __ - Zip Code 29512 Phone ( 803 ) T 479-0200 Mills 0- THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS 1 This completed application 2 Processing fee of $100 00 (Checks to be made payable to DEHNR) 3 If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) CERTIFICATION MUST BE COMPLETED AND SIGNED BY )BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION, Current Permittee's Cer0restion: I, I-AJAitl f� , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge I understand that if all required parts of this application arc t comple an that if all required supporting udormation and attachments are not included, this applic package ill returned as incomplete. A AIF Signature Date f2 Applicant's Certification: 1,^ Marvin D . Cooper , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting mformation and attachments are not included, this application package will be returned as incomplete Signature, �J - Date r % 7 6 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS North Carolina Division of Environmental Management Water Quality Section Permits and Engineering Unit P.O. Box 29S3S Raleigh, North Carolina 27626-OS3S Telephone: (919) 733-5083 Fax: (919) 733-0719 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director October 16, 1996 Mr Marvin D Cooper Williamette Industries, Inc P O Box 678 Bennettsville, SC 29512 LT1.9;VJ ,&7461 a IL EDEHNR Subject General Permit No NCGO40000 Broad River Chip Company COC NCGO40302 Rutherford County Dear Mr Cooper In accordance with the Jordan Lumber and Supply, Inc request dated September 4, 1996, we are forwarding herewith the modified Certificate of Coverage page for the subject facility The change in this permit is in ownership All other terms and conditions in the original permit remain unchaged and in full effect Such terms and conditions include the original completion date for the Stormwater Pollution Prevention Plan on October 20, 1996 This permit is issued pursuant to the requirements of North Carolina General Statute 143- 215 1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983 If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application Unless such demand is made, this certificate of coverage shall be final and binding Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, 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 Steve Ulmer at telephone number 919/733- 5083 extension 545 Sinc el , A Preston Howard , P E cc Asheville Regional Office Compliance - ISB Central Files Permits and Engineering, File NCG04302 P O Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG040000 CERTIFICATE OF COVERAGE NO. NCG040302 STORMWATER DISCHARGE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215 1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Broad River Chip Company is hereby authorized to discharge stormwater from a facility located at Centennial Road Union Mills Rutherford County to receiving waters designated as an unnamed tributary to the Second Broad River, a class WS-IV stream in the Broad River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV of General Permit No NCGO40000 This Certificate of Coverage shall become effective October 16, 1996 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this day October 16, 1996 A Preston Howard, Jr, P E , Q1LL'LWFJ Division of Water Quality By Authority of the Environmental Management Commission 08/15/1996 07 24 7042516452 PAGE 01 {ry ) W V� Concerned Citizens of Rutherford County P.O. Box 388, Union Mills, NC 28167 (704) 287-4429 or (704) 266-1130 Roger Edwards Water Quality Section. Division of Environmental Management 69 woodf,n Place Asheville, NC 28801 August 8, 1996 Dear Mr. Edwards Please find enclosed a copy of a request recently sent to Mr Preston Howard s r from the Concerned Citizens of Rutherford County (CCRC). f-- w i r if you have any questions concerning the enclosed materials, please feel free; " to contact CCRC at the address or numbers given above. Thank you for your consideration of this matter._ Sincerely, the members of CCRC ==, r�V\ 08/15/1996 07.24 7042516452 PAGE 02 Concerned Citizens of Rutherford County P.O. Box 388, Union Mills, NC 28167 (704) 287-4429 or (704) 286-1130 Preston Howard Director, Environmental Management Commission North Carolina Department of Environment, Health, and Natural Resources Archdale Bldg., 512 N. Salisbury St. Raleigh, NC 27604 August 8, 1996 Dear Mr. Howard: I am writing on behalf of the Concerned Citizens of Rutherford County in order to request that you exercise your authority to conduct: (1) a review of Willamette Industries' history of failure to comply with environmental laws, (2) an analysis of the cumulative impacts of Willamette Industries' proposed chip mill for Rutherford County, and (3) a public hearing in which the above information can be openly disseminated and discussed. In June of 1995, our former lieutenant governor, Robert Jordan, announced plans to build the Broad River Chip Company in a quiet residential area of Union Mills. Mr Jordan obtained a stormwater discharge permit (General Permit No. NCG040000) for the Broad River Chip Company in October of 1995. To our knowledge, this is the only environmental permit required at the state level for this facility. in January of 1996, it was announced that Mr. Jordan had sold the Broad River Chip Company to Willamette Industries, Inc. of Portland, Oregon. However, as of June 24, 1996, the regional office of the Water Quality Division had not been notified of this change in ownership. To the best of our knowledge, you have the authority to reopen general permits such as the one obtained by the Broad River Chip Company Under the regulations governing the NPDES General Permit No. NCG040000, it states that the iAuance of the general permit does not prevent the Director from reopening and modifying the 9eneral permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the Forth Carolina Administrative Code, Subchapter 2H .0100, and North Carolina General Statute 143-215 1 at. al. (NPDES General Permit No NCG040000, p. 19.) The Concerned Citizens of Rutherford County request that you reopen the stormwater discharge permit issued to the Broad River Chip Company in order to consider the cumulative impacts of the proposed chip mill and to examine Willamette Industries' history of non-compliance with environmental laws. 08/15/1996 07 24 7042516452 PAGE 09 Our {primary concern about the proposed chip mill is Willamette Industries' history of non-compliance with environmental regulations. We have enclosed some information on the company's history. It is our understanding that the Environmental Management Commission has the authority, To require that an applicant satisfy the Department that the applicant, or any parent, subsidiary, or other affiliate of the applicant or parent: ...2. Has substantially complied with the effluent standards and limitations and waste management treatment practices applicable to any activity in which the applicant has been previously engaged, and has been in substantial compliance with other federal and state laws, regulations, and rules for the protection of the environment. (North Carolina General Statutes Art 21, sect. 143-215.1(b)(4)(b).) The Concerned Citizens of Rutherford County request that the Commission exercise this authority with respect to Broad River Chip Company, Willamette Industries, and any subsidiaries or affiliates of these corporations. Our other concern about the proposed chip mill is the cumulative effects that it will have on the region's watersheds due to the clearcutting that the mill's presence will encourage. Furthermore, we are concerned about the industrial facilities that are likely to follow this chip mill into our community, and the impacts that this further development will have on the near -by Second Broad River. It is our understanding that the Environmental Management Commission is responsible for considering the cumulative effects of permit decisions: The Commission shall also act on all permits so as to prevent violation of water quality standards due to the cumulative effects of permit decisions. (North Carolina General Statutes Art. 21 sect 143-215 1(b)(2).) We request that the Commission assess the cumulative effects of any permit decisions concerning Willamette Industries' proposed chip mill for Rutherford County. Finally, we request that the Commission hold a public hearing in which the above information concerning Willamette Industries and their proposed chip mill can be discussed. We understand that the Commission has the authority to conduct such hearings pursuant to North Carolina General Statutes Art. 21 sect. 143-215.3(a)(3). Thank you for your consideration of this matter. 08/15/1996 07 24 7042516452 w PACE 03 enclosures' (1) A copy of the petition circulated by CCRC. (2) Articles concerning Willamette Industries' environmental history copies to, Jonathan B. Howes Secretary, North Carolina Department of Environment, Health, and Natural Resources Archdale Bldg , 612 N. Salisbury St Raleigh, NC 27604 Debbie Crane Public Affairs, North Carolina Department of Environment, Health, and Natural Resources Archdale Bldg., 512 N. Salisbury St. Raleigh, NC 21604 Roger Edwards Water Quality Section, Division of Environmental Management 59 Woodfin Place Asheville, NC 28801 08/15/1996 07 24 7042516452 1�"" PAGE04 ` ? � A)e �lt� ! ti /[r t f c c1 O cN-i' % S /�'YT ck.�u� td 45 In view of the devastating impact that Willamette Industries' Rutherford County Chipmill will have on our forests and communities, we the undersigned do hereby express our opposition to the miffs' construction and operation. ea (H=ernLIudezjMjg&j Phan_e.0 4. 9. 10. 23. 25, -- Forest Removal Area: 60 mile radius Petition by: CCRC Concerned Citizens of Rutherford County Post Office ,Sox 388 Union Mills, North Carohna 28167 Phone # (704) 286-1130 Printed on recycled paper. 08/15/1996 07.24 7042516452 PAGE 05 LEVEL 1 - 5 OF 164 STORIES Copyright 1996 Little hock Newspapers, Inc. Arkansas Democrat -Gazette March 08, 1996, Friday SECTION: NEWS) Pg. 1B LENGTHt 624 words HEADLINEt PLANT CLOSES, TESTS nW POLLUTION CONTROLS BYLINE: JAKE SANDLIN, Democrat-Ga2ette Staff Writer BODY A wood products plant in Hot spring County readied for a shutdown at midnight Thursday to fulfill state pollution control xequirements and avoid a $ 1,000-a-day fine. Willamette Industries near Malvern hopes to be back in operation by Monday, once the installed equipment is interconnected and tested, company and state officials said Thursday. The voluntary shutdown stems from a Department of Pollution Control and Ecology administrative consent order Willamette agreed to last June. The ccmpany, based in Portland, Ore., manufactures a wood-oompceite material used to make furniture. Residents living near the plant have complained that tiny fiberboard particles can occasionally be seen in the air and settles on cars, houses and plants, making it difficult to stay outdoors. About 20 local residents marched outside the plant in early December to protest the air emissions. Brian Colton, Willamette's environmental manager, said the new equipment will reduce "fugitive: emissions," or dust caused by the wood shavings and wood chips unloaded by the truckload at the plant. The unloading causes particles to rise like dust does behind a car "going down a dirt road," Coston said. "What most people think of with emissions is a stroke stack with smoke pouring out of it. But there are a lot of facilities like ourselves that have fugitive emissions. This equipment will reduce emissions from the raw materials," Coston said. "This is supposed to take care of those emission problems," said Perm Shook of Pollution Control's air division. "But it's a matter of waiting and seeing." The plant's wood-manuEaoturxng products process also emits chemicals, including formaldehyde, into the air from its location on an extension of Arkansas 171 off U.S. 67 about 2/4 =lee northeast of Malvern, near the Gifford community. "At the least, there was a nuisance factor from the particle emissions," PG&E 08/15/1996 07.24 7042516452 PAGE 10 Deputy Director Tarry Wilson Said on Thursday. in September, U.S. bz$trict Court in Hot Springs ordered Willamette to pay five area residents damages totaling $ 226,500 for health problems claimed to have been caused by chemical emissions from the plant. Willamette appealed and lawyers from both sides will, go before the U.S. $th circuit court of Appeals in St. Louis on Monday for oral arguments. There are five other lawsuits against wrllamette pending on charges of personal in3ury or property damage from plant emissions. All are scheduled this spring in federal Court in Hot Springs. The farm also was fined $ 60,000 by the state in 1993 for being found to be operating outside state pollution laws. Willamette still has to install pollution control equipment this summer to control emissions from the actual manufacturing process, part of $ 7.3 million worth of improvaments. Another temporary shutdown will be scheduled for that process. "This is very much a victory of our community," said Carolyn Freeman of Gifford, who lives one-half mile from the plant and heads the community's Concerned Citizens organization that protested near the plant in December. "(The aminamone) are a nu.Laaace, you can't go out these without it covering our clothes. we can't use our patio. We can't cook out. we can't use our property." The shutdown was originally scheduled for last weekend, with operations to be back up by Thursday, Coston said, but winter weather delayed the work. Company officials requested an extension late last week, but the state denied it. The consent order from, last summer gave the company nine months to complete the process. The company's 156 employees will be assigned other tasks until the plant it fully operational again. Arkansas Democrat -Gazette, March 08, 1996 LOAD -DATE; March 08, 1996 08/15/1996 07 24 7042516452 PAGE 06 LEVEL 1 - 1 OF 164 STORIES Copyright 1996 The BuUetia The Bulletin (Bend, OR) May 31, 1996, Friday SECTION: Community PS B2 LENGTH 157 words HEADLINE- Willamette to pay Korl rme polb=cm fmc BODY Willamette Industcrc.5 tuc will pay $19,782 in fines because one of its boilers at its KorPme particleboard plant in Bend exceeded state au pollution standards The company will pay a $650 cavil penalty plus $19,132 in economic benefit" penalties Those penalties are desiped to take away the prof t a company may have gamed by not complying with the law The violation was dis+.overed last Sept=ber when the company tested its sander dust -fueled boilers One of its two bailers was omitting more The Bukletm (Bead, OR) May 31, 1996, Friday parttcukatcs than allowed. Under an agreement with the OreSon Department of Environmental Quality, WWttmette Industries will continue to operate the facility while rnodif)nng it to meet air quality rules The company bas until Oct 30 to get the Sub done Earlier this week, Willamette Industries aificaala bald they were spending about S1 million to upgrade pollution control devices on boilers at the KorPme plant. LANGUAGE, English LOAD -DATE June 1, 1996 LEVEL 1 - 5 OF 164 STORIES Copyn,glit 1996 Little Rock Newspapers, Inc Arkmsas Democrat -Gazette March 08, 1996, Friday 08/15/1996 07 24 7042516452 PAGE 07 PENNSYLVANIA The Secretary COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL, RESOURCES -Please note our new name - DEPARTMENT OF ENVIRONMENTAL PROTECTION D E P Rachel Carson State Office Building P.O. Box 2063 Harrisburg, PA 17105-2063 The honorable Dan A. Surra PA House of Representtatives House Box 202020 Harrisburg, PA 17120-2020 Dear Dan February 2, 1996 717-787-2814 < �s �yn t Thank you for your letter regarding the release of black liquor from the pulping operation at the Willamette Paper Mill to Johnsonburg, Elk County, The Department of Environmental Protection, through our Northwest Regional Office, has been working with the company since the release to clean up the material and to address procedures to prevent another incident. I will address your concerns in the order in which they were raised in your letter. Willamette hired contractors and made arrangements with a local car wash to clean homes, wash cars and clean areas contaminated by the black liquor. These actions are complete. The law requires notification of a release within 24 hours. In this instance, we were notified by an anonymous complaint and dispatched an emergency response team member to the scene. Shortly thereafter we received a call from the company. We are encouraging Willamette, in the future, to notify us as soon as possible if there should be any accidental release. Willamette has made equipment modifications to the black liquor system to prevent a repeat of the, recent release. These modifications include an upgrade of process instrumentation. in addition, the outlet of the pressure relief valve has been directed to a process tank to prevent Mack liquor from leaving the plant property if venting should occur in the future. Although black liquor is not covered by the accidental release program under the Clean Air Act, Willamette has been cooperative in evaluating their pollution prevention and contingency alternatives to prevent releases and to ensure the health and safety of the local citizens. Fortunately, there: was no permanent harm to the environment from this incident. An Equal Qppartuniiy/Affirmative Action Employer Recyaled Paper rr r 08/15/1996 07.24 7042516452 PACE 12 a . rahle Dan A. Surra -Z- February 2, 1996 I hope this information is helpful. If you have additional questions regarding this matter, please contact ma or Mr. James Rozakis, Acting Regional Director of our Northwest Regional Office, at 814-332-6816. T rely,s M. Self etary 08/15/1996 07 24 7042516452 PAGE 08 COMMONWEALTH OF PENNSYLVANIA Department of Environmental Protection Field Operations / Air Quality Frogram Northwest Regional Office CIVIL PENALTY ASSESSMENT CALCULATION Date: Feb. 8, 1996 FIRM: Willamette Industries Violation: 123 1 PLANT: Johnsonburg, Elk County Date- Nov. 11, 1995 MSTAOD: CIVIL PENALTY ASSESSMENT POLICY, Section VII Degree of Willfulness: Negligent, 't , .. Failure to exercise due care .." Step 1: Environmental Impact: Borderline baw[Moder tie Step 2: Daily Penalty Range: $1.,250 Step 3: Permitted Source: Double daily penalty; $2,500 Step 4: F a 1.0 +/- (B) 0; Department discovered (C) 0, Returned to standard (D)+0.1; FE violation in past year (F) 0; No attainment status Step 5: Financial Benefit. $0; Loss Step 6: Cost to Department: $0; Normal operations Step 7: Adausted Penalty; ((( $2,500 ) x 1 1 ] + $0 + $0 v $2, 750 Deterrent Penalty: None Other Relevant Factors: None at present Willamette is expected to submit cleanup costs for consideration, PROPOSED PENALTY - $2,750 cc Paul Tunno, water Mgt., NWRO William Snyder, Air Quality, Warren DO Donald Hanna, Water Mgt , Warren DO John Clarke, Hureau of Air Quality Control., RCSOB Case File #42-000-00009 through Francis Higgins 08/15/1996 07 24 7042516452 PAGE 11 DOCUMENT 7 OF 26 AN POR9508900026 SE BUSINESS CLM THE BOT !'OM LINE BRIEFCASE HD * WILLAMETTE INDUSTRIES AGREES IT WILL PAY HEFTY AIR POLLUTION FINE BY From staff and wire reports WC 130 Words CC 1158 Characters PD 03/29/95 SN Portland Oregonian Sc POR ED FOURTH PG C01 CAT Local Column CY (Copyright (c) The Ore$onim 1995) NS ENV LP * Portland -based Willamette Industries Inc. has agreed to pay a * $65,040 civil fine for air pollution, state officials said The fine could be reduced to $25,000 if the company builds a new system to help reduce pollution from its Albany particle board plant, where the violations occurred TD From at least March to November 1994, the company operated its boiler at the plant in a manner that created pollution beyond what is permitted by the Oregon Department of Environmental Quality The plant also failed to maintain total emissions from the facility at a previously agreed upon level The company reported the violations to the state The agreement -- to pay the fine and remedy the problem -- allows Willamette to contmue operating the plant until a new federal operating permit is issued SBJ POLLUTION DNS Environmental News 10607 * End of document