HomeMy WebLinkAboutNCG020463_COMPLETE FILE - HISTORICAL_20160121i�u. 144vL
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V Cc, o U V(a 3
DOC TYPE
'� HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ jot � l7 l a'
YYYYMMDD
a ertificate of Coverage
Page 1 of 1
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020463
STORMWATER AND WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Fogleman & Fogleman Soils Inc
is hereby authorized to discharge stormwater and/or wastewater, as provided in the original Certificate of
Coverage (COC), or subsequent COC modification, from a facility located at:
Fogleman Landfill & Mine
4005 Intermere Rd
Durham
Durham County
to receiving waters designated as Ellerbe Creek, class WS-IV;NSW,CA water(s) in the Neuse River
Basin(s) in accordance with the stormwater pollution management requirements, monitoring and
reporting requirements, and other conditions set forth in Parts I, 11, I11, IV, V, and VI of General Permit
No. NCG020000 as attached.
This Certificate of Coverage shall become effective October 1, 2015.
This Certificate of Coverage shall remain effective for the duration of the General Permit.
Signed this day October 1, 2015.
for Tracy E. Davis, P.E., CPM
Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
http://portal.ncdenr.org/web/lr/2015-crenewal 1 /21 /2016
.:.
Georgoulias, Bethany
From: Georgoulias, Bethany
Sent: Thursday, January 21, 2016 9:53 AM
To: 'Don Misenheimer'
Cc: Alexander, Laura
Subject: RE: NPDES COC NCG020463
Attachments: NCG020463_Corrected-COC.pdf
Hi Don,
Sorry for the delay in getting back to you on this. Somehow the outfall location was incorrect in our database for this
permit, and therefore connected to the wrong receiving waters. I pulled the file to check it; the records and original COC
say this site discharges to an unnamed tributary to Ellerbe Creek in the Neuse River Basin. By the location of the
facility's address, this appears to be accurate. Let me know if that's incorrect.
I have also changed the database, so if you go to the e-renewal website (http://portal.ncdenr.orp/web/Ir/2015-
erenewal) and enter the permit number (NCG020463) and PIN (44312), you will be able to access a revised COC and
enter an email address for an email confirmation. I have attached a copy of the COC, so it's not necessary to do that
unless you want to follow through those on-line steps for additional record -keeping.
We apologize for the mix-up on the receiving waters. Let me know if we can help with anything else.
Best regards,
Bethany
Bethany Georgoulias
Environmental Engineer
Stormwater Permitting Program, Division of lsnergy, Mineral, and Land Resources
N.C. Department of Environmental Quality
919 807 6372 office
bethan . ,,eor oulias ncdenr. ov
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
512 N. Salisbury Street, Raleigh, NC 27604 (location)
Website: http://portal.ncdenr.org/web/Ir/stormwater
—J "Nothing Compares--.,.
Kf C-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Don Misenheimer[mailto:don@smithgardnerinc.com]
Sent: Monday, January 18, 2016 9:13 AM
To: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov>
Subject: NPDES COC NCG020463
Bethany -
I hope you are doing well. I wanted to speak with you about the Fogleman& Fogleman NPDES COC that was
issued. Linda Fogleman contacted me and her concern is that the COC the Division provided her (attached)
has the wrong receiving waters, etc (Newport River, Oak River Basin - should be Neuse River).
What is the process for getting this corrected?
Thanks
Don M. Misenheimer
Project Scientist
SMITH + GARDNER
14 N. Boylan Avenue
Raleigh, NC 27603
P (919) 828.0577 x224
F (919) 828.3899
C (919) 815.4315
On Tue, Jan 27, 2015 at 9:46 AM, Georgoulias, Bethany <beth any. georoulias _,ncdenr.gov> wrote:
Ili Linda,
We received a request to renew your NCG02 permit from Mr. Don Misenheimer. I am forwarding to you
information about the NCG02 General Permit so that you know what to expect this year. It is being extended
until June, and then reissued with changes at that time. That's when we will,follow up again. Please see the
update to permittees below that we sent out last month. Just let me know if you have any questions.
Regards,
Bethany
Dear Stormwater Permitee:
We wanted to update you on the status of the NPDES NCG020000 General Permit for Mining Activities
(Stormwater and Wastewater discharges) renewal. We realize that this permit expired on December 31,
2014. However, if you do not have any outstanding annual fees, your facility continues to be covered under
the provisions of the current permit without a lapse in coverage.
In December, we noticed our intent to re -issue General Permit "NCG02" with no changes effective February
29 2015, and to then revise and reissue a new NCG02 with changes on June 1, 2015. Essentially, we are
extending the current permit for a short time period. We provided public notice in the N.C. Register, in
newspapers across the state, and on our website. Please see the notice here:
- ,a
http://portal.ncdenr.org/web/lr/stonnwater/event-calendar
What do you need to do next?
(1) No further action is required, unless you need to tell us about a change in contact information. Please
reply to this e-mail if you are no longer the contact for COC No. NCG020463,.
(2) Please ensure all annual fee invoices have been paid. ILina, 1 checked into this for you. All fees are
current on your permit, so no need to worry about this}.
(3) If you no longer need this permit, please be sure you have sent a rescission request form.
(4) Check our website in February for an update on the reissued NCG02 permit. Only the cover page will
be different (new effective/expiration dates). We will not send out a new Certificate of Coverage (COC) for
this reissuance. We will post the re -issued General Permit on our website.
What happens after that?
We'll continue to work on proposed revisions for NCG02. After the revised NCG02 permit goes out to public
notice for 30 days, we will issue the new NCG02 with changes. At that time, permit contacts will receive an
e-mail with renewal instructions and a unique PIN number. You will use this information to access your
renewal COC on-line (unless you requested a paper renewal). We anticipate that communication to go out in
June 2015.
If you have any questions or concerns, please contact us:
Ken Pickle, E-mail: ken. pickle a,ncdcnr.gou Telephone: (919) 807-6376, or
Bethany Georgoulias, E-mail: betliany.georgoulias e mcdenr.gov Telephone: (919) 807-6372
Bethany Georgoulias, Environmental Engineer
NCDENR I DEMLR I Stormwater Permitting
1612 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6372
Fax: (919) 807-6494
Website: http://Aortal,ncdenr.orglweb/Ir/stonnwater
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
Don M. Misenheimer
Project Scientist
SMITH + GARDNER
14 N. Boylan Avenue
Raleigh, NC 27603
P (919) 828.0577 x224
F (919) 828,3899
C (919) 815.4315
r:
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Fogleman & Fogleman Soils Inc
Attn: James Fogleman
4005 hitermere Rd
Durham, NC 27704
December 9, 2015
PAT ,MCCRORY
DONAI.D R. VAN DER VAART
Subject: NPDI:S Stormwater Permit Coverage Renewal COC #NCG020463
Dear Permittee:
TRACY DAVIS
Om" l"I
For coverage under NPDES General Permit NCG020000, the Division of Energy, Mineral and Land
Resources (DEMLR) is forwarding herewith the reissued Certificate of Coverage and
Stormwater/Wastewater General Permit. This permit is reissued pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North
Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently
amended,) The following information is included with your permit package:
• New Certificate of Coverage
• Storrnwater/Wastewater General Permit
• Technical Bulletin for the General Permit
+ Discharge Monitoring Report (I)MR) Forms
• Annual Discharge Monitoring Report Forms
• Qualitative Monitoring Report Forms
The General Permit authorizes discharges of stortnwater and/or wastewater (as applicable to your site),
and it specifies your obligations with respect to discharge controls, management, monitoring and record
keeping, Please review the new permit to familiarize yourself with all changes in the reissued permit.
Significant changes to the General Permit are outlined in the Technical Bulletin.
Your coverage under the General Permit is transferable only through the specific action of DLMLR, This
permit does not affect the legal requirements to obtain other permits which may be required by the N.C.
Department of Environmental Quality, nor does it relieve the permittee from responsibility for
compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order,
,judgment or decree.
If' you have any questions regarding this permit package please contact the DEMI_R Stormwater
Permitting Program at 919-707-9220.
Sincerely,
for Tracy E. Davis, P.E., C.P.M
Cc: Stormwater Permitting Files
Slate u1'11',vth Carnl in:, I rinv irnnnlePll¢ I o,,:,[ily I linmlgy. AlineiaE and 1-and Recr nure%
16 12 Mail Service Cenler 1 512 North Sallnhury SUCCI. I Raleigh. NC 27699-1012
919 707 920f 1 "1'
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCGQ2Q463
STDRMWATERAND WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Fogleman & Fogleman Soils Inc
is hereby authorized to operate approved wastewater treatment systems) and discharge
stormwater and/or wastewater, as approved in the original permit/application or
subsequent permit modification, from a facility located at:
Fogleman Landfill & Mine
4005 Intermere Rd
Durham
Durham County
to receiving waters designated as NEWPORT RIVER, a class SA;HQW water in the White
Oak River Basin, in accordance with the effluent limitations, monitoring requirements, and
other conditions set forth in Parts I, 11, II1, and IV of General Permit No. NCG020000 as
attached.
This certificate of coverage shall become effective October 1, 2015.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day October 1, 2015.
for Tracy E. Davis, P.E., CPM
Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
al
M- NC Division of Energy, Minerai,and Land Resources
u NPDES Stormwater Permit Contacts Summary
VC DF.MI-R has the lollmrine cm;tact inform ation in our Pcritth Dalahrso For xnur ncrutit ac of 112312015,
Perm[t NumbNCG0204��
Permit Type: ies Stormwater Discharge COC
Facility Name: Fanieni—Landfill /,jf A 175 /e(, Gt t T / 7V Z_ -
Facility Addressl: IMS lntermere Rd
Facility Address2:
City, State & Zip: Durham. NC 27701
Owner Information Ddailsd
Owner Name: Fogleman&. Fogleman Solis IRc
Owner Type: Man -Government Owner• Type Group; ftwizffban
i
"" K'` F"ems �'�' .+aycs�,.,;t r L e• �, _ .. �r - - s : «, r :� r - s -
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Owner Affiliation: 7ame5 K Foolt»nan
Addressl. !D95 Intermere Rd
Address2:
City, state & Zip: pur4r'14L.IYC ZZ749
Work Phone;
Email Address;
Title: DPG s i A64Wr
Fax: V 66 CL-'►-
gwnerrContact�Peisan S}��' �� �'�}�' wea•n t ,r �� n" « t � ,� ti . .. •' r`, . :.. � �' �t.
Contact Name Title Address phone Fir jl
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h005 intermere Rd, Durham, NC 27704 91 82 9068
VP 'llel' r -aA41
P,oM' mit C� anfactlP 90r1ieJ�,►['�'"-'.,�i r..x.,,?�{';':S;+k'.L'%,,�i'�rt:��' 3 `." e, • es'1:?�c:.l�,n,.ni�s� h s r•, !"_x • � _.a, niw, a,, . '`' 1;+.k'�.;KL'�ra''�
lift- Address Ption FAX
.Jl
4005 Intermere Rd, Durham, NC 27704 919-682-0068
Fogleman
ift
P_.Et.RQS3t
919.682.0068
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Alexander, Laura
From: Misenheimer <don@smithgardnerinc.com>
Sent: Tuesday, January 27, 2015 10:17 AM
To: Georgoulias, Bethany
Cc: Alexander, Laura
Subject: Re: NPDES Permit Renewal - NCG020000 - COC#NCG020463
Bethany -
Thanks for the info- I will have a answer from Linda for you soon.
She asked me if there was a way to get her actual COC for her records. She has been asked for it in the past but does not
have it.
Misenheimer
www.smithgardnerinc.com
On Jan 27, 2015, at 9:38 AM, Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> wrote:
Hi Don,
Thanks for the information. I have recorded a request to electronically renew this permit.
What to expect next: In February, when NCG02 is simply reissued "as is" for a brief period (until June
2015), we will not send any communication to permittees. The new cover page (with extension dates)
will simply be posted on our website with other permit documents
(http://portal.ncdenr.org/web/Ir/npdes-stormwater). I will forward Linda Fogleman information that
we already e-mailed out about it, and I'll CC you. Later this summer, after the NCG02 permit is renewed
with revisions, we will e-mail Linda instructions for electronic renewal and a PIN number. She'll be able
to access the renewal COC for this facility on-line. You will be.notified by a courtesy email to let you
know when we've sent that, since you were the one that submitted their renewal request.
Laura will help with the contact information updates in our system, Thanks again for providing us the
details.
Regarding the facility's name: can you also tell us whether the change you noted on the sheet is an
official change, or just a correction to what it was supposed to be? Our database has "Fogleman Landfill
& Mine," recorded from the original application. If the facility changed official names since then, we
need a Name/Ownership Change Form to document that. If this was a mistake, Laura should be able to
correct it with a confirmation from you or the owner contact, Please advise.
Thanks again,
Bethany
13elhujry Geoi,,go rlias, F.tavii-on meal Enghieer
NCDENR / Division of Energy. Mineral, and Land Resources
Storrnwater Permitting Program
1612 Mail Service Center, Raleigh, NC 27699-1612
512 N. Salisbury Street, Raleigh, NC 27604
9191 807-6372 (phone): 919 1807-6494 (far)
Website: htt :// (irtal.iicdenr.or.,l+veb/Ir/storm%%,ater
1>-7uni1 eurr'rs rnrdern'r ro ancl,irnnr rfris crclrGevc naus he .ruhlc•r•t to the; Yorrh Carolinu Farhlie fiee wjs !rnr oral ma), he d6cicrscd to rhirell?rtrri�.v.
From: Don Misenheimer [mail to don@smithgardnerinc.com]
Sent: Monday, January 26, 2015 4:00 PM
To: Georgoulias, Bethany
Cc: Alexander, Laura
Subject: RE: NPDES Permit Renewal - NCG020000 - COC#NCG020463
Bethany/Linda-
Thank you for your assistance on this. I have attached a scan with updates for the contact info etc
(report summary). Please let me know if you need clarification on any of those items.
Bethany, my client/ the permittee does wish to renew electronically. I assume we will get notification
when it is time via email?
Thanks again-
Misenheimer
SMITH + GARDNER
From: Georgoulias, Bethany [mailto:bethannaeorgoulias@ncdenr.gov]
Sent: Friday, January 23, 2015 8:51 AM
To: Don Misenheimer
Cc: Pickle, Ken; Alexander, Laura; Bennett, Bradley
Subject: RE: NPDES Permit Renewal - NCG020000 - COC#NCG020463
Hi Don,
Because we are only reissuing the NCG02 permit in February "as is" until June [when we'll renew it again
with revisions] we will not be sending new COCs to those permittees until this summer. However, when
the time comes, we will offer the option of downloading the renewal COC electronically, and we need to
know (1) if your client wishes to use that option (or wants a paper package mailed instead, which takes
longer), and (2) whether all the contacts are up to date in our system.
Would you please go to this Website and run a permit summary report for NCG020463, and let us
know whether anything has changed? Permit Contact, Owner Contact, and Facility Contacts can be
revised from a simple e-mail from you or the permittee with the information (you may even just scan in
the report with revisions noted and send that to us). There are instructions on this Website if you need
to make changes to Owner Affiliation or Company ownership.
http://Portal.ncdenr.org/web/Ir/sw-r)ermit-contacts
Please send that information to Laura Alexander, copied above.
Please email me back to let me know whether this permittee wishes to renew electronically in June,
or get a paper package sent to them instead.
Regards,
Bethany
BelhamJ Gcor-goulius, Envi1-onincutal En-ineel-
NCDF..NR / Division ot'fnergy, Mineral, and Land Resources
Storrnwater Permitting Program
1612 Mail Service Center. Raleigh. NC 27699-1612
512 N. Salisbury Street. Raleigh, NC 27604
919 1807-6372 (phone); 919 1 807-6494 (fax}
Website: http://portal.ncdenr.or!_,/web/h-/stoi-niwater
E-mail r r rrespwrder cC !o ancllrom lhis adclvesy maY bc• wblecf !a !hr North Curolirlrr Public Records law rend maY he disclosed w Third parries.
From: Don Misenheimer[mailto:don (&smithgardnerinc.corn]
Sent: Thursday, January 22, 2015 3:48 PM
To: Georgoulias, Bethany
Cc: Pickle, Ken
Subject: NPDES Permit Renewal - NCG020000 - COC#NCG020463
Bethany/Ken
Good afternoon, I hope you guys are doing well. I need some advice/direction for one of our
clients. Our client missed the renewal notification (expired Dec, 31, 2014) for the mining General Permit
(NCG020000). Their original COC number is NCG020463. Our client has maintained sampling and will
submit 2014 data by March 1, 2015 as required.
Is it possible for our client to submit the renewal for to you guys now to bring the permit back up to
date?
Thank you for the response -
Don M. Misenheimer
Project Scientist
SMITH + GARDNER
14 N. Boylan Avenue
Raleigh, NC 27603
P (919) 828.0577 ext. 224
C (919) 815.4315
www.smithgardnerinc.com
1 r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 20, 2009
Mr. James K. Fogelman
Fogelman & Fogelman Soils, Inc.
4005 Intermere Rd
Durham, NC 27704
SUBJECT: Compliance Evaluation Inspection
Fogelman & Fogelman Soils, Inc.
Permit Number - NCG020463
County - Durham
Dear Mr. Fogelman:
On November 20, 2009, Autumn Romanski, of the Division of Water Quality (DWQ), Raleigh Regional Office,
performed a stormwater compliance evaluation inspection of the landfilUmine. Your assistance and cooperation
was helpful and appreciated. Inspection findings are listed below.
Industry and,Site Description Y 1
F
_ u r r u_�.........,,...«._�r:a__,un�...,;.�.�.._.W�,+.....w..��.:a......_.;...�...,�,�,..f
Fogelman & Fogelman Soils is in process of reclamation at a prior mine site. The mine is being filled debris
approved by the Division of Solid Waste and Division of Land Quality. Stormwater runoff and process
wastewater generated at mines is regulated by General Permit NCG020000. DWQ has therefore issued
certificate of coverage, NCG020463; which became effective on March 19, 2009. However, the mine
reclamation was completed in January 2009 and revocation was issued on January 28, 2009.
The facility's stormwater outfalls were observed and all stormwater was contained in stormwater retention
ponds. No flow was being discharged the day of the inspection.
Inspectimry on Suma_� <6 a <^ ,T— .__..
The facility provided operations documents that cover stormwater management. Since the 2008 site inspection
NOV-2008-PC-0860, the facility has kept stormwater records on -site, provided a map and BMP's. The permit
was renewed in March 2009, but we discussed if the mine and landfill activities have stopped, the permittee
should determine if a rescission should be requested, since permits for activities were revoked in January
2009.Please see the attached Summary Comments of this inspection report. It is our goal to insure the quality
of the surface waters of this State.
If you or your staff have any questions, do not hesitate to contact Autumn Romanski at 919-791-4200.
NCG070075
Sincerely,
Autumn Romanski
Enclosures
cc: Central files
RRQIDWQ Stormwater Compliance Files
Stormwater Permitting Unit
3400 Barrett Drive
Raleigh, North Carolina 27609
Phone:919-791-4200 Fax:919-788-7159
Page 2
Nof'e Carolina
Natmrallff
Permit: NCG020463
SOC:
County: Durham
Region: Raleigh
Compliance Inspection Report
Effective: 01/19/05 Expiration: 12/31/09 Owner: Fogleman & Fogleman Soils Inc
Effective: Expiration: Facility: Fogleman Landfill & Mine
4005 Intermere Rd
Contact Person: James K Fogleman
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Durham NC 27704
Title: Phone: 919-682-0068
Certification: Phone:
Inspection Date: 11/20/2009 Entry Time: 09:30 AM Exit Time: 12:30 PM
Primary Inspector: Autumn H Romanski ,%, z Phone: 919-791-4247
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
■ Storm Water
(See attachment summary)
Page: 1
Permit: NCG020463 Owner - Facility: Fogleman & Fogleman Soils Inc
Inspection Date: 11120/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
This facility was permitted by DWM for mine reclaimation, but permit was revoked January 28, 2009-Reclaimation
completed.
Currently permitted as landfill and mine NCG02-Stormwater permit, but activities have been completed and DWM permit
revoked.
Reviewed the Fogelman Operations Document which covers Stormwater.
Observed outfalls, and discussed whether site has activities that fall under the NCG02 anymore, as a closed out
reclamation site. Recommended that the permittee determine if rescinsion request is appropriate?
Page: 2
Permit: NCG020463 Owner - Facility: Fogleman & Fogleman Soils Inc
Inspection Date: 11/20/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ■ ❑
# Does the Plan include a General Location (IJSGS) map? ❑ D ■ ❑
# Does the Plan include a "Narrative Description of Practices"? ❑ n ■ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ■ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑
❑
■
❑
# Has the facility evaluated feasible alternatives to current practices?
❑
❑
■
❑
# Does the facility provide all necessary secondary containment?
n
n
■
n
# Does the Plan include a BMP summary?
n
❑
■
❑
# Does the Plan include a Spill Prevention and Response Plan (Si
■
n
n
n
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
■
❑
n
n
# Does the facility provide and document Employee Training?
❑
❑
■
n
# Does the Plan include a list of Responsible Party(s)?
■
❑
n
❑
# Is the Plan reviewed and updated annually?
■
n
n
n
# Does the Plan include a Stormwater Facility Inspection Program?
■
n
n
n
Has the Stormwater Pollution Prevention Plan been implemented?
■
❑
❑
❑
Comment: Since the 2008 NOV, the facility started keeping sw records at the site and
provided a map and description of Bi
Formal training is not conducted but the facility does have posted (Allowable and
Non -Allowable Items) to prevent trucks from illegal dumping practices.
Maintenance had been performed on the Bi in recent years, but activity has
stopped.
Permit was renewed in March 2009- But facility should request a recission of the permit
if the site ceases activities as reclamation appeared complete the day of the inspection
and revocation of the DSW permit already completed.
Qualitative Monitoring
Yes No
NA
NE
Has the facility conducted its Qualitative Monitoring semi-annually?
In n
Cl
Cl
Comment: Inspection results on site for 51712009.
Analytical Monitoring
Yes No
NA
NE
Has the facility conducted its Analytical monitoring?
n ❑
■
❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
n n
■
n
Page: 3
Permit: NCG020463 Owner - Facility: Fogleman & Fogleman Soils Inc
Inspection Date: 11/20/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Comment: No Vehicle maintenance - Sample results for TSS, Turbidity, and setteable
solids were completed on 51712009.
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
# Were all outfalls observed during the inspection?
# If the facility has representative outfall status, is it properly documented by the Division?
# Has the facility evaluated all illicit (non stormwater) discharges?
Comment: No discharge the day of the inspection
■pn❑
Page: 4
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STORM WATER DISCHARGE MONITORING REPORT' (DMR)
Please Mail Original And One Copy To Mailing Address Below
GENERAL PERMIT NO. NCG020000
Part A: Facility Information
Samples Collected In Calendar Year: Z 6c I (all samples shall be reported within 30 days following monitoring period)
Certificate Of Coverage No. NCG02 OODi) County of Facility _ PU1k +A M
Facility Name I * 5o' (Sd nC . Name of Laboratory Tri'te5-r•
Facility Contact Lab Certification # nIC/Ir4w Cer+ 0(0-1
Facility Contact Phone No. (0 — O Me,/ Dw Cer+$ 3-113
Part B: Land Disturbance and Process Area Moaritorine Reauirements
Qutfall
No.
Receiving Stream
Name
Date
• 5005.0
A053(k
0007t; .,
"-:'.00595
Sample
Collected
Total
Flow
Total'..
Suspended
Solids°:J.
Turbidity
Settleable
5ollds=:
molddl r
MG
m
IVTUs.
in 1
EIlerbe-CmP-K.
1510710
9 or
38 2
< p.
Part D: Storvn Event Characteristics
Total Event Precipitation (inches): 0.10
Event Duration (hours): 5j 6sw.
Part E.- Certification
)art C: Vehicle Maintenance Monitorin.e Reauirements (si/A
:Date
5t)050
005�6°
1 00530
00404
Receiv�ag Stream
Sample
`
Total
Qutfali
IVo:
]Name
Cullecte
;`fatal
l+low`
Oil and
Grease
Suspended
plt
a,
Solids
it►oliidlvr
1tiiG
rii ell
melt
unit
-Total Event Precipitation (inches):
Event Duration (hours):
(if a separate storm event is sampled)
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person
or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best
of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violatio
ure ermittee) (Date)
Parr F.- Mailing Address
Attn: Central Files, DENR, N.C. Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617
0
0
Page 1 of 1
�' F 0
UTEST
Laboratory Report
Lab localio�) 'R' Lah Localro❑ 'C' Lab Lacalron'W'
,4CAIVW Cert.#: 067 NC1DW Cert.#: 37731 NCIWW Cert.#: 103 NCIDW Cert-#: 37733 NC1W`W Cert.#: 075 NCIDW Cert.#: 37721
6701 Conference Or, Raleigh, NC 27607 6300 Ramada Dr, Suite C2, Clemmons, NC 27012 6624 Gordon Rd, Unit G, Wilmington, NC 28411
Ph: (919) 834-4984 Fax: (919) 834-649.7 ,, Ph: (336) 766-7846 Fax: (336) 766-2514 Ph: (910) 763-9793 Fax: (910) 343-96BB
r;.
S
:uodlcdL.;:'cK�ll�:l7Ll�i!1Y.K�S53'�2I.C,�tMSZSiil7',^?7JY,.'¢!L."ft:�£P✓.'AY.'7t�
Project No.: Report Date: 5/1212009
Project ID: STORMWATER Date Received: 51812009
--- Prepared for ---
FOGLEMAN & FOGLEMAN SOILS
4005 INTERMERE DR
DURHAM, NC 27704
Work Order #: 0905-00553
Cust. Code: F00068
Gust. P.O.#:
No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition
001 OUTFALL #1 5/712009 10:20 WW Grab 4 +1- 2 deg C
Test Performed
Method
Results
Lab Loc UaZedTime
Ouaiifier
Settleable Solids
EPA 160.5
<0.1 mUL
R 518109
16:00
Total Suspended Solids
SM 2540D
38.2 mglL
R 5111/09
10:28
Turbidity
EPA 180.1
48.8 NTU
R 518109
15:40
Reviewed by:
for Tritest, Inc.
Stormwater Discharge Outfall (SDO)
Qualitative Monitoring Report
For guidance on filling out thisfonn, please visit: h Ip://1i20.enrTstate.nc.us/su/loans Doc ummnts.htm##miscfor-m.s
Permit No.: N_IC161101Z101010101 or Certificate of Coverage No.: N/C/G/0/ZLQI�I
Facility Name: t0 it—vnan C�vnari So, lS. jh[ .
County: .DLkrhurt, Phone No- --Olq) L82--00(og T
Inspector: T-iyrlm)f FeXVe.11
Date of Inspection: 511-LOl
Time of Inspection. 10" DO ayr,
Total Event Precipitation (inches): _ 0 - IV
Was this a Representative Storm Event? (See information below) [Yes ❑ No
Please check Your per•tnit to verifti' ij'Qualitatire Monitoring must be performed during a representative
storm event (requirements vctt.y).
A "Representative Storm Event" is a storm event that measures greater than (1.1 inches of rainfall and that
is preceded by at least 72 hours (3 days) in which no storin event measuring greater than 0.1 inches has
occurred. A single storm event may contain up to I0 consecutive hours of no precipitation.
By this signature. I certify that this report is accurate and complete to the best of my knowledge:
(Signature of Permittee or Designee)
1. Outfall Description:
Outfall No. —1 Structure (pipe. ditch. etc.) _�p
Receiving Stream:
Describe the industrial activities that occur within the outfall drainage area: Nol__
2. Color: Describe the color of the discharge using basic colors (red. brown, blue. etc.) and tint
(light, medium. dark) as descriptors: iq lit _ im7YYn
3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak
chlorine odor. etc.):
P.1LTL' I
SWU-242-11260S
4. Clarity: Choose the number which best describes the clarity of the discharge, where I is clear
and 5 is very cloudy:
1 2 3 O 5
5. Floating Solids: Choose the number which befit describes the amount of floating solids in the
stormwater discharge, where I is no solids and 5 is the surface covered with floating solids:
1 O 3 4 5
6. Suspended Solids: Choose the number which best describes the amount of suspended solids in
the stormwater discharge, where 1 is no solids and S is extremely rnuddy:
I G 3 4 5
7. Is there any foam in the stormwater discharge? Yes 0,No
8. Is there an oil sheen in the stormwater discharge" Yes DINo
9. Is there evidence of erosion or deposition at the outfall? Yes S
10, Other Obviouust Indicators of Stormwater Pollution:
List and describe
Note: Low clarity, high solids, and/or the presence of foam. oil sheen. or erosion/deposition may be
indicative of pollutant exposure. These conditions warrant further invest'taation.
Pa-c 2 of 2
SWU-242-1 12008
MCDENR
Norm Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 19, 2009
Mr. James K. Fogleman
Fogleman & Fogleman Soils, Inc.
4005 lntermere Road
Durham, NC 27704
Dear Mr, t•oglerrtaw
Dee Freeman
Secretary
Subject: NPDES General Permit NCG020000
Certificate of Coverage NCG020463
Fogleman & Fogleman Soils, Inc
Formerly Fogleman Landfill & Mine
Durham County
On February 5, 2009, Division Personnel received your request to revise your Stormwater permit Certificate of Coverage
to accurately include you new company name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit
remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North
Carolina. General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
[environmental Protection Agency.
1 f you have any questions, please contact the Stornnvater Permitting Unit at (919) 807-6303.
Sincerely,
Coleen ysuins
cc. DWQ Central files
Raleigh Regional Office
Stormwater Permitting Unit
Wetlands and Stormwaler Branch
1617 bail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919.807-6300 4 FAX 919-807-6494 1 Customer Service. 1-877-623-6748
Internet: www,ncwaterquality.org
( -0'qt>�
NorthCa.1-o1 na
An Equal Opportunity 1 Affirmative Action Employer
71
F
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020463
STORMWATER AND PROCESS WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Walcr Pollution Control Act, as amended,
FOGLEMAN & FOGLEMAN SOILS, INC.
is hereby authorized to discharge stornnvater and to operate treatment systems and discharges associated with mine
dewatering wastewater and process wastewater from a facility located at
FOGLEMAN LANDFILL & MINE
4005 INTI RMERE ROAD
DURHAM
DURI-IAM COUNTY
to receiving waters designated as a UT to Ellerbe Creek, a class WS IV NSW CA stream, in the Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Paris 1, 11, 111,
IV, V, and V1 of General Permit No. NCG020000.
This certificate of coverage shall become effective March 19, 2009
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day March 19, 2009
for Coleen H. Sultills, Director
Division of Water Quality
By Authority of the Environmental Management Commission
r
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f✓
1
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i
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it
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MCDE R
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. James K. Fogleman
Fogleman & Fogleman Soils, Inc.
4005 Intermere Road
Durham, NC 27704
Dear Mr. Fogleman:
Division of Water Quality
Coleen rl, Sullins
Director
March 19, 2009
Dee Freeman
Secretary
Subject: NPDES General Permit NCG020000
Certificate of Coverage NCG020463
Fogleman & Fogleman Soils, Inc
Formerly Fogleman Landfill & Mine
Durham County
On February 5, 2009, Division personnel received your request to revise your storrlr+vater hermit Certificate of Coverage
to accurately include you new company name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit
remain unchanged and in (lull effect. This revised Certificate of Coverage is issued under the requirements of North
Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency.
If you have any questions, please contact the Stormwater Permitting Unit at (919) 807-6303.
Sincerely, .
Coleen H. Su ins
cc: DWQ Central files
Raleigh Regional Office
Stormwater Permitting Unit
Wetlands and Slorrnvaater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919.807-63001 FAX. 919-807.6494 i Customer Service; 1-877-623-6748
Internet: w4mmwaterquality.org
NorthCarol i na
Arr Equal Opportunity l Affirmalive Aclion Employer
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
CC, NERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020463
STORMWATET AND PROCLSS WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
I{ederal Water Pollution Control Act, as amended,
rOGLEMAN & FOGLE✓MAN SOILS, INC.
is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine
dewatering wastewater and process wastewater from a facility located at
f~OGLEMAN LANDFILL & MINE
4005 INTERMI RE ROAD
DURHAM
DURI-1ANI COUNTY
to receiving waters designated as a UT to Flierbe Creek, a class WS IV NSW CA strewn, in the Neuse River Hasin
in accordance with the effluent limitations, monitoring requirein ents, and other conditions set forth in Parts 1, 11, 111,
IV, V, and V1 of General Permit No. NCG020000.
This certificate of coverage shall become effective March 19, 2009
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signcd this day March 19, 2009
f )r Coleen 1-1. Sul o s, Director
Division of Water Quality
By Authority of the I rivironmental Management Commission
Fogleman & Fogleman Soils, Inc.
4005 Intermere Road
Durham, NC 27704
(919) 682-0068/ (800) 450-3827
Fax (919) 682-0662
S. Daniel Smith
North Carolina Department of Environment and Natural Resources
Division of Water Quality
1628 Mail Service Center
Raleigh, NC 27609
RE: Response to Notice of Violation
NOV-2008-PC-0860
Permit No.-NCG020463
Dear Mr. Smith:
i i 3
- 6007 Z - �NV1
In response to the alleged violations, I have attached a copy of the original proposed landfill map.
This outlines the erosion/storm water controls that were put in place in 1992. We have remained in
compliance with NCDENR for our mining and landfill operations, but did not fulfill our obligations to
your water quality division. We did complete the qualitative monitoring and removed any excess
sediment in the ponds, but did not fill out and send reports. We did not however complete any part
of the analytical monitoring. Also attached is a copy of our landfill and mining permits, as well as the
operating conditions we had to be in compliance with to be permitted. Our borrow pit is being
reclaimed as an LCID landfill.
j h4 The BMP was initially addressed in 1991 on the proposed landfill map (see enclosed)
as the erosion control plan. It was continually revisited each year in our annual
tN reclamation reports and updated maps. We only have storm water runoff. We do not
have any wastewater associated with our borrow pit operation. Please also see
attached the copy of our permit and certificate of coverage from NCDENR for our
landfill and mine. In our mining and landfill application, the issue of erosion/runoff is
addressed. See also enclosed the copy of the Army Corp. of Engineers that we are not
impacting any jurisdictional waters or wetlands, and our entire operation is more than
4' above flood level. We also maintain a 50' buffer and berms around the property as
well as a 15' ditch around the perimeter of the permitted land which drains to
sediment ponds. These are checked daily —any excessive sediment is dug out and
placed above the drainage area.
• We do not maintain our equipment within the permitted area, nor do we store any
h bi petroleum products within our operation. Wesley Wilson maintains our equipment off
site. See the attached copy of the clean up that was performed for an overturned
truck/oil spill in the landfill.
• The qualitative physical monitoring of the three sediment ponds will continue to be
done after each storm event by keeping a log. The reports will be filed annually at the
same time as the analytical reports.
• The analytical monitoring by an outside engineering firm has not been done. We have
contracted with TriTest, Inc. (William Sherman). The water report will be forthcoming
as soon as we have a significant amount of rainfall and will then be completed
annually.
• The paperwork for our name change was sent to NCDENR in 2006, and as noted on
EKE; h, f our permits was completed. The request somehow did not get forwarded to the Water
Quality Division. We have again requested this change, and have enclosed a copy for
your review.
I sincerely hope this information clarifies these issues. If you have any questions regarding our
compliances, please contact us. Thank you for your concerns, remember we have to drink this water!
Sincerely,
Linda R. Fogleman
Beverly Eaves Perdue, Governor
� Jt
Dec Freeman, Secretary
° °'� North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 23, 2009
CERTFIED MAIL
RETURN RECEIPT REQUESTED
7008 0500 0000 3917 2460
Mr. James K. Fogleman
Fogleman & Fogleman Soils
4005 Intermere Road
Durham, NC 27704
Subject: NOTICE OF VIOLATION
NOV-2008-PC-0860
Permit No.-NCG020463
Fogleman Landfill & Mine known as Fogleman & Fogleman Soils
Durham County
Dear Mr. Fogleman:
Staff from the Division of Water Quality, Surface Water Protection of the Raleigh
Regional Office conducted a site visit to Fogleman & Fogleman Soils. Listed in
our files as Fogleman Landfill & Mine, 4005 Intermere Road; Durham NC. The
assistance and cooperation of Ms. Linda Fogleman, John Fogleman, Trish
Thompson and Timmy Ferrell was very helpful and appreciated.
The facility had the following violations of Stormwater Permit No. NCG020000
(NCG020463) and observations were as follow:
1. The facility must submit a response addressing compliance with items 1
through 6 of Part III Section A (Stormwater Best Management Practices Plan).
2. Qualitative monitoring had not been conducted as required by Section B, table
5 of General Permit No. NCG020000 (Certificate of Coverage No.,
NCG020463).
3. Analytical monitoring had not been conducted as required by General Permit
No. NCG020463 (Certificate of Coverage No., NCG020000).
4. This facilities name has changed to Fogleman & Fogleman Soils. Please
submit a completed name/ownership change form. No processing fee is
required.
Part I Section A and B requires coverage and compliance with General Stormwater
Permit NCG020000: Stormwater discharged from this facility must be managed in
accordance with the terms and conditions of General Stormwater Permit
NCG020000. Fogleman Landfill & Mine was issued a new permit with an effective
date of May 19, 2000. You are required to immediately implcment your stormwater
best management practices plan as required by Part III Section A of General
1628 Mail Service Center Raleigh, NC 27699-1628 91.9-7914200 (Telephone) Customer Service 800-623-7748
Mr. James K. Fogleman
Fogleman & Fogleman Soils it
Page 2
Stormwater Permit NCG020000 and achieve compliance with all requirements.
It is requested that you respond in writing to this Notice of Violation within 30 days
of receipt of this correspondence. Your response should address all items 1 through
4. Please note that permit condition violations are subject to civil penalty
assessment of up to S25,000.00 per day. We are attaching a copy of the monitoring
forms, name/ownership change form and a list of private certified labs. If you should
have any questions regarding this notice, please do not hesitate to contact me or
Mack Wiggins at the Raleigh Regional Office at (919) 791-4200.
Sincerely, j
. fz
S. Daniel Smith
Surface Water Quality Supervisor
Raleigh Regional Office
cc: Central Files
RRO-SWP
Michael F. Easley, Governor
William G. Boss Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, KE, Director
Division ol' Water Quality
February 7, 2005
James K Fogleman
Fogleman Landfill & Mine
4005 Intermere Rd
Durham, NC 27704
Subject: NPDES Stormwater Permit Coverage Renewal
Fogleman Landfill & Mine
COC Number NCG020463
Durham County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water
Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize
yourself with the changes in the reissued permit. The general permit authorizes discharges of Stormwater and some types of
wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is
reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983.
The following information is included with your permit package:
• A new Certificate of Coverage
• A copy of General Stormwater Permit NCG020000
• A copy of a Technical Bulletin for the general permit
• Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater
• Five copies of Qualitative Monitoring Report Form
Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification
or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other
permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
If you have any questions regarding this permit package please contact Ken Pickle of the Central Office Stormwater Permitting
Unit at (919).733-5083, ext.584.
Sincerely,
t5
for Alan W. Klimek, P.E.
cc: Central Files
Stormwater & General Permits Unit Files
Raleigh Regional Office
One
No ShCarolina
Xiturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
lntemet: h2o.enr,state.ne.uslsulstormwater.htrni 512 N. Salisbury St. Raleigh, NC 27604 FAX (9l9) 733-9612 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020463
STORMWATER AND PROCESS WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Fogleman landfill & Mine
is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated
with mine dewatering wastewater and process wastewater from a facility located at
Fogleman Landfill & Mine
4005 lntermere Rd
Durham
Durham County
to receiving waters designated as UT Ellerbe Creek, a class WS IV NSW CA stream in the Neuse River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective February 7, 2005.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day February 7, 2005
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 19, 2000
Mr. James Kent Fogl man---__ `
4005 Intcrmerc Road -
Durham, NC 27704
MAY 3 0 M �...
subject
'D3=Hlyft RALEIGH REi;C�i�L df�lCE�
Dear Mr. Fogleman:
1 • •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
General Permit No. NCG020000
Fogleman Landfill & Mine
COC NCG020463
Durham County
In accordance with your application for a discharge permit received on October 7, 1998
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 December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this pemit
are unacceptable to you, you have the right to request an individual permit by submitting an
individual permit application. Unless such demand is made, this certificate of coverage shall be
final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to
the Division of Water Quality. The Division of Water Quality may require modification or
revocation Lind reissuance of the certificate of coveraac.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land
Resources, Coastal Area Management Act or any other Federal or Local governmental permit
that may be required.
If you have any questions concerning this permit, please contact Aisha Lau at telephone
number (919) 733-5083 ext. 578.
Sincerely,
ORIGINAL SIGNED By
WILLIAM c. MILLS
Kerr T. Stevens
cc:. Ralci-h Regional Office
Central Files
Stormwater and General Permits Unit Files
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
IL
t
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020463
STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM
PROCESS WATER RECYCLE SYSTEMS DISCHARGES
NATIONAII POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act. as amended.
James Kent Fogleman
is hereby authorized to discharge stormwater from a facility located at
Fogleman Landfill & Aline
4005 Intermere Road
Durham
Durham County
to receiving waters designated as an unnamed tributary to Ellerbe Creek, class WS IV NSW CA waters, in the NenSe
River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in
Parts 1, II, I11. IV, V, VI and VII of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective May 19, 2000.
This Certificate of Coverage shall remain in effect for the duration of the General Pert -nit.
Signed this day May t9, 2000.
ORIGINAL SIGNED BY
W;LLI M C. MILLS
Kerr'I'. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
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Copyright (C) 1997. Maptech, Inc.
Fogleman & Fogleman Soils, Inc.
4005 Intermere Rd.
Durham, NC 27704
Phone # 919-682-0068 / 800-450-3827
Fax # 91.9-682-0662
LCID Landfill Permit # 32-F
Sand & Gravel Aline Permit #32-09
OPERATIONAL, MANUAL
!able of Contents
1.0 Facility Operations
1.1
Overview
`- 1.2
Contact Information
1.2.1 Owner/Operator
1.2.2 Call 911 in Emergency
1.2.3 NCDENR
1.3
Access Control
1.3.1 Physical Restraints
1.3.2 Security
1.4
Signage
1.5
Communications
I.6
Fire and Safety
1.6.1 Fire Control
1.6.2 Safety Measures
1.7
Severe Weather Conditions
1.7.1 Ice/Snow Storms
1.7.2 Heavy Rains
1.7.3 Electrical Storms
1.7.4 Violent Storms
1.8
Equipment Requirements
1.9
Utilities
1.10
Record Keeping
,, 4
- '„ )-s
8&60
OCT 2006
ft-
0` 69 6-20
APPROVED
OMS10N OF WASTE MANAGEMENT
SOLID WASTE SECTION
DA11E Ig D s geeitBYrg-
Tatde of C n nts-2
2.0 Waste Handling
2.1 Overview
2.2 Waste Screening
2.3 AccepW/Prohibited Waste
3.0 Environmental /Surface Water
3.1 Overview
3.1.1 Erosion Control
3. l .2 Storm water Control
3.1.3 Dust Control
3. l .4 Litter Control
4.0 Reclamation
I,-
Appendices: Fogleman and Fogleman Soils, Inc.
A
Durham County map
B
Permitted materials
C
Invoice/tickets
D
Fire occurrence
E
Liability insurance
F
US Army Corps letter
G
Storm water permit
H
Waste Industries invoice
I
Reclamation funds
J
Mining permit
Fogleman & Fogleman Soils, Inc.
(LCID Landfill Permit # 32-F)
(Sand & Gravel Mine Permit #32-09)
Operational Manual
1.1 Overview:
Fogleman & Fogleman Soils, Inc., hereafter referred to as
Foglemans'. The objective of this facility is to mine, fill and reclaim. The
achievable goal is to reclaim the mine as an LCID landfill, and then reclaim
that landfill as the original pasture and forest land.
The information contained herein was prepared to provide Foglemans'
landfill/mine personnel with a clear understanding of how the engineering
design was developed to handle day to day facility operations within the
NCDENR guidelines.
The site is located Four (4) miles Northeast of Durham, North
Carolina, (Durham County) off Red Mill Road, at the intersection of I-85
North. Please see attached Durham County map, Appendix A
Incoming loads will be inspected prior to unloading. The Fogleman
landfill unit will only accept for disposal the following according to LCID
guidelines:
Inert Debris Waste: (Concrete, brick, concrete block, uncontaminated
soils and rock, untreated and unpainted wood, etc)
Land Cle_aring_Debris: as defined by G.S. 120A-290. Specifically,
waste that is generated solely from land -clearing activities, such as stumps,
trees, etc
Asphalt: in accordance with G.S. 130-294 (m)
Written instructions for acceptable waste are posted at the gate office,
and mailed to all clients. Non -conforming waste will not be accepted, trucks
will be directed to the city landfill. The gate attendant will conduct visual
inspections. After passing the gate attendant, the load will be directed to the
dumping area by the site attendant. See appendix B
Fogleman Operations-2
The untreated, unpainted wood will be dumped at the top of the
landfill to be freely distributed to members of the community for
home heating use.
1.2 Contact Information:
1.2.1 Kent Fogleman
4005 Intermere Rd.
Durham, NC 27704
Ph# 919-682-0068 / 800450-3827
Hm # 919-683-3256 / Cell # 919-795-4392
Fax # 919-682-0662
Hours of Operation - Monday — Friday lam -- 5 pm
1.2.2 Fire or EMgW,,ency
Call 911 in rase of fire or accident emergency. This will alert
the Durham County Sheriff's Department as well as Redwood
Fire & Rescue Teams.
1.2.3 NC ftqqtMent of Environment and NaWW Resources:
Landfill:
NCDENR--Division of Waste Management
Solid Waste Section
40I Oberlin Rd. Suite 150
1646 Mail Service Center
Raleigh, NC 27669
Ph# 919- 508-8523
Mine:
NCDENR -- Division of Land Resources
Land Quality Section
P.O. Box 27687
Raleigh, NC 27611-7687
Ph # 919-7334574
&MokS or Fire:
NCDENR — Air Quality Control # 9I 9-733-4574
Fogleman Operations-3
1.3 Access Control:
1.3 . t Physical Restraints
The site will be accessed by the existing concrete entrance on
Red Mill Road. There are posted signs marking the entrances which
are securely locked by gates during non -operating hours. The roads
have 5 MFH speed signs. Maintenance of the roads for all weather
access will be accomplished by covering them with crushed rock and
crushed asphalt. All trucks must stop at the gatehouse, where loads are
inspected and they receive a ticket with fees according to the size of
the truck. See appendix C
Locked control gates at the entrance/exit to Foglemans' facility
are important for the following reasons:
- Unauthorized and illegal dumping of waste materials is
prevented.
�- - Trespassing, and injury resulting therefrom, is discouraged.
- The risk of vandalism is greatly reduced.
Access to active areas of the landfill will be controlled by the
combination of fences, gates and natural barriers, and strictly enforced
during operating hours. A landfill attendant will be on duty at all
times when the facility is open for public use to enforce access
restrictions.
1.3.2 Sec
Frequent inspections of gates, fences, berms will be performed by
Fogleman personnel.
1.4 Signage:
A prominent sign(s) containing the information required by the
NCDENR will be posted at the landfill entrance. They will provide
information on operating hours, operating procedures, and acceptable
wastes. Additional signage, 5MPH road signs are posted on roads and
at the entrance and exit.
Fogleman Operations-4
-- 1..5 Communications:
Two way radio communications will be maintained between the
active landfill/mine units and the landfill/mine gate house and office.
The gate house and office have telephones in case of emergency and
for the conducting of day -today business. Emergency telephone
numbers are displayed in the gate house and office.
1.6 Fiore and Safety:
1.6.1 Fire Control
No open burning is allowed in the landfill, but the possibility of fire
within the landfill/mine, or a piece of equipment must be anticipated
in the daily operation. Portable fire extinguishers will be operational
on all heavy pieces of equipment at all times. For larger or more
serious outbreaks, call 911, the local fire/rescue departments and
Durham County Sheriffs Department will respond.
Fires within the landfill will be limited by the use of daily and
intermediate soil coverage as a fire break and control of "hot" spots in
the landfill. We have 8- 10 acres of soil that is available for this use.
We have had experience with a fur at our facility in 2001, although
�- this fire happened during non -operational hours, and could not have
been avoided; we have procedures in place to handle this situation.
Landfill personnel at the gate house will turn away all trucks
containing waste that is suspected to be hot. The facility will verbally
notify NCDENR within 24 hours of discovery of a fire within any
landfill disposal area. In addition, written documentation describing
the fire, the actions carried out to extinguish the fire, and a strategy for
preventing future occurrences will be provided to NCDENR within 15
days following any such occurrence. See appendix D
1.6.2 Safety
All aspects of the operation of the landfill facility were developed
with the health and safety of the landfill's operating staff, customers,
and neighbors in mind. The site safety officer, together with the
facility's management will maintain a safety and emergency response
program to remain consistent with National Solid Waste Management
Association and Occupational Safety and Health Administration
(OSHA) guidance. First aid kits and fire extinguishers are maintained
on all pieces of equipment as well as in the office and gate house.
Protective or enclosed cabs are also on all equipment.
L
Fogleman Operations-5
1.7 Severe Weather Conditions:
Unusual weather conditions can directly affect the operation of the
Foglemans' facility. Some of these weather conditions and
recommended operational responses are as follows:
1.7.1 Ice to Snow Storms
An ice storm can make access to the landfill dangerous, prevent
movement or placement of daily cover, and thus may require closure
of the landfill until the ice is removed or has melted.
1.7.2 Heavy Rains
Exposed soil surfaces can create a muddy situation in some portions
of the landfill during rainy periods. The control of the drainage and
use of crushed stone or crushed asphalt on unpaved roads should
provide all-weather access for the site and promote drainage.
1.7.3 Electrical Storms
The open area of a landfill is susceptible to the hazards of an electrical
storm. If necessary, land filling activities will be temporarily
suspended during such an event. To guarantee the safety of all field
personnel, refuge will be taken in the on -site buildings or in rubber -
tired vehicles.
1.7.4 Violent Storms
In the event of a hurricane, tornado, or severe winter storm warning
issued by the National Weather Service, landfill operations may be
temporarily suspended until the warning is lifted. Buildings and
equipment will be properly secured.
1.8 Equipment Requirements:
Fogleman' will maintain on -site equipment required to perform the
necessary landfill/mining activities. They will have enclosed or
protective cabs. Periodic maintenance of all equipment, and
minor/major repair work will be performed at designated maintenance
zones outside the landfill. All pieces of equipment will have fire
extinguishers and first aid kits.
1.9 Utilities:
Electrical power, water, telephone, and restrooms are provided at the
landfill gate house and office.
Fogleman Operations-6
�- 1.10 Record Keeping:
Foglcmans' shall maintain the following records in files at the
landfill/mining office:
A. Waste/Mining inspection records
B. Daily truck size records
C. Results of inspections, repairs, etc.
D. Annual landfill/mining reports
,E. Financial insurance documentation (See Appendix E)
The operating record will be kept up to date by Foglemans'. It will be
presented upon request to the NCDENR for inspection. A copy of this
Operations Manual will be kept at the landfill and will be available for
use by all employees at all times.
2.0 Waste Handling Operations:
2.1 Overview
This section describes the waste handling requirements. The
person responsible for operations is:
Kent Fogleman
4005 lntermere Rd.
Durham, NC 27704
PH # 919-682-0068
Signs are posted at the gate entrances with name of owner/
operator, phone number in case of emergency, and hours of
operation.
This facility is reclaiming a mine site with waste according to
LCID guidelines. After the reclamation is complete the land will
be returned to original farm and forest land. A gate attendant will
be on site during operational hours. The attendant will direct and
visually inspect all incoming loads. All loads will be measured by
truck size and these measurements will be recorded by the gate
attendant on a 3-part ticket. The fees for truck sizes are posted for
drivers and attendees information. All invoices/tickets have
company names and are signed for by drivers. All vehicles are
controlled by the gate/site attendants, and directional signs located
within the facility. See Appendix C Again, any non -conforming
waste will be turned away and directed to the Durham City
Landfill.
Fogleman Operations-7
2.2 Waite Screening
In order to assure that prohibited waste is not entering the landfill
facility, screening polices have been implemented. Waste received
at the gatehouse entrance, and the waste taken to the working face
is inspected by trained personnel. These individuals have been
instructed in how to spot indications of suspicious waste.
All vehicles must stop at the gate house located at the entrance to
the facility. All waste transportation vehicles and their load are
visually assessed by the attendant. The attendant may request from
the driver of the vehicle a description of the waste he is carrying, to
ensure that unacceptable waste is not allowed into the landfill. The
attendant then writes a ticket/invoice with the company's name and
size/cost of load. The driver signs the ticket and retains i part of
the 3 part ticket. The remaining 2 parts are returned to Foglemans'
office at the end of each day. See Appendix C
_. In the event any non -conforming waste is hidden and dumped in
the landfill, the cost of the removal and disposing of any
unacceptable waste will be charged to the owner of the vehicle
involved. Any vehicle owner/operators who knowingly dump any
unacceptable waste at the site may be barred from using the
landfill.
2.3 Accepted/Prohibited Waste:
If unacceptable waste is found, the load will be turned away from
the entrance. Upon discovery of any non -conforming waste the
driver is notified by the gate attendant and the hauling company is
notified by Foglemans' office, not to send any further debris of this
nature. They are also faxed a copy of what is acceptable. See
Appendix B
Fogleman Operations-8
3.0 Environmental Management / Surface Water
3.1 The landfill is graded to eliminate water from ponding or
collecting in any way.
3.1.1 Erosion control is provided primarily by 1.25 acres of
settling ponds created for the mining activity. None of the land
is in the 100 year flood plain, in a letter from the U.S. Army
Corps of Engineers it is stated that the landfill does not impact
jurisdictional waters or wetlands. See Appendix F The active
area of operation in the landfill/mine will be maintained with
the appropriate settling basins to control runoff. Erosion control
shall be maintained as required, to guarantee proper functioning
of the measures in place.
3.1.2 Storm water discharges have been addressed. The General
permit # is NC6020000 and the Certificate of Coverage is
#NCG020463. See Appendix G The dry creek bed is an
unnamed tributary to Ellerbee Creek in the Neuse River basin.
3.1.3 The existing entrance from Red Mill Rd is constructed
with a concrete roadway at the gate, followed by crushed
asphalt and stone. Dust is controlled by watering the road with
a 2000 gallon tanker truck.
31.4 Litter is collected daily in a receptacle provided by
Foglemans' to discourage truck drivers from discarding their
trash in the landfill. Other materials such as plastic, metal,
paper, and trash (hidden under loads) are picked up and
disposed of in these dumpsters from Waste Industries. See
Appendix H
1
Fogleman Operations-9
4.0 Reclamation:
Adequate soil cover shall be applied daily/monthly or when the
active area reaches one acre in size. The interim soil cover shall be V
thick. The mining area is being reclaimed as an LCID landfill. Once the
landfill/mine is completed the original farm land will be reclaimed and
returned to forest and pasture land. The sediment basins will be filled
with landfill acceptable debris, covered with soil 2' thick, and regraded to
the original contours. Eight to ten acres have been designated for this
purpose. Vegetative covers, according to the approved NCDENR mining
reclamation plan will then be planted within 2 years of the closure of the
landfiIl/mine. All of these requirements have been established by
NCDENR. See Appendix I for the Letter of credit (reclamation funds)
and Appendix J for the NCDENR Reclamation Plan.
Appendices:
A
Durham County map
$
Permitted materials
C
Invoice/tickets
D
Fire occurrence
E
Liability insurance
F
US Army Corps letter
G
Storm water permit
H
Waste Industries invoice
I
Reclamation funds
J
Mining permit
Fogleman & Fogleman Soils, Inc
5 Intermere RD.
Durham, NC 27704
Ph # 919-682--0068/-4SO-3827
Fax # 919-682-2
3ust a friendly reminder ..........
THIS LANDFILL IS PERMITTED TO RECEIVE ONLY:
STUMPS, LIMBS, LEAVES, U11PAINTED BRICiG UNPAINTED
OWC CONCRETE, UNEMTEM UNU TEI� W-W
ASPHALT AS PER Hit 1131 AND UNCONTAMINATED SOILI
WE CANNOT ACCEPT :
PLYWOOD, PRESSBOARD, SHINGLES, SHEETROCK, PAPER,
PLASTIC, TRASH, PETAL, WIRE, TIRES OR FURNITURE!
* * *If any of the above is brought In that we CANNOT
wept it will be your physical and financial responsibility to
remove it from Our landfilll
Should you have a question regarding something that is not
listed, please feel free to contact us.
Please respect our landfill and do not dump any personal
trash (ex: cups, bags, food wrappers)
Thanking you In advance for your cooperation In keeping our
landfill RnffI
Sincerely,
Fogleman & Fogleman Solis Inc.
i
E
Fogleman Operations-9
4.0 Reclamation: �
Adequate soil cover shall be applied daily/monthly or when the
active area reaches one acre in size. The interim soil cover shall be V
thick. The mining area is being reclaimed as an LCID landfill. Once the
landfill/mine is completed the original farm land will be reclaimed and
returned to forest and pasture land. The sediment basins will be filled
with landfill acceptable debris, covered with soil 2' thick, and regraded to
the original contours. Eight to ten acres have been designated foi this
purpose. Vegetative covers, according to the approved NCDENR mining
reclamation plan will then be planted within 2 years of the closure of the
landfill/mine. All of these requirements have been established bye
NCDENR. See Appendix I for the Letter of credit (reclamation funds)
and Appendix a for the NCDENR Reclamation Plan.
Appendices:
A
Durham County map j
$
Permitted materials
C
invoice/tickets
D
Fire occurrence
E
Liability insurance
F
US Army Corps letter j
G
Storm water permit
H
Waste ,Industries invoice
I
Reclamation funds
I
Mining permit
Fogleman & Fogleman Soils, Inc
5 Intermere RD.
Durhannn, NC 27704
Ph # 959-682-0068/ 800- 382/
Fax # 919-682-0662
Just a friendly reminder ..a.......
WE CANNOT ACCEPT
PLYWOOD, PRESSBOARD, SHINGLES, SHEETROCK, PAPER,
PLASTIC, TRASH, METAL, WIRE, FIRES OR FURNITURE fl
-� ****If any of the above is brought In that we CANNOT
accept it Will be your physical and financial responsibilltV W
remove It from our landfiil l
i
1
Should you have a question regarding something that ds not
listed, please feel free to contact us.
i
Please respect our landfill and do not dump any personal
trash (ex: cups, bags, food wrappers)
Thanking you In advance for your cooperation In keeping our
landfill "'clean"!
r
t
Sincerely.
Fogleman & Fogleman Solis Inc.
r _ a
Facility Permit No: 32-F Version 2
•
Durham County
Permit to Operate
.�..rV•
Doc ID: RC0625
NCDENR
December 19. 2006
Page 1 of 4
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Dexter R. Matthews, Director Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
SOLID WAS'I,E LANDFILL
FACILITY PERMIT No. 32-F
,IAw'.s KFXV 1"OGI_I.�"MAN
1s hereby Issued a
PERMIT TO OPERATE
FOGl_F?MAN & FOGI-I'?MAN SOILS, INC. LANDI-11_L
A LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL UNIT
located on Red Mill Road near interstate 85, north ol'the City of Durham in Durham County,
North Carolina in accordance with Article 9, Chapter 130A, ol'the General Statutes of North
Carolina and all rules promulgated thereunder and subject to the conditions set forth in this
permit. The facility is leaned and described by the legal description of the site or the property
map contained within, the approved application.
Edward F. Mussler III
CN = Edward F. Mussler III,
C = US, O = Division of
Waste Management, OU =
Solid Waste Section
I have reviewed this
document and 1 am
_ approving this document
I'dward F. Mussler, 111, 1149k12.19 14:27:33-05'00'
Permitting Branch Supervisor
Permitting Branch
Solid Waste Section
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Telephone 919-508-8400 1 Fax 919-733-48101 Internet htipPwastenotnc.org
An Equal Opportunity / Affirmative Acton Fmployer - Printed on Dual Purpose Paper
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The
Mining Act of 1971," Mining Permit Rule 15A NCAC 5 8, and other
applicable laws, rules and regulations
Permission is hereby granted to:
Fogleman Landfill and Mine, Inc.
Fogleman Mine
Durham County - Permit No. 32-09
for the operation of a
Borrow Pit
which shall provide that the usefulness, productivity and scenic values
of all lands and waters affected by this mining operation will receive
the greatest practical degree of protection and restoration.
MINING PERMIT I` IRA IQN AT • Sepjpmr 1
r
STATE OF NORTH CAROLINA
DEPARTN,TENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERtN11T NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020463
STORNIWATER. tMINTE DEWVAT'ERING, AND/OR OVERFLOW FROM
PROCESS «"ATFR RECYCLE SYSTE:vIS DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELINIINATION SYSTEM
In compliance with the provision of North Carolina Gcncral Statute I-43-2 I ,1. other iawful standards and
regulations promulgated and adopted by the North Carolina Envirnnmental LIanazement Commission. and the
F:dcml Water Pollution Control Act. as amended.
,dames Kent Fogleman
4
is hereby authorized to dischar ze stormwatcr from a facility iuc.rtcd at
Fogleman Landfill & :Mine
-005 Internlere Road
Du r h;r rz1
Durham County
to receivin« waters designated as ,in unnamed to !=ilcrbc Creel:. class DVS IV NSW' CA waters. in the Neuse
River Basin in accordance with the effluent limitations. mon�rcrrin,2 requirements. and other conditions set forth in
Parts 1. 1I. III. 1%'. V. Vl and V11 of Gc:nernE Permit No. NCG0-1000o as attached.
This ertiti ate of coverage: shall become c l't'ectiye NLtr 19. ,oOU.
This Certific:uc or Cover:iLc: shall remain in effect fur the duration of the General Permit.
Si�yned this day \lx.' 19, 2000
Yen T. Stevens. Dirc, ti u
Division of W;11cr QU. lity
By ,authority of the Envirnnmental Manzoiemen, Commission