NCG240011_COMPLETE FILE - HISTORICAL_20170830

i
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V
DOC TYPE
1,9rHISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ (�"o � -7 0
YYYYMMDD

Geomoulias, Bethan
From: Randall, Mike
Sent: Wednesday, August 30, 2017 9:57 AM
To: Moore, lames; Davis, Tracy; Cole, Brad; Vinson, Toby; Georgoulias, Bethany; Riddle, Rick
L; Patterson, Robert D; Ventaloro, Julie; Alexander, Laura; Lucas, Annette
Cc: Khan, Zahid; Keen, Holliday V; Terry Watts
Subject: RE: Hickory Yard Waste NCG240011
Attachments: SENATE BILL 434.docx; NCG24-Factsheet- Revised -20111208-DWQ-SPU.pdf, NCG24-
Permit-20151001-DEMLR-SW.pdf; jm-08282017.pdf
DEQ denies the request to rescind permit NCG240011. Type 1 Large Compost Yard Waste Facilities are subject to NPDES
Stormwater Permits, i.e., the General Permit, NCG240000. See attached fact sheet, General Permit, and applicable
regulatory references as well as the narrative below.
The General Assembly of North Carolina repealed yard waste permitting requirements in SENATE BILL 434 specific to
yard waste diverted from the waste stream or collected as source separated material is NOT SUBJECT TO A SOLID
WASTE PERMIT..... Operators ... shall, however, comply with all other federal, State, or local laws, ordinances, rules,
regulations, or orders, including zoning, flood plain, and wetland restrictions, sedimentation and erosion control
requirements, and mining regulations.
Session Law 2012-200 and G.S. 143-214.7A(b) PART V. provide that type 1 solid waste compost facilities are not required
to obtain a national pollutant discharge elimination system (NPDES) permit for discharge of PROCESS WASTEWATER, i.e.,
a waste water permit.
SECTION 5. G.S. 143-214.7A(b) clarifies that STORMWATER IS water that does not contact anything considered a
feedstock, intermediate product, or final product of composting operations and WASTEWATER IS leachate and water that
contacts feedstocks, intermediate products, or final product, of composting operations.
Finally under G.S. 143-214.7A(b). A Type 1 solid waste compost facility SHALL BE SUBJECT ... FEDERAL STORMWATER
REQUIREMENTS established pursuant to 33 U.S.C. § 1342(p)(3)(B).
DEQ staff recognize that wastewater permits and the NCG240000 stormwater for industrial activities have similar
language. However, it's important to note that 1) the monitoring and testing against bench marks required under the
NCG240000 permit are for stormwater only and 2) bench marks are not effluent limits. Unlike effluent limits,
exceedance of bench marks do not subject the municipality to fines. RATHER exceeding bench marks require the City of
Hickory to evaluate the City's facilities' best management practices, and take actions to reduce pollutants from
stormwater to the Maximum Extent Practical (MEP),
While the actions that local governments take for exceeding bench marks are indeed similar to actions required by the
Phase II NPDES MS4 Permit, the State and EPA have determined that Phase II Municipal Operations subject to general or
individuals permits for industrial activities shall apply for and obtain either a general or individual permit for that
industrial activity.
The state will consider a request to modify the Phase It NPDES MS4 permit to include the following language,
"Compliance with a permitted general or individual industrial activity is compliance with the Phase it NPDES MS4
permit."
Mike Randall
Stormwater Permitting Program

NC Division of Energy, Mineral and Land Resources (DEMLR)
Land Quality Section
Stormwater Permitting
1612 Mail Service Center
Raleigh, NC 27699-1612
Office: 919-807-6374
Cell: 919-389-7801
Email correspondence to and from this address may be subject to public records lows
From: Moore, James
Sent: Monday, August 28, 2017 1:44 PM
To: Randall, Mike <[e-mail]>
Cc: Khan, Zahid <[e-mail]>; Keen, Holliday V <[e-mail]>
Subject: Hickory Yard Waste NCG240011
Mike, please see the attached letter from the City of Hickory requesting a permit rescission request. Do you think we can
rescind the permit based on G.S. 130 A-290(a). This looks like it is above my pay grade.
James Moore MRO-LQ

HICKORY
North Carolina
Public Services
May 3, 2017
Fess5
Mike Randall
Stommater Permitting Program
NC Dtv►sion of Energy, Mineral and Land Resources (DEMLR)
1612 Mail Service Center
Raleigh, NC 27699-1612
RE: City of Hickory Yard waste Facility
COC NCG240011
Dear Mr, Randall,
City of Hickory
PO Sox 398
Hickory, NC 28603
Phone:[phone]
Fax: [phone]
Email: k reer hicko nc. ov
The purpose of this correspondence is to share with you tnformatlon specific to the City of Hickory and a request
from the City of Hickory regarding the City of Hickory Yard Waste Facility. Contingent upon passage of Senate
Bill 434 in the North Carolina General Assembly, we hereby request that our Certificate of Coverage (COC)
Number NCG24D011 for our yard waste fatality under General Permit Number NCG240000 be rescinded_ This
request is based In par# upon the tang uage contained In the March 29, 2017 edition of the bill, subsection included
below tilled 'Repeal Yard Waste Permitting Requirements.' As stated in Section 1. (b), yard waste would no
longer be subject to a solid waste permit,
REPEAL YARD WASTE PERMITTING REQUIREMENTS
SECTION 1. (a) G.S. 130A-290(a) reads as rewritten:
"§ 130A-290. DeAnftions.
(a) Unless a different meaning is required by the context, the following definitions shall apply throughout
this Article:
(45)'Yard trash' means solid waste t1kv resulting from landscaping
maintesaace, pnd ygEdat a brush rasa i similar ve9ptatIve M§tertpl.
(46) "Yard waste" means Yard trash and landSWaft debris. indudino slumps. IlmIb-sleaves. Pass. and
G.S. 130A-294 is amended by adding a new subsection to read:
yard waste."
SECTION 1. (c) Thls section becomes effective July 1, 2017, and applies to the transfer, treatment,
processing, storage, or disposal of yard waste occurring on or after that date.
Coverage under NCG240000 Is based upon our yard waste facility being classified as a Type 1 Large Compost
Facility by NCDEQ. Our COC specifically references North Carolina Session Law 2012-2D00 as requiring
coverage because our facility is classified as a Type 1 Large Compost Faa7ty. However, Session Law 2012-
2000, in Part V included below, states that Type t solid waste facilities shall not be required to obtain an National
Pollutant Discharge Elimination System (NPDES) Permit solely for stomrwaler that has came into contact whh the
product of the facility.
PART V. PROVIDE THAT TYPE 1 SOLID WASTE COMPOST FACILITIES ARE NOT REQUIRED TO
OBTAIN A NATIONAL. POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR DISCHARGE
Of PROCESS WASTEWATER BASED SOLELY ON THE DISCHARGE OF STORMWATER THAT
HAS COME INTO CONTACT WITH FEEDSTOCK, INTERMEDIATE PRODUCT, OR FINAL PRODUCT
AT THE FACILITY

Mr. Mee Randall-. RE: Yard Wasla Fadray 6lomwMer Ptmul
Pg 2
SECTION 5. G.S. 143-214.7A(b) reads as rewritten:
•(b) Unless otherwise provided In this subsedion, The "Division of Water Ouality shall clarify that
stormwater Is water that does not contact anything considered a feedstock, Intermediate product. or final
product of composting operations. Unless otherwise provided in this subsectlon. The ft Division of
Water Quality shall clarity that wastewater Is leachate and water that contacts feedstocks, Intermediate
products, or final product, of composting operations. The clarifications shall incorporate available
sclentifically valid information obtained from sampling and analyses of North Carolina composting
facilities and from valid representative data from other states. In addition, the Dlvlsion of Water Quality
shall establish threshold quarTI41as of feedstocks, Intermediate products, and final products above whlch
water quality permitting will be required. A Type 1 sylid wasIl Vmpost fac I ft shalt be subject ordLw
Our COC NCGO01 I In Part II, Section B, Table 1 requires analytical monitoring of stormwater discharges_ It
specifically states that'Section B does not apply to process wastewater discharges which originate as
precipitation on materials during the manufacturing process' However, the stormwater discharges are subject to
Benchmark values in Section B, Table 3, Page 6. Therefore, the COC clearly conflicts with Seaton Law 2012-
200 In requiring analytical monitoring. The facility should only be subject to state stormwater requirements under
the Phase II NPDES Stormwater Permit NCS000426.
We believe that NCDEQ has subjected Type 1 large rrrunicipal compost facilities to wastewater permit conditions
under the COC and NCG240000. The requirements of this general permit Include monitoring and testing of
stormwater discharges against benchmarks that subject the municipalities to fires by NCDEQ if the benchmarks
are exceeded, similar to wastewater troatment plants. ❑riglnally, these facilities were only sub*t to municipal
NPDES Phase I and Phase II stormwater permits under the provisions that each municipality evaluate their
facilities and take actions to reduce pollutants from stormwater runoff.
The City of Hickory's Phase II NPDES Stormwater Permit NCS000426. Part 11, Section G, Page 11, BMP A,
requires us to Inventory all of our city facilities 'with the potentlal for generating polluted stormwater runoff.` It
further states in BMP B that we have on 'operation and maintenance program' for These facilities. We currently
have an operation and maintenance program for the yard waste facility, and an wdsting detention pond. We are
not required to perform analytical monitoring for the yard waste facility under our Phase 11 permit.
In conclusion, we request that our C06 be rescinded based first upon the fact that 4 is adequately covered for
stormwater discharges under the Phase tl NPDES stormwater permit, Second, and contingent upon passage of
Senate Bill 434. a solid waste permit would riot be required for our facility. Third, the COC directly conflicts with
Session Law 2D12-200 and therefore should not be applicable to our facility.
We would appreciate your prompt attention to this matter. If you have any questions, you may contact Terry
Watts at 828 261-2232 or by e-mail at [e-mail].
Respectfully Submitted,
Kevin B. Greer, PE, DS-A, CS-4
Public Services D€rectorlCity Engineer
PC: Mr. Warren Wood, City Manager
Ms. Andrea Surratt, Assistant City Manager
Mr. Terry Watts, Stormwater Civil Engineer

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 4 SENATE BILL 434
Agriculture/Environment/Natural Resources Committee Substitute Adopted 4/21/17 Rules and
Operations of the Senate Committee Substitute Adopted 4/24/17 Fourth Edition Engrossed 4/24/17
Short Title: Amend Environmental Laws 2. (Public) Sponsors: Referred to: March 29, 2017
A BILL TO BE ENTITLED AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES
LAWS.
The General Assembly of North Carolina enacts: REPEAL YARD WASTE PERMITTING REQUIREMENTS
SECTION 1.(a) G.S. 130A-290(a) reads as rewritten:
"§ 130A-290. Definitions.
(a) Unless a different meaning is required by the context, the following definitions shall apply
throughout this Article:
(45) "Yard trash" means solid waste consisting solely of vegetative matter resulting from landscaping,
maintenance. and yard maintenance, including brush, grass, tree limbs, and similar vegetative material.
(46) "Yard waste" means yard trash and land -clearing debris, including stumps, limbs, leaves, grass, and
untreated wood."
SECTION 1.(b) G.S. 13OA-294 is amended by adding a new subsection to read:
"(Yard waste diverted from the waste stream or collected as source separated material is not subject
to a solid waste permit for transfer, treatment, processing, storage, or disposal in a permitted solid
waste management facility. Operators of facilities where yard waste is subject to transfer, treatment,
processing, storage, or disposal shall, however, comply with all other federal, State, or local law
ordinances, rules, regulations, or orders, including zoning, flood plain, and wetland restrictions,f
sedimentation and erosion control requirements, and mining regulations. Nothing in this subsection
shall be construed as limiting the authority of any local government to manage the transfer, treatment,
processing, storage, or disposal of yard waste."
SECTION 1.(c) This section becomes effective July 1, 2017, and applies to the transfer, treatment,
processing, storage, or disposal of yard waste occurring on or after that date.
REPEAL PLASTIC BAG BAN
SECTION 1.1.(a) Part 2G of Article 9 of Chapter 130A of the General Statutes is repealed.
SECTION 1.1.(b) G.S. 130A-22(a) reads as rewritten:
"(a) The Secretary of Environmental Quality may impose an administrative penalty on a person who
violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any term or
condition of a permit or order issued under Article 9. Each day of a continuing violation shall constitute a
separate violation. The penalty shall not exceed fifteen thousand dollars ($15,000) per day in the case of
a violation involving nonhazardous waste. The penalty shall not exceed thirty-two thousand five
hundred dollars ($32,500) per day in the case of a first violation involving hazardous waste as defined in
G.S. 130A-290 or involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in
1 I P a g e SENATE BILL 434

a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty
thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical
waste as defined in G.S. 130A-290 in or upon water in a manner that results in medical waste entering
waters or lands of the State. The penalty shall not exceed thirty-two thousand five hundred dollars
($32,500) per day for a violation involving a voluntary remedial action implemented pursuant to G.S.
130A-310.9(c) or a violation of the rules adopted pursuant to G.S. 130A-310.12(b). The penalty shall not
exceed one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second
violation within any 12-month period; and five hundred dollars ($500.00) for each additional violation
within any 12-month period for any violation of Part 2G of Article 9 of this Chapter. For violations of Part
7 of Article 9 of this Chapter and G.S. 130A-309.10(m): (i) a warning shall be issued for a first violation;
(ii) the penalty shall not exceed two hundred dollars ($200.00) for a second violation; and (iii) the
penalty shall not exceed five hundred dollars ($500.00) for subsequent violations. If a person fails to pay
a civil penalty within 60 days after the final agency decision or court order has been served on the
violator, the Secretary of Environmental Quality shall request the Attorney General to institute a civil
action in the superior court of any county in which the violator resides or has his or its principal place of
business to recover the amount of the assessment. Such civil actions must be filed within three years of
the date the final agency decision or court order was served on the violator."
SECTION 1.1.(c) Section 13.10(c) of S.L. 2010-31 is repealed.
SECTION 1.1.(d) This section becomes effective July 1, 2017.
LOCAL GOVERNMENT RIPARIAN BUFFER UNIFORMITY
SECTION 2.(a) The General Assembly finds the following:
(1) The State has declared certain water bodies to be nutrient -sensitive due to the high levels of
nitrogen, phosphorus, sediment, or any combination of those pollutants.
(2) As a means for reducing the amount of nitrogen, phosphorous, and sediment that enters these
nutrient -sensitive surface waters, the State has initiated a program to maintain existing riparian buffers
that is a part of a complete and integrated regulatory scheme for the protection and improvement of
water quality that may be delegated for enforcement to qualifying units of local government.
(3) When the enforcement of the buffer program is delegated to qualifying units of local government,
those units of local government should apply riparian buffer standards that do not exceed established
State or federal standards in order to assure uniformity of regulation throughout the State.
SECTION 2.(b) G.S. 143-214.23A reads as rewritten:
"§ 143-214.23A. Limitations on local government riparian buffer requirements.
(a) As used in this section:
(1) "Local government ordinance" action" means any action by a local government carrying the effect of
law approved before or after October 1, 2015, whether by ordinance, ordinance, including, but not
limited to, zoning, subdivision control, flood control, or water supply watershed protection ordinances,
comprehensive plan, policy, resolution, condition of approval imposed on an applicant for approval of a
development plan, or special or conditional permit, or other measure.
(2) "Protection of water quality" means nutrient removal, pollutant removal, stream bank protection, or
protection of an endangered species as required by federal law.
(3) "Riparian buffer area" means an area subject to a riparian buffer requirement.
(4) "Riparian buffer requirement" means a landward setback from surface waters.water bodies or any
other hydrologic bodies to which a riparian buffer may be applied.
2) P a g e SENATE BILL 434

(al) The provisions of this section apply to all enacted or proposed local government actions that
include or impose riparian buffer requirements violating subsection (b) of this section, even if the local
government action has been approved by the Commission, the Department, or other State agency.
(b) Except as provided in this section, a local government may not enact, implement, or enforce a local
government ordinance action or apply for or renew a permit issued by any State or federal agency that
requires a local government action that establishes a riparian buffer requirement that exceeds riparian
buffer requirements necessary to comply with or implement federal or State law or a condition of a
permit, certificate, or other approval issued by a federal or State agency.riparian buffer requirements
directly imposed by State or federal law. This subsection shall not apply to a permit required by a federal
agency as a condition of federal funding or of federal approval for a project initiated prior to the
effective date of this section.
(c) Subsection (b) of this section shall not apply to any local government ordinance action that
establishes a riparian buffer requirement enacted prior to August 1, 1997, if (i) the ordinance action
included findings that the requirement was imposed for purposes that include the protection of
aesthetics, fish and wildlife habitat, and recreational use by maintaining water temperature, healthy
tree canopy and understory, and the protection of the natural shoreline through minimization of erosion
and potential chemical pollution in addition to the protection of water quality and the prevention of
excess nutrient runoff, and (ii) the ordinance action would permit small or temporary structures within
50 feet of the water body and docks and piers within and along the edge of the water body under
certain circumstances.
(d) A local government may request from the Commission the authority to enact, implement, and
enforce a local government ordinance that establishes a riparian buffer requirement for the protection
of water quality that exceeds riparian buffer requirements for the protection of water quality necessary
to comply with or implement federal or State law or a condition of a permit, certificate, or other
approval issued by a federal or State agency. To do so, a local government shall submit to the
Commission an application requesting this authority that includes the local government ordinance,
including the riparian buffer requirement for the protection of water quality, scientific studies of the
local environmental and physical conditions that support the necessity of the riparian buffer
requirement for the protection of water quality, and any other information requested by the
Commission. Within 90 days after the Commission receives a complete application, the Commission
shall review the application and notify the local government whether the application has been
approved, approved with modifications, or disapproved. The Commission shall not approve a local
government ordinance that establishes a riparian buffer requirement for the protection of water quality
unless the Commission finds that the scientific evidence presented by the local government supports
the necessity of the riparian buffer requirement for the protection of water quality.
(d1) Local government actions violating subsection (b) of this section that are required by a permit
issued by a State or federal agency, including, but not limited to, an NPDES or a permit condition
imposed to meet a TMDL, shall remain in place and may be enforced until the permit upon which they
are based expires. Upon the expiration of the permit that is the basis for an existing local government
action violating subsection (b) of this section, the existing local government action shall be
unenforceable.
SECTION 2.(c) This section is effective when this act becomes law.
AMEND THE RULE FOR PROTECTION OF EXISTING BUFFERS TO EXEMPT 8 CERTAIN APPLICABILITY
REQUIREMENTS FOR PUBLIC SAFETY
3 1 P a g e SENATE BILL 434

SECTION 2.1.(a) Definitions. — "Protection of Existing Buffers Rule" means 15A NCAC 02B .0267 (Jordan
Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers) for purposes of this section and
its implementation.
SECTION 2.1.(b) Protection of Existing Buffers Rule. — Until the effective date of the revised permanent
rule that the Environmental Management Commission is required to adopt pursuant to subsection (d)
of this section, the Commission and the Department of Environmental Quality shall implement the
Protection of Existing Buffers Rule, as provided in 16 subsection (c) of this section.
SECTION 2.1.(c) Implementation. —The Commission shall exempt from the applicability requirements of
the Protection of Existing Buffers Rule any publicly owned spaces where it has been determined by the
head of the local law enforcement agency with jurisdiction over that area that the buffers pose a risk to
public safety.
SECTION 2.1.(d) Additional Rule -Making Authority. —The Commission shall adopt a rule to amend the
Protection of Existing Buffers Rule consistent with subsection (c) of this section. Notwithstanding G.S.
150B-19(4), the rule adopted by the Commission, pursuant to this section, shall be substantively
identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are
not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to
this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written
objections had been received as provided by G.S. 1508-21.3(b2).
SECTION 2.1.(e) Sunset. —This section expires when permanent rules adopted as required by subsection
(d) of this section become effective.
SHELLFISH ENTERPRISE AREAS
SECTION 3.(a) G.S. 113-201 is amended by adding a new subsection to read:
"(d) The Marine Fisheries Commission may adopt rules to establish Shellfish Aquaculture Enterprise
Areas to facilitate shellfish aquaculture opportunities through advanced siting and preapprovals from
relevant federal and State agencies. The Secretary shall only issue nontransferrable leases within
designated Shellfish Aquaculture Enterprise Areas. Any leased parcel within a Shellfish Aquaculture
Enterprise Area that is relinquished or terminated shall revert to the State and be made available to
other applicants."
SECTION 3.(b) G.S. 113-201.1 is amended by adding a new subdivision to read:
"(3a) "Shellfish Aquaculture Enterprise Area" means an area designated and permitted by the
Department that is subdivided into parcels and made available for shellfish aquaculture leasing."
MARINE FISHERIES CLARIFYING CHANGES
SECTION 4.(a) G.S. 113-203 reads as rewritten:
"§ 113-203. Transplanting of oysters and clams.
(a2) It is unlawful to do any of the following:
4 1 P a g e SENATE BILL 434

(1) Transplant oysters or clams taken from public grounds to private beds except when lawfully taken
during open season and transported directly to a private bed in accordance with rules of the Marine
Fisheries Commission.
(2) Transplant oysters or clams taken from permitted aquaculture operations to private beds except
from waters in the approved classification.
(3) Transplant oysters or clams from public grounds or permitted aquaculture operations utilizing waters
in the prohibited, restricted or conditionally approved classification to private beds except when the
transplanting is done in accordance with the provisions of this section and implementing rules.
(a3) It Unless the Secretary determines that the nursery of shellfish in an area will present a risk to
public health, it is lawful to transplant seed oysters or seed clams taken from permitted aquaculture
operations that use waters in the prohibited, restricted or conditionally approved classification to
private beds pursuant to an Aquaculture Seed Transplant Permit issued by the Secretary that sets times
during which transplant is permissible and other reasonable restrictions imposed by the Secretary under
either of the following circumstances:
(1) When transplanting seed clams less than 12 millimeters in their largest dimension.
(2) When transplanting seed oysters less than 25 millimeters in their largest dimension.
„
SECTION 4.(b) G.S. 113-168.4(b) reads as rewritten:
"(b) Except as otherwise provided in this section, it is unlawful for any person licensed under this Article
to sell fish taken outside the territorial waters of the State or to sell fish taken from coastal fishing
waters. A person licensed under this Article may sell fish taken outside the territorial waters of the State
or sell fish taken from coastal fishing waters under any of the following circumstances:
(1) The sale is to a fish dealer licensed under G.S. 113-169.3.
(2) The sale is to the public and the seller is a licensed fish dealer under G.S. 113-169.3.
(3) The sale is of oysters or clams from fish reared in a hatchery or aquaculture 30 operation to the
holder of an Aquaculture Operation Permit, an Linder Dock Culture Permit, or a shellfish cultivation
lease for further grow out."
RIVER HERRING FISHERIES MANAGEMENT
SECTION 5. The Division of Marine Fisheries shall review its Fishery Management Plan for river herring
(blueback herring, Alosa aestivalis, and alewife, Alosa pseudoharengus) and report no later than
December 15, 2017, to the Joint Legislative Oversight Committee on Agriculture and Natural and
Economic Resources regarding the continuing validity and scientific basis for the continued status of
both species as "overfished." If the Division does not have an adequate scientific basis to review the
status of both species, then the report should include cost estimates for the restoration of spawning and
nursery area surveys and age composition work for all coastal streams within the State that historically
contained significant river herring fisheries.
STATE PARTICIPATION IN SITING OF ATLANTIC INTRACOASTAL 45 WATERWAY DREDGED MATERIAL
DISPOSAL EASEMENTS
SECTION 6.(a) The Division of Coastal Management of the Department of Environmental Quality and the
State Property Office are authorized to negotiate with appropriate agencies of the federal government
an agreement for the State to assume responsibility for acquiring dredged material easement sites
appropriate for maintenance dredging of the Atlantic Intracoastal Waterway between Beaufort Inlet and
5 1 P a g e SENATE BILL 434

the border with the Commonwealth of Virginia in exchange for the reduction in size and possible change
in location of dredged material disposal easement sites currently held by the federal government. The
agreement shall provide for the federal government to relinquish certain dredged material disposal
easements that are excess to maintenance project needs in exchange for the acquisition and furnishing
to the federal government other easements that are sited and permitted by the Division of Coastal
Management and acquired by the State Property Office under its powers of condemnation or otherwise
using such funds as may be appropriated by the General Assembly from the Shallow Draft Navigation
Channel Dredging and Aquatic Weed Fund established under Part 8B of Article 21 of Chapter 143 of the
General Statutes for that purpose.
SECTION 6.(b) G.S. 143-215.73F(b) is amended by adding a new subdivision to read:
"(4) To provide funding for siting and acquisition of dredged disposal easement sites associated with the
maintenance of the Atlantic Intracoastal Waterway north of Beaufort Inlet and south of the border with
the Commonwealth of Virginia, under a Memorandum of Agreement between the State and the federal
government."
ENERGY POLICY COUNCIL CLARIFICATION
SECTION 7. G.S. 113134(a) reads as rewritten:
"(a) The Lieutenant Governor or the Lieutenant Governor's designee shall serve as chair of the Council."
NUTRIENT MANAGEMENT REGULATORY FRAMEWORK REVISIONS
SECTION 7.1.(a) Section 14.13(c)(2) of S.L. 2016-94 reads as rewritten:
"(2) With respect to Falls Lake, the final results of its study and recommendations for further action
(including any statutory or regulatory 26 changes necessary to implement the recommendations) no
later than December 31, 2021, 2023, with interim updates no later than December 31, 2019, and
December 31, 2020.2021."
SECTION 7.1.(b) Section 14.13(d) of S.L. 2016-94 reads as rewritten:
"SECTION 14.13.(d) As part of the periodic review and readoption of rules required by G.S. 15013-21.3A,
the Environmental Management Commission shall, based on the study required by subsection (c) of this
section and any monitoring or modeling study conducted pursuant to existing regulations as defined in
this section, review the following Nutrient Strategies:
(1) The Falls Water Supply Nutrient Strategy, 15A NCAC 28 .0275 through .0282 and .0315.
(2) The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B .0263 through .0273 and .0311.
(3) Any changes to these regulations imposed by acts of the General Assembly.
The schedule set forth in this subsection shall modify the review and readoption schedule set by the
Rules Review Commission under G.S. 150E-21.3A to the extent the schedules conflict. No later than
December 31, 2016, the Department of Environmental Quality shall report to the Environmental Review
Commission a list of any other rules and any acts of the General Assembly changing the rules identified
in this subsection, and the Environmental Management Commission's review shall include the rules
identified in this section and in that report. As part of its rule review process, the Environmental
Management Commission shall (i) hold public hearings in the upstream and downstream portions of the
Falls Lake'and Jordan Lake river basins and subbasins and (ii) no later than December 31, 2016, convene
a stakeholder working group that represents all classes of users and all geographic parts of the impacted
river basins and subbasins and that will provide input to the Environmental Management Commission
6 1 P a g e SENATE BILL 434

regarding the revision to the Nutrient Strategies. The Environmental Management Commission shall
issue recommendations for revisions of the Nutrient Strategies based on its review and begin rule
readoption required by G.S. 150E-21.A no later than March 3 15, 2019. begin rule readoption for the
Jordan Lake Water Supply Nutrient Strategy no later than six months after it receives the completed
study and final recommendations prepared in response to subsection (c) of this section. The
Environmental Management Commission shall begin rule readoption forthe Falls Water Supply Nutrient
Strategy on the earlier of the following: (i) upon receipt of the completed study and final
recommendations prepared in response to subsection (c) of this section and any monitoring or modeling
study conducted pursuant to existing regulations for nutrient management in Falls Lake or (ii) December
31, 2024. For purposes of the G.S. 150E-21.3A readoption process, the Nutrient Strategies shall be
considered "necessary with substantive public interest."
SECTION 7.1.(c) Section 14.13(h) of S.L. 2016-94 reads as rewritten:
"SECTION 14.13.(h) The rules described below shall not take effect and are subject to the review and
readoption required by subsection (d) of this section:
(1) With respect to the Jordan Lake rules, as defined by subdivisions (2) and (3) of subsection (d) of this
section, any rules with effective dates between the effective date of this act and October 15, 2019.
(2) With respect to the Falls Lake rules, as defined by subdivisions (1) and (3) of subsection (d) of this
section, any rules with effective dates between the effective date of this act and October 15, 2022.2022,
provided that provisions of the Falls Lake rules which establish Stage I reduction actions and goals shall
remain in effect until the Falls Lake rules, as modified under subsection (d) of this section, become
effective. The due dates for reduction actions and goals set to be completed by December 31, 2020, and
the reduction actions and goals identified as Stage If in the Falls Lake rules are delayed until the Falls
Lake rules, as modified under subsection (d) of this section, become effective."
REPEAL CATAWBA BUFFER RULES
SECTION 7.2.(a) Section 7.1 of S.L. 1999-329 reads as rewritten:
"Section 7.1. Notwithstanding G.S. 150B-21.1(a)(2) and Section 8.6 of S.L. 1997-458, the Environmental
Management Commission may adopt temporary rules as provided in this section to protect water
quality standards and uses as required to implement basinwide water quality management plans for the
Cape Fear, Catawba, Cape Fear and Tar -Pamlico River Basins pursuant to G.S. 143-214.1, 143-214.7, 143-
215.3, and 143B-282. Prior to the adoption of a temporary rule under this subsection, the Commission
shall:
(1) Consult with persons who may be interested in the subject matter of the temporary rule during the
development of the text of the proposed temporary rule.
(2) Publish a notice of intent to adopt a temporary rule in the North Carolina Register. The notice shall
set out the text of the proposed temporary rule and include the name of the person to whom questions
and written comment on the proposed rule may be submitted. The Commission shall accept written
comment on the proposed temporary rule for at least 30 days after the notice of intent to adopt the
temporary rule is published in the North Carolina Register.
(3) Hold a public hearing on the proposed temporary rule in the river basin to which the proposed
temporary rule applies."
7 1 P a g e SENATE BILL 434

SECTION 7.2.(b) The Environmental Management Commission shall repeal 15A NCAC 02B .0243
(Catawba River Basin: Protection and Maintenance of Existing Riparian 2 Buffers) on or before July 1,
2018.
COASTAL STORMWATER PROGRAM VARIANCE
SECTION 7.3.(a) Notwithstanding S.L. 2008-211 and rules adopted to implement the act, any subdivision
meeting all of the following requirements shall be deemed to be in compliance with the impervious
surface limitations of the act and its implementing rules:
(1) The subdivision's original declaration of covenants was recorded at least 20 years prior to the
effective date of this act.
(2) The original developer of the subdivision is financially insolvent.
(3) The original developer of the subdivision transferred the stormwater permit to the homeowners
association for the subdivision and, at the time of the transfer, the homeowners association had no
notice from the original developer or any regulatory agency that the subdivision was not in compliance
with the impervious surface limitations.
SECTION 7.3.(b) Section 7.3(a) of this act applies only to impervious surface built prior to January 1,
2017. Any impervious surface built on or after January 1, 2017, shall be subject to S.L. 2008-211 and its
implementing rules.
GENERAL PROVISIONS
SECTION 8.(a) if any section or provision of this act is declared unconstitutional or invalid by the courts,
it does not affect the validity of this act as a whole or any part other than the part declared to be
unconstitutional or invalid.
SECTION 8.(b) Except as otherwise provided, this act is effective when it becomes law.
8 1 P a g e T ��� �� SENATE BILL 434

Session Law 2012-200 PART V. PROVIDE THAT TYPE 1 SOLID WASTE COMPOST FACILITIES ARE NO
REQUIRED TO OBTAIN A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR
DISCHARGE OF PROCESS WASTEWATER BASED SOLELY ON THE DISCHARGE OF STORMWATER THAT
HAS COME INTO CONTACT WITH FEEDSTOCK, INTERMEDIATE PRODUCT, OR FINAL PRODUCT AT THE
FACILITY
SECTION 5. G.S. 143-214.7A(b) reads as rewritten:
"(b) Unless otherwise provided in this subsection, the Division of Water Quality shall clarify that
stormwater is water that does not contact anything considered a feedstock, intermediate product, or final
product of composting operations. Unless otherwise provided in this subsection, the Division of Water
Quality shall clarify that wastewater is leachate and water that contacts feedstocks, intermediate
products, or final product, of composting operations. The clarifications shall incorporate available
scientifically valid information obtained from sampling and analyses of North Carolina composting
facilities and from valid representative data from other states. In addition, the Division of Water Quality
shall establish threshold quantities of feedstocks, intermediate products, and final products above which
water quality permitting will be required. A Type 1 solid waste compost facility shall be subject only to
applicable State stormwater requirements and federal stormwater requirements established pursuant to
33 U.S.C. § 1342(p)(3)(B). A Type 1 solid waste compost facility shall not be required to obtain a National
Pollutant Discharge Elimination System (NPDES) permit for discharge of process wastewater based solely
on the discharge of stormwater that has come into contact with feedstock, intermediate product, or final
product at the facility. For purposes of this section, "Type 1 solid waste compost facilities" are facilities
that may receive yard and garden waste, silvicultural waste, untreated and unpainted wood waste, or any
combination thereof.
11 P a g e § 143-214.7A

§ 143-214.7A. Stormwater control best management practices.
(a) The Department of Environmental Quality shall establish standard stormwater control best
management practices and standard process water treatment processes or equivalent performance
standards for composting operations that are required to be permitted by the Division of Water
Resources in the Department and the Division of Waste Management in the Department. These
practices, processes, and standards shall be developed for the purpose of protecting water quality by
controlling and containing stormwater that is associated with composting operations, by reducing the
pollutant levels of process water from composting operations, and by reducing the opportunities for
generation of such waters.
(b) Unless otherwise provided in this subsection, the Division of Water Resources shall clarify that
stormwater is water that does not contact anything considered a feedstock, intermediate product, or'
final product of composting_ operations. Un esl s otherwise provided in this subsection, the Division of
Water Resources shall clarify that wastewater is leachate and water that contacts feedstocks,
intermediate products, or final product, of composting operations. The clarifications shall incorporate
available scientifically valid information obtained from sampling and analyses of North Carolina
composting facilities and from valid representative data from other states. In addition, the Division of
Water Resources shall establish threshold quantities of feedstocks, intermediate products, and final
products above which water quality permitting will be required. A Type 1 solid waste compost facility
shall be subject only to applicable State stormwater requirements and federal stormwater requirements
established pursuant to 33 U.S.C. § 1342(p)(3)(B). A Type 1 solid waste compost facility shall not be
required to obtain a National Pollutant Discharge Elimination System (NPDES) permit for discharge of
process wastewater based solely on the discharge of stormwater that has come into contact with
feedstock, intermediate product, or final product at the facility. For purposes of this section, "Type 1
solid waste compost facilities" are facilities that may receive yard and garden waste, silvicultural waste,
untreated and unpainted wood waste, or any combination thereof.
(c) The Department shall establish revised water quality permitting procedures for the composting
industry. The revised permitting procedures shall identify the various circumstances that determine
which water quality permit is required for various composting activities. The Department shall
determine whether selected low -risk subsets of the composting industry may be suitable for expedited
or reduced water quality permitting procedures. The determination shall include consideration of the
economic impact of regulatory decisions.
11 P a g e § 143-214.7A

. H
CKORY
North Carolina
Life. Well Crafted.
Public Services
May 3, 2017
Mike Randall
Stormwater Permitting Program
NC Division of Energy, Mineral and Land Resources (DEMLR)
1612 Mail Service Center
Raleigh, NC 27699-1612
RE: City of Hrc to Facility
COc G240011
Dear Mr. Randall,
City of Hickory
PO Box 398
Hickory, NC 28603
Phone: [phone]
Fax: [phone]
Email: kgreer(a-6hickorync.gov S i
14gr �D
Sr eky
ORMwq FR p �ACI]�.
M17-rING
The purpose of this correspondence is to share with you information specific to the City of Hickory and a request
from the City of Hickory regarding the City of Hickory Yard Waste Facility. Contingent upon passage of Senate
Bill 434 in the North Carolina General Assembly, we hereby request that our Certificate of Coverage (COC)
Number NCG240011 for our yard waste facility under General Permit Number NCG240000 be rescinded. This
request is based in part upon the language contained in the March 29, 2017 edition of the bill, subsection included
below titled "Repeal Yard Waste Permitting Requirements." As stated in Section 1. (b), yard waste would no
longer be subject to a solid waste permit.
REPEAL YARD WASTE PERMITTING REQUIREMENTS
SECTION 1. (a) G.S. 130A-290(a) reads as rewritten:
1130A-290. Definitions,
(a) Unless a different meaning is required by the context, the following definitions shall apply throughout
this Article:
(45) "Yard trash" means solid waste Gensisting solely of vegetative afeF resulting from landscaping
maint aR^e and yard maintenance, including brush, grass, tree limbs, and similar vegetative material.
(46) "Yard waste" means yard trash and land -clearing debris, including stumps, limbs, leaves, grass, and
untreated wood."
SECTION 1. (b) G.S. 130A-294 is amended by adding a new subsection to read:
"M Yard waste diverted from the waste stream or collected as source separated material is not subject to
a solid waste permit for transfer, treatment, processing, storage, or disposal_ in a permitted solid waste
management facility. Operators of facilities where Tard waste is subject to transfer, treatment,. processing,
storage, or disposal shall, however, comply with all other federal, State, or local laws. ordinances, rules,
regulations, or orders, including zoning, flood plain, and wetland restrictions, sedimentation and erosion
control requirements, and mining regulations. Nothing in this subsection shall be construed as limiting the
authoritv of anv local government to manage the transfer, treatment. orocessina, storage. or disposal of
yard waste."
SECTION 1. (c) This section becomes effective July 1, 2017, and applies to the transfer, treatment,
processing, storage, or disposal of yard waste occurring on or after that date.
Coverage under NCG240000 is based upon our yard waste facility being classified as a Type 1 Large Compost
Facility by NCDEQ. Our COC specifically references North Carolina Session Law 2012-2000 as requiring
coverage because our facility is classified as a Type 1 Large Compost Facility. However, Session Law 2012-
2000, in Part V included below, states that Type 1 solid waste facilities shall not be required to obtain an National
Pollutant Discharge Elimination System (NPDES) Permit solely for stormwater that has come into contact with the
product of the facility.
PART V. PROVIDE THAT TYPE 1 SOLID WASTE COMPOST FACILITIES ARE NOT REQUIRED TO
OBTAIN A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR DISCHARGE
OF PROCESS WASTEWATER BASED SOLELY ON THE DISCHARGE OF STORMWATER THAT
HAS COME INTO CONTACT WITH FEEDSTOCK, INTERMEDIATE PRODUCT, OR FINAL PRODUCT
AT THE FACILITY

w
Mr. Mike Randall — RE: Yard Waste Facility Stormwater Permit
Pg, 2
SECTION 5. G.S. 143-214.7A(b) reads as rewritten:
"(b) Unless otherwise provided in this subsection, The the Division of Water Quality shall clarify that
stormwater is water that does not contact anything considered a feedstock, intermediate product, or final
product of composting operations. Unless otherwise provided in this subsection T4e the Division of
Water Quality shall clarify that wastewater is leachate and water that contacts feedstocks, intermediate
products, or final product, of composting operations. The clarifications shall incorporate available
scientifically valid information obtained from sampling and analyses of North Carolina composting
facilities and from valid representative data from other states. In addition, the Division of Water Quality
shall establish threshold quantities of feedstocks, intermediate products, and final products above which
water quality permitting will be required. A Type_ 1 solid waste compost facility shall be subject only to
applicable State stormwater requirements and federal stormwater requirements established pursuant to
33 U.S.C. § 1342(p)(3)(B). A Type 1 solid waste compost facilitV shall not be required to obtain a National
Pollutant Discharge Elimination System (NPDES) permit for discharge of process wastewater based
solely on the discharge of stormwater that has come into contact with feedstock, intermediate product, or
final product at the facility. For purposes of this section. "Type 1 solid waste compost facilities" are
facilities that may receive yard and garden waste, silvicultural waste, untreated and unpainted wood
waste or any combination thereof. The Division of Water Quality shall not require water
unless required to do so by federal lay.g "
Our COC NC00011 in Part II, Section B, Table 1 requires analytical monitoring of stormwater discharges. It
specifically states that "Section B does not apply to process wastewater discharges which originate as
precipitation on materials during the manufacturing process." However, the stormwater discharges are subject to
Benchmark values in Section B, Table 3, Page 6. Therefore, the COC clearly conflicts with Session Law 2012-
200 in requiring analytical monitoring. The facility should only be subject to state stormwater requirements under
the Phase II NPDES Stormwater Permit NCS000426.
We believe that NCDEQ has subjected Type 1 large municipal compost facilities to wastewater permit conditions
under the COC and NCG240000. The requirements of this general permit include monitoring and testing of
stormwater discharges against benchmarks that subject the municipalities to fines by NCDEQ if the benchmarks
are exceeded, similar to wastewater treatment plants. Originally, these facilities were only subject to municipal
NPDES Phase I and Phase II stormwater permits under the provisions that each municipality evaluate their
facilities and take actions to reduce pollutants from stormwater runoff.
The City of Hickory's Phase 11 NPDES Stormwater Permit NCS000426, Part 11, Section G, Page 11, BMP A,
requires us to inventory all of our city facilities "with the potential for generating polluted stormwater runoff." It
further states in BMP B that we have an "operation and maintenance program" for these facilities. We currently
have an operation and maintenance program for the yard waste facility, and an existing detention pond. We are
not required to perform analytical monitoring for the yard waste facility under our Phase II permit.
In conclusion, we request that our COC be rescinded based first upon the fact that it is adequately covered for
stormwater discharges under the Phase II NPDES stormwater permit. Second, and contingent upon passage of
Senate Bill 434, a solid waste permit would not be required for our facility. Third, the COC directly conflicts with
Session Law: 2012-200 and therefore should not be app!icable to our facility.
We would appreciate your prompt attention to this matter. If you have any questions, you may contact Terry
Watts at 828 261-2232 or by e-mail at [e-mail].
Respectfully Submitted,
Kevin B. Greer, PE, DS-A, CS-4
Public Services Director/City Engineer
PC: Mr. Warren Wood, City Manager
Ms, Andrea Surratt, Assistant City Manager
Mr, Terry Watts, Stormwater Civil Engineer

f'
ROY COOPER
Governor
MCCHAEL S. REGAN
Secrerary
TRACY E. DAVIS
Energy, Mineral Director
and Land Resources
ENVIRONMENTAL QUALITY
August 30, 2017 RECEIVED
SEP 0 8 2017
City of Hickory
Attention: Mr. Kevin Greer I)ENR-LAND OUALITY
Post Office Box 398 STORMWATER PERN111-TING
Hickory, North Carolina 28603
Subject: Rescission Request — City of Hickory Yard Waste Facility
NfPDES Stormwater Certificate of Coverage- NCG240011
Catawba County, North Carolina
Dear Mr. Greer:
Enclosed please find a copy of the email from Mike Randall / Raleigh Central regarding your rescission request
for the yard waste compost facility. The email which denies the rescission request should be self-explanatory,
however, should you have any questions concerning this, please do not hesitate to contact .lames Moore at (704)
663-1699 or at [e-mail].
Sincerely,
31t�kl S - /--
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Enclosure: Inspection Report
cc:-Stormwater-Permitting_Program—Rateigh-C� entral�Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Mooresville Regional Otfice 1 610 East Center Ave Ste 301 1 Mooresville, NC 28115
704 663 t 699 T

Moore, James
From: Randall, Mike
Sent: Wednesday, August 30, 2017-9:57 AM
To: Moore, James; Davis, Tracy; Cole, Brad; Vinson, Toby; Georgoulias, Bethany; Riddle, Rick
L; Patterson, Robert D; Ventaloro, Julie; Alexander, Laura; Lucas, Annette
Cc: Khan, Zahid; Keen, Holliday V; Terry Watts
Subject: RE: Hickory Yard Waste NCG240011
Attachments: SENATE BILL 434.docx; NCG24-Factsheet-Revised-20111208-DWQ-SPU.pdf; NCG24-
Perm it-20161001-DEMLR-SW.pdf; jm-08282017.pdf
DEQ denies the request to rescind permit NCG240011. Type 1 Large Compost Yard Waste Facilities are subject to NPDES
Stormwater Permits, i.e., the General Permit, NCG240000. See attached fact sheet, General Permit, and applicable
regulatory references as well as the narrative below.
The General Assembly of North Carolina repealed yard waste permitting requirements in SENATE BILL 434 specific to
yard waste diverted from the waste stream or collected as source separated material is NOT SUBJECT TO A SOLID
WASTE PERMIT..... Operators— shall, however, comply with all other federal, State, or local laws, ordinances, rules,
regulations, or orders, including zoning, flood plain, and wetland restrictions, sedimentation and erosion control
requirements, and mining regulations.
Session Law 2012-200 and G.S. 143-214.7A(b) PART V. provide that type 1 solid waste compost facilities are not required
to obtain a national pollutant discharge elimination system (NPDES) permit for discharge of PROCESS WASTEWATER, i.e.,
o waste water permit.
SECTION S. G.S. 143-214.7A(b) clarifies that STORMWATER IS water that does not contact anything considered a
feedstock, intermediate product, or final product of composting operations and WASTEWATER IS leachate and water that
contacts feedstocks, intermediate products, or final product, of composting operations.
Finally under G.S. 143-214.7A(b). A Type 1 solid waste compost facility SHALL BE SUBJECT ... FEDERAL STORMWATER
REQUIREMENTS established pursuant to 33 U.S.C. § 1342(p)(3)(B).
DEQ staff recognize that wastewater permits and the NCG240000 stormwater for industrial activities have similar
language. However, it's important to note that 1) the monitoring and testing against bench marks required under the
NCG240000 permit are for stormwater only and 2) bench marks are not effluent limits. Unlike effluent limits,
exceedance of bench marks do not subject the municipality to fines. RATHER exceeding bench marks require the City of
Hickory to evaluate the City's facilities' best management practices, and take actions to reduce pollutants from
stormwater to the Maximum Extent Practical (MEP). f
While the actions that local governments take for exceeding bench marks are indeed similar to actions required by the
Phase II NPDES MS4 Permit, the State and EPA have determined that Phase 11 Municipal Operations subject to generator
individuals permits for industrial activities shall apply for and obtain either a general or individual permit for that
industrial activity.
The state will consider a request to modify the Phase 11 NPDES MS4 permit to include the following language,
"Compliance with a permitted general or individual industrial activity is compliance with the Phase II NPDES MS4
permit."
Mike Randall
Stormwater Permitting Program

al M
NC Division of Energy, Mineral and Land Resources (DEMLR)
Land Quality Section
Stormwater Permitting
1612 Mail Service Center
Raleigh, NC 27699-1612
Office: 919-807-6374
Cell: 919-389-7801
Email correspondence to and from this address may be subject to public records laws
From: Moore, James
Sent: Monday, August 28, 2017 1:44 PM
To: Randall, Mike <[e-mail]>
Cc: Khan, Zahid <[e-mail]>; Keen, Holliday V <[e-mail]>
Subject: Hickory Yard Waste NCG240011
Mike, please see the attached letter from the City of Hickory requesting a permit rescission request. Do you think we can
rescind the permit based on G.S. 130 A-290(a). This looks like it is above my pay grade.
James Moore MRO-LQ

A
FICDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 17, 2014
City of Hickory Engineering Department
Attention: Mr. Chuck Hansen, P.E.
76 N Center St NE
Hickory, N.C. 28601
Subject: NCG240011
Proposed Compliance Schedule
City of Hickory
Catawba County, North Carolina
Dear Mr. Hansen:
This is in response to your letter dated October 29, 2014 regarding compliance schedule at the subject
facility.
The proposed schedule was discussed between Mr. Samar Bou-Ghazale in Mooresville office and Mr.
Terry Watts of your office and was found to be acceptable. Please note below the two proposed
schedule as noted in your letter.
1- You proposed to budget for completing the following activities in 2015/16: (1) Survey the site
and develop a topographic map. (2) Evaluate the site and develop engineering plans for an on
site detention control measures capable of storing the 25-year 24-hour storm event. (3) Evaluate
the capacity of the existing sewer line that crosses the property and discharged to the Northeast
WWTP, which is adjacent to the site. (4) Confirm that the additional discharges to the WWTP
will not adversely affect the capacity of the plant.
2- You proposed to budget for completing the following activities in 2016/17: (1) Divert offsite
storm drainage away from the site. (2) Construct the detention control measures. (3) Enlarge
the."sewer line if necessary. (4) Connect the discharge pipe from detention control measure to
the sewer line that discharges to the WWTP.
If you have any questions or need further information, please contact Samar Bou-Ghazale at (704) 235-
2199, or at [e-mail]
RECEIVED
NOV 2 1 2014
DENR-LANb QUALITY
STORMWATER PERMITTING
Sincerely,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Cc: Bradley Bennett, Stormwater Permitting, Program, Certificate of Coverage NCG240011
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:Nportal.ncdenr.oW1webRrl
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

r
Permit Number NCG240011
Program Category
NPDES SW
Permit Type
Compost Operations Stormwater/Wastewater Discharge COC
Primary Reviewer
I, r ED
larry.wade
v .—
Coastal SWRule
CEo
Permitted Flow
BOG
Facility
Central Files: APS _ SWP
4/29/2014
Permit Tracking Slip
Status
Project Type
Active
New Project
Version
Permit Classification
1.00
COC
Permit Contact Affiliation
Facility Name Major/Minor Region
City of Hickory Compost Facility Minor Mooresville
Location Address County
900 Cloninger Mill Rd Catawba
Facility Contact Affiliation
Hickory NC 28601 Andrew Ballentine
900 Cloninger Mill Rd
Owner Hickory NC 28601
Owner Name Owner Type
City of Hickory Government - Municipal
Owner Affiliation
Mick Berry
PO Box 398
Dates/Events Hickory NC 28601039
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
4/29/2014 6/29/2012 4/29/2014 4/29/2014 4/29/2014 9/30/2016
Regulated Activities Requested (Received Events
Composting - large Type I discharges
Outfall 100
Waterbody Name Streamindex Number Current Class Subbasin
Falling Creek 11-60 C 03-08-32

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Andrew Ballentine
City of Hickory
76 North Center Street
Hickory, NC 28601
John E. Skvaria, III
Secretary
April 29, 2014
Subject: General Permit No. NCG240000
City of Hickory Compost Facility
COC NCG24001 l
Catawba County
Dear Mr. Ballentine:
in accordance with your application for an NPDES stormwater discharge permit received on June
29, 2012, we are forwarding herewith the subject certificate of coverage to discharge under the
subject state — NPDES general permit. This permit is issued pursuant to the requirements of
North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as
subsequently amended).
Based on your representation in the permit application that the City of Hickory Compost Facility
is a Type 1 compost facility, the provisions of the recently enacted Session Law 2012-200 pertain
to the facility. Consistent with the provisions of SL 2012-200, DWQ will permit all the
composting discharges from your Type 1 facility under the stormwater discharge provisions of the
permit, and the General Permit requirements related to process wastewater discharges do not
apply to the composting discharges from your Type l facility.
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.
Please note that this certificate of coverage is not transferable except upon the specific action of
the Division of Water Quality.
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:Nportal.ncd_enr.org/web4
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled I110% Post Consumer Paper

If you have any questions concerning this permit, please contact Ken Pickle at telephone number
(9I 9) 807-6376, or at [e-mail].
Sincerely,
for Tracy E. Davis, P.E.
cc: Mooresville Regional Office
Central Files
Stormwater Permitting Program Files ,
Enclosures
Certificate of Coverage NCG2400xx -
Copy of General Permit NCG2400000, permittee only :-
4. Quarterly stormwater monitoring forms, permittee only
4, Visual monitoring forms, permittee only

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY MINERAL & LAND RESOURCES
CERTIFICATE OF COVERAGE No. NCG240011: authorizing SURFACE WATER DISCHARGES
under the National Pollutant Discharge Elimination System (NPDES) program.
In compliance with the provision of North Carolina General Statute 143-215.1 as amended by North
Carolina Session Law 2012-200, other lawful standards and regulations promulgated and adopted by
the North Carolina Environmental Management Commission, and the Federal Water Pollution Control
Act, as amended,
City of Hickory
is hereby authorized to discharge from a Type I composting facility (as defined in 15A NCAC 13B
.1400) located at
City of Hickory Compost Facility
900 Cloninger Mill Road
Hickory
Catawba County
to receiving waters designated as UT to Falling Creek, a class C, water in the Catawba River Basin.
Pursuant to the provisions of Session Law 2012-200, a Type 1 composting facility is not required to
have a NPDES permit for discharge of process wastewater. Notwithstanding any contrary provisions
in the General Permit, all discharges of stormwater, including stormwater which comes into direct
contact with or results from the production or use of any raw material, intermediate product, finished
product, byproduct, or waste product are authorized which comply with the stormwater pollution
management_reguirem_ ents, monitoring requirements, reporting requirements, and other conditions set
forth in Part I, Part II A - D, Part IV, Part V, Part VI, and Part VIl of General Permit No. NCG240000.
In accordance with the provisions of Session Law 2012-200, the process wastewater management
requirements do not apply to the composting discharges from this Type I facility, and all composting
operation discharges are authorized when the facility complies only with the stormwater provisions of
the General Permit. To the extent any provisions may be read to impose the process wastewater
standards in the General Permit to discharges from the permittee's facility, the provisions are
suspended and do not apply.
This Certificate of Coverage is an enforceable part of General Permit NCG240000, and shall become
effective for the permittee on April 29, 2014.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day, April 29, 2014.
for Tracy E. Davis, P.E., Director
Division of Energy Mineral & Land Resources
By the Authority of the Environmental Management Commission

NCG240011
Map Scale 1:24, 000
City of Hickory
City of Hickory Compost Facility
Latitude: 350 47' 09" N
Longitude: -811 18' 14" W
County: Catawba
Receiving Stream: UT to Falling Creek
Stream Class: C
Sub -basin: 03-08-32 (Catawba River Basin)
m
FIM -a
■ig
!r
Facility Location

tKO-1
•
— — -r North Carolina
June 27, 2012
Stormwater Permitting Unit
Division of Water Quality
NCDENR
1617 Mail Service Center
Raleigh, NC 27699-1617
Engineering Department
Subject: Notice of Intent for Coverage under NPDES General Permit NCG240000
Dear Sir or Madam:
City of Hickory
Post Office Box 398
Hickory, NC 28603-0398
Telephone [phone]
Fax [phone]
4 L�C��fl
JUN 2 9 2012
DENR -WATER QUALITY
We hereby request coverage, for the City of Hickory's Type 1 Compost Facility, under the Division of
Water Quality's National Pollutant Discharge Elimination System General Permit NCG240000.
Please find enclosed the following documents:
(1) One executed original and one copy of the completed notice of intent form.
(2) Two copies of the site plan.
(3) Two site location maps taken from the City map.
The check in the amount of one hundred dollars for the permit fee is not enclosed. This will be mailed
separately by the City's Finance Department at the end of next week.
If you have any questions, please contact me at 828 323-7416. You may also contact me by e-mail at
twattsnhickorync.gov.
Sincerely,
qTr;ry. Watts
Civil Engineer
Enclosures
C: Mr. Chuck Hansen
Mr. Ed Bowman
Mr. Andrew Ballentine

Ae�_K WA
�, Division of Water Quality / Surface Water Protection
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NCDENR National Pollutant Discharge Elimination System
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NCG240000
NOTICE OF INTENT
FOR AGENCY USE ONLY
Date Received
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National Pollutant Discharge Elimination System application for coverage under General Permit
NCG240000 for
STORMWATFCR AND PROCESS WASTEWATER DISCHARGES associated with activities classified as:
SIC Code (Standard Industrial Classification Code) 2875 Compost facilities, and like activities.
For questions, please contact the DWQ Central Office or Regional Office for your area. (See page 6)
1) Mailing address of owner/operator (official address to which al[ permit correspondence will be
mailed): (Please print or type all entries in this application form.)
Legal Owner Name City of Hickory - Public Services - Solid Waste Division
(Please attach the most recent Annual Report to the NC Secretary of State showing the current legal name.)
Street Address 76 North Center Street (Mail: PO Box 398, 28603)
City Hickory State NC ZIP Code 28601
Telephone No. 828 323-7400 Email
Alternate Contact Name Andrew Ballentine Email (if different) [e-mail]
Alternate Contact Telephone (if different) 828 323-7439
2) Location of facility producing discharge:
Facility Name City of Hickory Compost Facility
Facility Contact Andrew Ballentine
Street Address 900 Cloninger Mill Road
City Hickory State NC ZIP Code 28601
County Catawba
Telephone No. NA Email NA
3) Physical location information:
Please provide narrative directions to the facility (use street names, state road numbers, and distance and
direction from a roadway intersection). Approximately 0.5 miles southeast of highway NC127 on
Cloninger Mill Road, NE in Hickory
(A copy of county map or USGS quad sheet with the facility clearly located on the map is a required part of this application.)
4) Latitude 35 deg, 47 min, 9.1 sec North Longitude -81 deg, 18 min, 13.86 sec West (deg, min, sec)
5) This NPDES Permit Application applies to the following (check appropriate box):
❑ New or Proposed Facility Date operation is to begin
XX Existing Facility
DWQ Permit #
6) Consulting Engineer's (or other qualified design staff's) application information:
Consulting Engineer:
Consulting Firm:
Mailing Address:
City: _
State:
Zip Code:
(Optional)
Staple Business Card Here:
Page 1 of 6
SW U-NCG24NOI-12082011

NCG240000 N.O.I.
VU
Phone:( )
Fax: ( )
Email:
7) Provide the 4 digit SIC Code that describes the primary industrial activity at this facility:
SIC Code: 2875
8) Provide a brief description of the types of industrial activities and products produced at this facility,
including the DWM compost facility classification:
Type 1 Large Compost Facility, Activities -_grind limbs, brush, and Leaves, Final products - leaf
compost and ground mulch
Receiving waters
9) Discharge points i Receiving waters:
Number of discharge points (ditches, pipes, channels, etc.) that convey stormwater and/or process
wastewater off the property: Note: According to the permit definition, Part II, Page 10, Section E.
Stormwater only. Process wastewater only: Both commingled: 1
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the stormwater and/or
process wastewater discharges first enter? Unnamed tributarxto Falling Creek
Receiving water classification(s), if known: Unclassified
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer). NA
Will this facilitv discharae to
Shellfishing waters (Classified SA)?
❑ Yes
XX No
Trout waters (Classified Tr)?
❑ Yes
XX No
High Quality Waters (Classified HQW)?
❑ Yes
XX No
Outstanding Resource Waters (Classified ORW)?
❑ Yes
XX No
Primary Nursery Area waters (Classified PNA)?
❑ Yes
XX No
Nutrient Sensitive Waters (Classified NSW)?
❑ Yes
XX No
Water Supply Watershed Waters (Classified WS I — WS V)?
❑ Yes
XX No
'Zero -flow' streams (as described in 15A NCAC 2B .0206)?
❑ Yes
XX No
Note: Discharge of process wastewater to receiving waters classified as public water supply WS-II
to WS-V must be approved by the Public Water Supply Section of the Division of Water
Resources. if DWR does not approve, coverage under NCG240000 cannot be granted. No new
discharges of process wastewater are permitted in receiving waters classified as WS-1 or
freshwater ORW. Similarly, the Division of Environmental Health Shellfish Sanitation Program
must approve process wastewater discharges to SA (shellfish) waters.
10) Does the facility use any of the following on site?
XX Liquid, granular, or other materials added for their concentrated phosphorus compounds content?
XX Liquid, granular, or other materials added for their concentrated nitrogen compounds content?
sW U-NCG24NOI-12082011
Page 2 of 6

NCG240000 N.O.I.
Process wastewater (Process wastewaters are defined in Part 11 Section E of the General Permit text.)
11) Will your facility discharge process wastewaters to surface waters?
XX Yes ❑ No According to the permit definition, Part 11, Page 10, Section E.
12) Are wastewater treatment facilities planned within the 100-year flood plain?
❑ Yes XX No
13) Consideration of alternatives to surface water discharge for process wastewaters
a) Land Surface or Subsurface Disposal System (e.g., spray irrigation):
i) Is a land surface or subsurface disposal technologically feasible (possible)?.......... ❑ Yes XX No
Why or Why not? Final product is ground leaves and mulch_
ii) Is a land surface or subsurface disposal system feasible to implement?* ................❑ Yes XX No
Why or Why not? Final product is ground leaves and mulch
iii) What is the feasibility of employing a subsurface or land surface discharge as compared to a direct
discharge to surface waters?* Not feasible for this location.
b) Connection to a Municipal or Regional Sewer Collection System:
Are there existing sewer lines within a one -mile radius? ..................................... XX Yes ❑ No
(1) If Yes, will the wastewater treatment plant (WWTP) accept the discharge? ....... XX Yes ❑ No
(a) 1f No, please attach a letter documenting that the WWTP will not accept the discharge.
(b) If Yes, is it feasible to connect to the WWTP? Why or why not?* The City of Hickory will
study the feasibility of connecting to the sanitary sewer system in the next fiscal year.
c) Closed -loop Recycle System meeting the design requirements of 15A NCAC 2T .1000:
Are you already proposing a closed -loop recycle system (CLRS)? ...................... ....❑ Yes
(1) If Yes, contact DWQ's Aquifer Protection Section's Land Application Unit for permitting
alternatives.
(2) If No, is this option technologically feasible (possible)? Why or why not?*NA
XX No
(3) If No, is it feasible to build a CLRS on your site? Why or why not?* NA
(4) What is the feasibility of building a CLRS compared to direct surface water discharge?*NA
d) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound
WK`a alternative of all reasonably cost-effective options being considered?*...........................XX Yes ❑ No
Page 3 of 6
SW U-NCG24NOI-12082011

NCG240000 N.O.I.
ilE'r
i) If No, you may not be eligible for coverage under NCG240000; please contact D WQ's Stormwater
Permitting Unit for guidance.
il) If No, contact DWQ's Land Application Unit to determine alternative permitting requirements.
NOTE: The City of Hickory will study the feasibility of connecting to the sanitary sewer system in
the next fiscal year.
'Per NC rules at 15A NCAC 2H .0105(c)(2). You maybe asked to provide further information to support your
answers to these questions after the initial review. Feasibility should consider initial and recurring costs.
Process wastewater treatments stem performance
You are applying for coverage under NCG240000 which enforces process wastewater effluent limitations on
the pollutants BOD, TSS, pH, and fecal coliform. Except as specifically provided in the General Permit text,
or DWQ compliance schedule, any exceedances of the process wastewater effluent limitations are a violation
of the terms and conditions of the permit, and may be the basis for DWQ enforcement action.
Also please note: NC rule 15A NCAC 2H .0139 requires that wastewater treatment system design be
accomplished by a North Carolina Professional Engineer.
Stormwater
14) Does this facility employ any best management practices for stormwater control?
❑ No XX Yes
If Yes, please describe briefly: A stormwater detention pond exists at the facil
15) Does this facility have a Stormwater Pollution Prevention Plan?
XX No ❑ Yes
If Yes, when was it implemented?
16) Are vehicle maintenance activities (VMA) occurring or planned at this facility?
XX No ❑Yes
Other required information; other permitting
17) A complete application must include two 24"06" site plans drawn to scale with the following
information: bar scale, north arrow, property lines, topographic contour lines, fence lines, roads, paved
areas, location of the various composting activities with identifying labels, site buildings, surface water
drainage features and wetlands, wells, stormwater and wastewater conveyances, process wastewater
treatment facilities, stormwater BMPs, location of discharge points for both stormwater and process
wastewater discharges, delineation of drainage divides between the various subdrainage areas feeding each
discharge point, delineation of the 100-yr floodplain if present, and a notation of the water quality classification
of the receiving water that site waters eventually discharge to.
18) A complete application must include: A general and brief narrative description of the compost
manufacturing sequence at the applicant's site, the general feedstocks, the determination of whether the
site's final product qualifies as `finished compost' as referenced in the General Permit text (NCG240000) and
as determined by the DWM permitting process, identification of the stormwater BMPs employed, and the
general nature of the wastewater treatment system utilized to meet process wastewater discharge limits.
19) Is the facility the subject of any current NCDENR Notice of Violation, consent order, compliance
schedule, or other enforcement action?
XX No ❑ Yes
If Yes, provide a brief explanation:
Page 4of6
SVVU-NCG24 N O f-12082011

NCG240000 N.O.I.
20) Does this facility have any other NPDES permits?
XX No ❑ Yes
If Yes, list them: _
21) Does this facility have any Non -Discharge permits (ex: recycle permits)?
XX No ❑ Yes
If Yes, list them: _
22) Does this facility have a Division of Waste Management permit?
❑ No XX Yes
If Yes, Permit number(s): 5WC-18-06
23) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
XX No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month)
of hazardous waste?
XX No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
XX No ❑ Yes
d) Type(s) of waste:
How is material stored?NA
Where is material stored?NA
How many disposal shipments per year?NA
Name of transport 1 disposal vendor: NA _
Vendor address: NA
�— Final Checklist
47 This application will be returned as incomplete unless all of the following items have been included:
❑ One check for $100 made payable to NCDENR. NOTE: A check will be forwarded by the City of
Hickory Finance Department after July 4th.
❑ One original and one copy of this completed and signed application.
NA Two copies of the most recent Annual Report to the Secretary of State showing the current legal name.
❑ Two copies of the site plan.
❑ Two site location maps (county map or USGS quad sheet) with the location of the facility clearly marked.
Page 5 of 6
SWU-NCG24NOI-12082011

NCG240000 N.O.I.
24) Certification:
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
I hereby request coverage under the referenced General Permit. I understand that coverage under this
permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as
an individual permit.
I certify that I am familiar with the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Signing: Mick Berry
Title: City Manager (Please note federal rule signatory requirements at
40CFRi22.22)
(Signature of Applicant)
Z
( ate igned)
V
rNotice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR
,
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
For questions, please contact the DWQ Central Office or Regional Office for your area.
DWQ Regional Office Contact Information
Asheville............
[phone]
Fayetteville ........
[phone]
Mooresville ........
[phone]
Raleigh .............
[phone]
Washington.........
[phone]
Wilmington..........
[phone]
Winston-Salem...
[phone]
Central Office .....
[phone]
Page 6 of 6
SWU-NCG24NOI-I 2082011

A=*A
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Andrew Ballentine
City of Hickory
76 North Center Street
Hickory, NC 28601
Dear Mr. Ballentine:
John E. Skvarla, III
Secretary
April 29, 2014
Subject: General Permit No. NCG240000
City of Hickory Compost Facility
COC NCG240011
Catawba County
In accordance with your application for an NPDES stormwater discharge permit received on June
29, 2012, we are forwarding herewith the subject certificate of coverage to discharge under the
subject state — NPDES general permit. This permit is issued pursuant to the requirements of
North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as
subsequently amended).
Based on your representation in the permit application that the City of Hickory Compost Facility
is a Type 1 compost facility, the provisions of the recently enacted Session Law 2012-200 pertain
to the facility. Consistent with the provisions of SL 2012-200, DWQ will permit all the
composting discharges from your Type 1 facility under the stormwater discharge provisions of the
permit, and the General Permit requirements related to process wastewater discharges do not
apply to the composting discharges from your Type 1 facility.
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.
Please note that this certificate of coverage is not transferable except upon the specific action of
the Division of Water Quality.
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:llportal.ncdenr.orslwebllrl
An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

If you have any questions concerning this permit, please contact Ken Pickle at telephone number
[phone], or at [e-mail].
Sincerely,
for Tracy E. Davis, P.E.
cc: Mooresville Regional Office
Central Files
Stormwater Permitting Program Files
Enclosures
Certificate of Coverage NCG2400xx
Copy of General Permit NCG2400000, permittee only
4, Quarterly stormwater monitoring forms, permittee only
4, Visual monitoring forms, permittee only

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY MINERAL & LAND RESOURCES
CERTIFICATE OF COVERAGE No. NCG240011: authorizing SURFACE WATER DISCHARGES
under the National Pollutant Discharge Elimination System (NPDES) program.
In compliance with the provision of North Carolina General Statute 143-215.1 as amended by North
Carolina Session Law 2012-200, other lawful standards and regulations promulgated and adopted by
the North Carolina Environmental Management Commission, and the Federal Water Pollution Control
Act, as amended,
City of Hickory
is hereby authorized to discharge from a Type 1 composting facility (as defined in 15A NCAC 13B
.1400) located at
City of Hickory Compost Facility
900 Cloninger Mill Road
Hickory
Catawba County
to receiving waters designated as UT to Falling Creek, a class C, water in the Catawba River Basin.
Pursuant to the provisions of Session Law 2012-200, a Type 1 composting facility is not required to
have a NPDES permit for discharge of process wastewater. Notwithstanding any contrary provisions
in the General Permit, all discharges of stormwater, including stormwater which comes into direct
contact with or results from the production or use of any raw material, intermediate product, finished
product, byproduct, or waste product are authorized which comply with the stormwater pollution
management requirements, monitoring requirements, reporting requirements, and other conditions set
forth in Part I, Part 11 A - D, Part IV, Part V, Part VI, and Part VII of General Permit No. NCG240000.
In accordance with the provisions of Session Law 2012-200, the process wastewater management
requirements do not apply to the composting discharges from this Type I facility, and all composting
operation discharges are authorized when the facility complies only with the stormwater provisions of
the General Permit. To the extent any provisions may be read to impose the process wastewater
standards in the General Permit to discharges from the permittee's facility, the provisions are
suspended and do not apply.
This Certificate of Coverage is an enforceable part of General Permit NCG240000, and shall become
effective for the permittee on April 29, 2014.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day, April 29, 2014.
P-C:,
for Tracy E. Davis, P.E., Director
Division of Energy Mineral & Land Resources
By the Authority of the Environmental Management Commission

NCG 240011
Map Scale 1: Z4, 000
City of Hickory
City of Hickory Compost Facility
Latitude: 350 47' 09" N
Longitude: -811 18' 14" W
County: Catawba
Receiving Stream: UT to Falling Creek
Stream Class: C
Sub -basin: 03-08-32 (Catawba River Basin)
I
,r
Facility Location

- .
f
r '
t:.`,North Carolina-..
June 27, 2012
Stormwater Permitting Unit
Division of Water Quality
NCDENR
1617 Mail Service Center
Raleigh, NC 27699-1617
Engineering Department
Subject: Notice of intent for Coverage under NPDES General Permit NCG240000
Dear Sir or Madam:
City of Hickory
Post Office Box 398
Hickory, NC 28603-0398
Telephone [phone]
Fax [phone]
' L
JUG"I I 2012
DENR - wATER QUALITY
Fetlands & Skvrnw.,#_ arm._
We hereby request coverage. for the City of Hickory's Type 1 Compost Facility, under the Division of
Water Quality's National Pollutant Discharge Elimination System General Permit NCG240000.
Please find enclosed the following documents:
(1) One executed original and one copy of the completed notice of intent form.
(2) Two copies of the site plan.
(3) Two site location maps taken from the City map.
The check in the amount of one hundred dollars for the permit fee is not enclosed. This will be mailed
separately by the City's Finance Department at the end of next week,
If you have any questions, please contact me at 828 323-7416. You may also contact me by e-mail at
[e-mail].
Sincerely,
T rry. . Watts
Civil Engineer
Enclosures
C: Mr. Chuck Hansen
Mr. Ed Bowman
Mr. Andrew Ballentine

Division of Water Quality / Surface Water Protection
NC®ENR National Pollutant Discharge Elimination System
Nprrn C..ao — ov.rr,� o
Ern+wa+�Yxr .+o N.aw..l �,ar,cn
NCG240000
NOTICE OF INTENT
FOR AGENCY USE ONLY
Daie Received
Year
Month
Da
Certificate ofCovera
e
NICIG121MAsrird..
Check NPerm
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG240000 for
STORMWATER AND PROCESS WASTEWATER DISCHARGES associated with activities classified as:
SIC Code (Standard Industrial Classification Code) 2875 Compost facilities, and like activities.
For questions, please contact the DWQ Central Office or Regional Office for your area. (See page 6)
1) Mailing address of owner/operator (official address to which all permit correspondence will be
mailed): (Please print or type all entries in this application form.)
Legal Owner Name City of Hickory - Public Services - Solid Waste Division
(Please attach the most recent Annual Report to the NC Secretary of State showing the current legal name)
Street Address 76 North Center Street Mail: PO Box 398 28603
City Hickory State NC ZIP Code 28601
Telephone No. 828 323-7400 Email
Alternate Contact Name Andrew Ballentine Email (if different) aballentine@hickorync-gov
Alternate Contact Telephone (if different) 828 323-7439
2) Location of facility producing discharge:
Facility Name City of Hickory Compost Facility
Facility Contact Andrew Ballentine
Street Address 900_Cloninger Mill Road
City Hickory State NC ZIP Code 28601
County Catawba
Telephone No. NA Email NA
3) Physical location information:
Please provide narrative directions to the facility (use street names, state road numbers, and distance and
direction from a roadway intersection). Approximately 0.5 miles southeast of highway NC127 on
Cloninger Mill Road, NE in Hickory
(A copy of a county map or USGS quad sheet with the facility clearly located on the map is a required part of this application.)
4) Latitude 35 deg, 47 min, 9.1 sec North Longitude -81 deg, 18 min, 13.86 sec West (deg, min, sec)
5) This NPDES Permit Application applies to the following (check appropriate box):
❑ New or Proposed Facility Date operation is to begin
XX Existing Facility
DWQ Permit 1#
6) Consulting Engineer's (or other qualified design staffs) application information:
Consulting Engineer:
Consulting Firm:
Mailing Address:
City:
State:
Zip Code:
(Optional)
Staple Business Card Here:
Page 1 of 6
SWU-NCG24NOI-12082011

vl
1 �s
NCG240000 N.O.I.
Phone: ( _
Fax: ()
Email:
7) Provide the 4 digit SIC Code that describes the primary industrial activity at this facility.
SIC Code: 2875
8) Provide a brief description of the types of industrial activities and products produced at this facility,
including the DWM compost facility classification:
Type 1 Large Compost Facility, Activities — grind limbs, brush, and leaves, Final products - leaf
compost and ground mulch
Receiving waters
9) Discharge points 1 Receiving waters:
Number of discharge points (ditches, pipes, channels, etc.) that convey stormwater and/or process
wastewater off the property: Note: According to the permit definition, Part 11, Page 10, Section E.
Stormwater only. Process wastewater only: Both commingled. 9
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the stormwater and/or
process wastewater discharges first enter? Unnamed tributary to Failing Creek
Receiving water classification(s), if known: Unc
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer). NA
Will this facility discharge to:
Shellfishing waters (Classified SA)?
❑ Yes
XX No
Trout waters (Classified Tr)?
❑ Yes
XX No
High Quality Waters (Classified HQW)?
❑ Yes
XX No
Outstanding Resource Waters (Classified ORW)?
❑ Yes
XX No
Primary Nursery Area waters (Classified PNA)?
❑ Yes
XX No
Nutrient Sensitive Waters (Classified NSW)?
❑ Yes
XX No
Water Supply Watershed Waters (Classified WS I — WS V)?
❑ Yes
XX No
'Zero -flow' streams (as described in 15A NCAC 26 .0206)?
❑ Yes
XX No
Note: Discharge of process wastewater to receiving waters classified as public water supply WS-11
to WS-V must be approved by the Public Water Supply Section of the Division of Water
Resources. If DWR does not approve, coverage under NCG240000 cannot be granted. No new
discharges of process wastewater are permitted in receiving waters classified as WS-1 or
freshwater QRW. Similarly, the Division of Environmental Health Shellfish Sanitation Program
must approve process wastewater discharges to SA (shellfish waters.
10) Does the facility use any of the following on site?
XX Liquid, granular, or other materials added for their concentrated phosphorus compounds content?
XX Liquid, granular, or other materials added for their concentrated nitrogen compounds content?
SW U-NCG24NOI-12082011
Page 2 of 6

NCG240000 N.O.I.
Process wastewater (Process wastewaters are defined in Part 11 Section E of the General Permit text.)
11) Will your facility discharge process wastewaters to surface waters?
XX Yes ❑ No According to the permit definition, Part 11, Page 10, Section E.
12) Are wastewater treatment facilities planned within the 100-year flood plain?
❑ Yes XX No
13) Consideration of alternatives to surface water discharge for process wastewaters
a) Land Surface or Subsurface Disposal System (e.g., spray irrigation):
i) Is a land surface or subsurface disposal technologically feasible (possible)?.......... © Yes XX No
Why or Why not? Final product is ground leaves and mulch
ii) Is a land surface or subsurface disposal system feasible to implement?* ................❑ Yes XX No
Why or Why not? Final product is ground leaves and mulch
iii) What is the feasibility of employing a subsurface or land surface discharge as compared to a direct
discharge to surface waters?" Not feasible for this location.
b) Connection to a Municipal or Regional Sewer Collection System:
i) Are there existing sewer lines within a one -mile radius? ..................................... XX Yes ❑ No
(1) If Yes, will the wastewater treatment plant (WWTP) accept the discharge? ....... XX Yes ❑ No
(a) If No, please attach a letter documenting that the WWTP will not accept the discharge.
(b) if Yes, is it feasible to connect to the WWTP? Why or why not?" The City of Hickory will
study the feasibility of connecting to the sanitary sewers stem in the next fiscal year.
c) Closed -loop Recycle System meeting the design requirements of 15A NCAC 2T .1000:
i) Are you already proposing a closed -loop recycle system (CLRS)? ..........................❑ Yes XX No
(1) If Yes, contact DWQ's Aquifer Protection Section's Land Application Unit for permitting
alternatives.
(2) If No, is this option technologically feasible (possible)? Why or why not?"NA
(3) if No, is it feasible to build a CLRS on your site? Why or why not?"
(4) What is the feasibility of building a CLRS compared to direct surface water discharge?'NA
YO)
�d) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound
alternative of all reasonably cost-effective options being considered?*..... ..................... XX Yes ❑ No
Page 3 of 6
SWU-NCG24NOI-I2082011

NCG240000 N.O.I.
i) if No, you may not be eligible for coverage under NCG240000, please contact DWQ's Stormwater
Pennitting Unit for guidance,
ii) if No, contact D WQ's Land Application Unit to determine alternative permitting requirements_
NOTE: The City of Hickory will study the feasibility of connecting to the sanitary sewer system in
the next fiscal year.
*Per NC rules at 15A NCAC 2H .0105(c)(2). You maybe asked to provide further information to support your
answers to these questions after the initial review. Feasibility should consider initial and recurring costs.
Process wastewater treatment system performance
You are applying for coverage under NCG240000 which enforces process wastewater effluent limitations on
the pollutants BOD, TSS, pH, and fecal coliform. Except as specifically provided in the General Permit text,
or DWQ compliance schedule, any exceedances of the process wastewater effluent limitations are a violation
of the terms and conditions of the permit, and may be the basis for DWQ enforcement action.
Also please note: NC rule 15A NCAC 2H .0139 requires that wastewater treatment system design be
accomplished by a North Carolina Professional Engineer.
Stormwater
14) Does this facility employ any best management practices for Stormwater control?
❑ No XX Yes
If Yes, please describe briefly: A stormwater detention pand exists at the facility.
15) Does this facility have a Stormwater Pollution Prevention Plan?
XX No ❑ Yes
If Yes, when was it implemented?
16) Are vehicle maintenance activities (VMA) occurring or planned at this facility?
XX No ❑Yes
Other_reguired informations_ other permitting
17) A complete application must include two 24"06" site plans drawn to scale with the following
information: bar scale, north arrow, property lines, topographic contour lines, fence lines, roads, paved
areas, location of the various composting activities with identifying labels, site buildings, surface water
drainage features and wetlands, wells, Stormwater and wastewater conveyances, process wastewater
treatment facilities, stormwater BMPs, location of discharge points for both stormwater and process
wastewater discharges, delineation of drainage divides between the various subdrainage areas feeding each
discharge point, delineation of the 100-yr floodplain if present, and a notation of the water quality classification
of the receiving water that site waters eventually discharge to.
18) A complete application must include: A general and brief narrative description of the compost
manufacturing sequence at the applicant's site, the general feedstocks, the determination of whether the
site's final product qualifies as 'finished compost' as referenced in the General Permit text (NCG240000) and
as determined by the DWM permitting process, identification of the stormwater BMPs employed, and the
general nature of the wastewater treatment system utilized to meet process wastewater discharge limits.
19) Is the facility the subject of any current NCDENR Notice of Violation, consent order, compliance
schedule, or other enforcement action?
XX No ❑ Yes
If Yes, provide a brief explanation:
Page 4 of 6
SW li-NCG24NOI-12082011

NCG240000 N.O.I.
20) Does this facility have any other NPDES permits?
XX No ❑ Yes
If Yes, list them: _
21) Does this facility have any Non -Discharge permits (ex: recycle permits)?
XX No ❑ Yes
If Yes, list them:
22) Does this facility have a Division of Waste Management permit?
❑ No XX Yes
If Yes, Permit number(s): SWC-18-06
23) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
XX No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month)
of hazardous waste?
XX No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
XX No ❑ Yes
d) Type(s) of waste:
How is material stored?NA
Where is material stored?NA
How many disposal shipments per year?NA
Name of transport 1 disposal vendor: NA
Vendor address: NA
Final Checklist
1 — This application will be returned as incomplete unless all of the following items have been included:
❑ One check for $100 made payable to NCDENR. NOTE: A check will be forwarded by the City of
Hickory Finance Department after July 4th.
❑ One original and one copy of this completed and signed application.
NA Two copies of the most recent Annual Report to the Secretary of State showing the current legal name.
❑ Two copies of the site plan.
❑ Two site location maps (county map or USGS quad sheet) with the location of the facility clearly marked.
Page 5 of 6
SW U-NCG24 NOI-12082011

NGG240000 N.O.I.
24) Certification:
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article of rules of the
[Environmental Management) Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
I hereby request coverage under the referenced General Permit. I understand that coverage under this
permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as
an individual permit.
I certify that i am familiar with the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed Name of Person Signing: Mick Berry _
Title: City Manager _ (Please note federal rule signatory requirements at
�40CFR122.22)
(Signature of Applicant) (bate igned)
r Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR
Mail the entire package to:
Stormwater Permitting Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
For questions, please contact the DWQ Central Office or Regional Office for your area.
DWQ Regional Office Contact Information
Asheville............
[phone]
Fayetteville ........
[phone]
Mooresville ........
[phone]
Raleigh .............
[phone]
Washington.........
[phone]
Wilmington.........,
[phone]
Winston-Salem...
[phone]
Central Office ....,
[phone]
Page 6 of 6
SW U-NCG24N 01-12082011

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