HomeMy WebLinkAboutNCG210234_COMPLETE FILE - HISTORICAL_20130619I0 t, (-h
w.1
STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO.
v u,a lco3q
DOC TYPE
COMPLETE FILE - HISTORICAL
DATE OF
RESCISSION
❑ a
YYYYMMDD
v
NC®ENR JUN 2 4 7Oi3
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Jonathan Williams
Apex Lumber Co Inc
PO Box 156726
Apex, NC 27502
Dear Mr. W iiliams:
Division of Water Quality
Thomas Reeder
Acting Director
June 19, 2013
Subject: Rescission ofNPDES Stormwater Permit
John Skvarla, III
Secretary
Certificate of Coverage Number NCG210234
Apex Lumber Co Inc
Wake County
On 05/31/2013, the Division of Water Quality received your request to rescind your coverage under
Certificate of Coverage Number NCG210234. In accordance with your request, Certificate of Coverage
Number NCG210234 is rescinded effective immediately.
Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to
waters of the State without valid coverage under an NPDES permit is against federal and state laws and
could result in fines. If something changes and your facility would again require stormwater or
wastewater discharge permit coverage, you should notify this office immediately. We will be happy to
assist you in assuring the proper permit coverage.
If the facility is in the process of being sold, you will be performing a public service if you would inform
the new or prospective owners of their potential need for NPDES permit coverage.
If you have questions about this matter, please contact Boyd DeVane at 919 807-6373, or the Water
Quality staff in our Raleigh Regional Office at 919-791-4200.
Sincerely,
JI
for Thomas Reeder, Acting Director
cc: JRaleigti Regional Office
Stormwater Permitting Unit
DWQ Central Files - w/attachments
Fran McPherson, DWQ Budget Office - please waive applicable fees
Wake County
Wetlands and Stormwater Branch One
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCarolitla
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-6494 �latu j'Q"1/
Internet: www.ncwaterquatity.org l� '
An Equal Opportunity 1 ARrmalwe Action Employer
Pat Mc Crory
Governor
�IV � SsA 3? f F. W
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E.
Director
May 28, 2013
Randolph Caruthers
Mulch Masters (Apex)
10200 Durant Road
Raleigh, NC 27614
Subject: Compliance Evaluation Inspection
Mulch Masters (Former Apex Lumber Co.)
Permit Number: NCG210234
Wake County
Dear Mr. Caruthers:
John E. Skvarla. III
Secretary
On May 23, 2013 Thomas Ascenzo attempted to conduct a (CEI) Compliance Evaluation Inspection of
Apex Lumber Company located at 1506 N. Salem Road, Apex, NC. "The facility is closed and has been
sold to Mulch Masters. You stated that this location is just for storage of product and for sale with no
mulch manufacturing or grinding. If the stormwater discharge has been terminated and no mulch
manufacturing is taking place on site. Please complete the enclosed Rescission Rcquest form. Mailing
instructions are listed on the bottom of the form. Once your request has been received you will be
notified upon completion of the permit rescission review and decision.
Should you or your staft'have any questions regarding this letter, please do not hesitate to contact me at
919-791-4256 or you can e-mail me at tom.ascenzo.ncdcnr.r ov.
Sincerely,
Thomas Ascenzo
I:invironmental Specialist
Surface Water Protection
Attachment: Compliance Inspection Reports
CC: Central Files NCG210234
Raleigh Regional Office SWP
One
No7hCarulina
,Aaltirally
North Carolina Division of Nmer Quality 162,9 %fail Service Center Raleigh, NC 27699-1625 Phone (919) 791-4200 Cust'nuer Scr, ice
Internetncwaleryunlily.org Location', 3SOO Burrell Drivc Ralciah, NC 27609 Fay (919) 788-7159 1-877-623-0-19
An Equal OpponunitylAffirmative Action Employer— 50 % Recycled110% Post Consumer Paper
i
Compliance Inspection Report
Permit: NCG210234 Effective: 08/01/08 Expiration: 07/31/13 Owner: Apex Lumber Cc Inc
SOC: Effective: Expiration: Facility: Apex Lumber Cc Incorporated
County: Wake 1506 N Salem St
Region: Raleigh
Apex NC 27502
Contact Person: W Jennings Booth Title: Phone: 919-362-6168
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 05/23/2013
Primary Inspector: tom ascenzo
Secondary Inspector(s):
Certification:
EntryTime: 10:00 AM Exit Time: 10:20 AM
Phone:
Phone: 919-791-4200
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Timber Products Stormwater Discharge COC
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
E Storm Water
(See attachment summary)
Page: 1
i
Permit: NCG210234 Owner -Facility: Apex Lumber Co Inc
Inspection Date: 05123/2013 Inspection Type: Compliance Evaluation
Stormwater Pollution Prevention Plan
Does the site have a Stormwater Pollution Prevention Plan?
# Does the Plan include a General Location (USGS) map?
# Does the Plan include a "Narrative Description of Practices'?
# 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?
# Does the Plan include a BMP summary?
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
# Does the facility provide and document Employee Training?
# Does the Plan include a list of Responsible Party(s)?
# Is the Plan reviewed and updated annually?
# Does the Plan include a Stormwater Facility Inspection Program?
Has the Stormwater Pollution Prevention Plan been implemented?
Reason for Visit: Routine
❑ ❑ ■ ❑
❑ ❑ ■ ❑
❑ ❑ i ❑
❑ ❑ ■ ❑
❑ Cl ■ ❑
❑ ❑ ■ ❑
❑ ❑ ■ ❑
❑ Cl ■ ❑
❑ ❑ ■ ❑
❑ ❑ ■ ❑
❑ ❑ ■ ❑
❑ Cl ■ ❑
❑ Cl ■ ❑
❑ ❑ ■ ❑
❑ ❑ ■ ❑
Comment: Apex Lumber has been sold to Mulch Masters. No manufactoring of mulch
is being conducted at the location. Rescission of permit in process.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ❑ N ❑
Comment:
Analytical Monitoring
Yes
No
NA
NE
Has the facility conducted its Analytical monitoring?
❑
❑
0
❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑
❑
E
❑
Comment:
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: Letter sent to new owner for permit rescission .
Page:3
State of Nord;+Earolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
10/24/2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
W. JENNINGS BOOTH JR
APEX LUMBER CO., INC.
PO BOX 726
APEX NC 27502
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON PAYMENT
PERMIT NUMBER NCG210234
APEX LUMBER CO., INC.
WAKE COUNTY
Dear Permittee:
Payment of the required annual administering and compliance monitoring fee of $80.00 for this year has not
been received for the subject permit. This fee is required by Title 15 North Carolina Administrative Code 2H.0105, under
the authority of North Carolina General Statutes 143-215.3(a)(1), (1a) and (1b). Because this fee was not fully paid within
30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 ncac 2H.0105(b) (2) (k)
(4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, subject permit is hereby revoked unless the required Annual
Administering and Compliance Monitoring Fee is received within that time. Discharges without a permit are subject to the
enforcement authority of the Division of Water Quality. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, NC 27699-1617
If you are dissatisfied with this decision, you have the right to request an administrative hearing within Thirty (30)
days following recipt of this notice, identifying the specific issues to be contended. This request must be in the form of a
written petition conforming to Chapter 150E of the North Carolina General Statutes, and fled with the Office of Administrative
Hearings, Post Office Drawer 27447, Raleigh, North Carolina, 27611-7447. Unless such request for hearing is made or
payments received, revocation shall be final and binding. If you have any questions, please contact:
Mr. Ken Schuster, Raleigh Water Quality Regional Supervisor, (919) 571-4700.
Sincerely,
Kerr T. Stevens
cc. Supevisor, Water Quality Permits and Engineering Unit
Raleigh Regional Office
County Health Department
P.O Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 28, 2003
W Jennings Booth Jr
Apex Lumber Co Incorporated
PO Box156726
Apex, NC 27502
Subject: NPDES Stormwater Permit Renewal
Apex Lumber Co Incorporated
COC Number NCG210234
Wake County
Dear Permittee:
In response to your renewal application for continued coverage under general permit NCG210000, the
Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater 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 December 6, 1983.
The following information is included with your permit package:
• A new Certificate of Coverage
• A copy of General Stormwater Permit NCG210000
• A copy of the Analytical Monitoring Form (DMR)
• A copy of the Qualitativel Monitoring Form
• A copy of a Technical Bulletin for the general permit
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 the Department of
Environment and Natural Resources, 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 Bill Mills of the Central Office
Stormwater and General Permits Unit at (919) 733-5083, ext. 548.
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater & General Permits Unit Files
Raleigh Regional Office
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-8053
WENR
Customer Service
1 800 623-7748
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG210000
CERTIFICATE OF COVERAGE No. NCG210234
STORMWATER 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,
Apex Lumber Cc Inc
is hereby authorized to discharge stormwater from a facility located at
Apex Lumber Co Incorporated
1506 N. Salem St
Apex
Wake County
to receiving waters designated as Williams Creek, a class WS-III NSW stream, in the Cape Fear
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. NCG210000 as
attached.
This certificate of coverage shall become effective May 1, 2003.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 28, 2003.
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Vq-I-w
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
September 4, 2002
W JENNINGS BOOTH JR.
APEX LUMBER CO INCORPORATED
PO BOX 726
API-X. NC 27502
Suh_jccr NPDES Slonnwalcr Pcrmil Coverage Renewal
Apex Lunbcr Co Incorp(Wile l
COC NIImhCrnca210234
Wake County
Dear Pernlittee:
Your facility is currently covered lox stonnwatei discharge under General Permit NCG210000. This per expires
on March 31, 2003. The Division sniff is' currently in the process of rcwritin'_ this permit and is scheduled to have
the permit reissual by Carly spring of 2003. Once the permit is reissued, your facility would he eligible for
Cenllnned coverage under the rcissucd permit. '
In order to assure your continued coverage under the general permit- you must apply to the Division of Water
Quality (DWO) for rCnCWal Of your permit coverage. To make this renewal process Casio. We arc inliunling you in
advance that your permit coverage will be expiring. Enclosed you will find a Permit Coverage Renewal
eApplication Form. The application must be completed and returned by October 2. 2002 in order to assure
continued coverage under the general permit. Due to staff' and budget constraints, letters confirming Our receipt of
the completed application Will not be sent.
Failuo; nr rcqucsl renewal within the time period specified, may result in it civil assessment of at least $250.00.
Larger pcn;ltics may be assessed depending on the delinquency of the request. Discharge of stormwater frOiil your
facility without coverage under it valid stonnwaler NPDES permit would constitute it violation of NCGS 143-215.1
and could result in aSSCS5nlentS of civil penalties of up to $ 10,000 per day.
Please note that recent federal legislation has extended IhC "no exposure exclusion' to all operators of industrial
facilities in any of the I I categories of "storm water discharges associated with industrial activity," (except
construction activities). If you feel your facility can certify a condition of "no exposure", i.e. the facility industrial
materials and operations arc not exposed to stortnwater, you can apply for the no exposure exclusion. For additional
information contact the Central 011ice Stornlwaler Staff member listed below or check the Stornlwaler & General
Permits Unit Web Site at httpJ/h2o.emr.stale.nc.us/su/stornwatcr.htnil
If the subject shni neater discharge to waters of the state has been terminated, please complete the enclosed
Rescission Request Form. Mailing instructions are listed an the bottom of form. You will be nolified when the
rescission process has been completed.
II you have any qucslions regarding the permit renewal procedures please contact .toe Alhiston of the Raleigh
Rcgional Office at 919-571-4700 or Bill Mills of the Central Office Stornlwate Unit al (919) 733-5083, ext. 548
Sincerely,
firadle-v Bennett. Supervisor
Stornlwaler and General Permits Unit
cc: Central files
Stornlwaler and General Permits Unit Files
Raleigh Regional Office
ern
NCDENR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1- 800-623-7748
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A4
jai EL
[D E N R
May 1, 1998
W. JENNINGS BOOTH JR
APEX LUMBER CO., INC. I
PO BOX 726 "
APEX, NC 27502
Subject: Reissued Stormwater General Permit for
Certificate of Coverage No. NCG210234
Wake County
Dear Permittee:
In response to your renewal application for continued coverage under the General Permit
NCGO40000, the Division of Water Quality (DWQ) is forwarding herewith the General Permit
NCG210000 which is a new General Permit to cover most of the Timber Products Industry. You
have now been given coverage under NCG210000 and your coverage under NCGO40000 is hereby
terminated. 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.
The following information is included with your permit package:
■ A copy of the stormwater general permit NCG210000.
■ A new Certificate of Coverage under general permit NCG210000.
■ A Stormwater Pollution Prevention Plan Certification Form. This form certifies that you have
developed and implemented the Stormwater Pollution Prevention Plan (SPPP) required in your
permit (both NCGO40000 and NCG210000). This form must be completed and returned to the
Division within 30 days of receipt of this letter. DO NOT send the SPPP with the signed form.
■ Five copies of Analytical Monitoring forms.
■ Five copies of Qualitative Monitoring forms.
■ A copy of a Technical Bulletin on the stormwater program which outlines program components
and addresses frequently asked questions.
Your certificate of coverage is not transferable except after notice to DWQ. The Division of Water
Quality may require modification or revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be required by
DWQ or permits required by the Division of Land Resources, Division of Air Quality, Coastal Area
Management Act or any other Federal or Local governmental permits that may be required.
If you have any questions concerning this permit or other attached documents, please contact the
Stormwater and General Permits Unit at telephone number (919) 733-5083.
Sincerely,
t5/L�tt1!t c�
for A. Preston Howard, Jr., P. E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG210000
CERTIFICATE OF COVERAGE NO. NCG210234
STORMWATER DISCHARGES
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,
APEX LUMBER CO., INC.
is herby authorized to discharge stormwater from a facility located at:
1506 N. SALEM STREET
APEX, NC
WAKE COUNTY
to receiving waters designated as Williams Creek in the Cape Fear River Basin
in accordance with the effluent limitations, monitoring requirements and other conditions set forth in Parts I,
II, III and IV of General Permit No. NCG210000 as attached.
This Certificate of Coverage shall become effective May 1, 1998.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 1,1998
for A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authorization of the Environmental Management Commission
Ascenzo, Tom
From: Pickle, Ken
Sent: Friday, May 31, 2013 1:28 PM
To: mulchmanager@gmail.com
Cc: Ascenzo, Tom; Montalvo, Sheri A. Bennett, Bradley; Georgoulias, Bethany
Subject: FW: The Mulch Masters
Hello Mr. Williams,
It was nice to speak with you again. I recall some of the elements of our previous conversation quite some time ago, and
they all square with our conversation this morning.
To re -iterate those conversations:
• Based on your report that the predominant activity at this site is retail and wholesale distribution of mulch and
related landscape products, it looks to me like stormwater discharges from your site activity are not regulated
under the federal rules for the NPDES stormwater permitting program, administered by the NC Division of Water
Quality.
• You report actually grinding mulch perhaps only 3 months per year, while retail/wholesale sales continue
throughout the whole of the year.
• On the basis of your report that your predominant site activity at this business unit is retail/wholesale sales,
rather than mulch manufacturing, DWQ concludes that an NPDES stormwater permit is not required for your
site. The focus of the federal NPDES program generally is for manufacturing activity, not retail/wholesale
activity.
• Further, you also report that DWQ personnel visited your site within the last couple of years, and advised you
verbally of the same conclusion. It appears there was no written follow-up on that verbal conversation.
It does appear that we have your site already permitted under our stormwater permit NCG210234, in the name of Apex
Lumber. You report that Apex Lumber sold the site perhaps 10 years ago, and the recent visit from Tom Ascenzo (DWQ
Raleigh Regional Office) was your first awareness that there may have been a stormwater permit at this site. We will
begin the process to rescind the old permit on the basis that no permit is required at this site, and that the original
permittee is no longer in active control of the site.
Please consider this email as DWQ's written determination that a permit is not required at your site. This determination
is based on your description of the site. Should site conditions change, or should new elements of the site conditions be
discovered, this determination is, of course, subject to change as well.
Please contact me if I can assist you further,
Ken
Sheri, would you please begin the process of rescinding NCG21O134? Thanks.
Ken Pickle
Environmental Engineer
NCDENR I DWQ 1 Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6376
Fax: (919) 807-6494
Email: ken. pickle(o)ncdenr.gov
Website: htto://i)ortal.ncdenr.org/web/wa/ws/su
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Ascenzo, Tom
Sent: Friday, May 31, 2013 12:16 PM
To: Pickle, Ken
Subject: FW: The Mulch Masters
Ken, I spoke briefly about this site with you on the phone.. The current owner is Mulch Masters, they bought this
property from Apex Lumber who had permit NGG210234. They never changed the name or ownership. The need a
determination to continue with the current permit or get the permit rescinded?? Can you assist them.. Thanks I I
From: Jonathan Williams[mailto:mulchmanager(algmail.com]
Sent: Friday, May 31, 2013 12:07 PM
To: Ascenzo, Tom
Subject: The Mulch Masters
Dear Mr. Ascenzo,
1 have received your letter in the mail regarding the storm water discharge permitting for our operation located
at 1508 N. Salem St. in Apex, NC.
Last year at about this time I had two representatives from NCDENR come out to our location to assess whether
or not we needed permitting and if we were in compliance with NCDENR. 1 explained to the representative the
details of our operation and I was told by them that no permitting was required.
In years past we have utilized the property to store hardwood bark and have performed a limited amount of
grinding on the property during our peak season. This amounts to about 20% or 3 months of the year.
Based on what I have shared. What do you advise we do from here? We do not have any plans to grind any
material in the near future. Are there temporary permits available in the case that we may have to? Would this
be a permit similar to one obtained by a mobile grinding business that assists in land clearing?
Thank you for your help and what you do for our State.
Jonathan Williams
Chief Operations Officer
The Mulch Masters of NC, Inc
mulchmanaeer-@email.com
Cell (919) 441-6432
Office (919) 676-0031
Fax (919) 676-5531
Ascenzo, Tom
From:
Pickle, Ken
Sent:
Friday, May 31, 2013 1:28 PM
To:
mulchmanager@gmail.com
Cc:
Ascenzo, Tom, Montalvo, Sheri A; Bennett, Bradley; Georgoulias, Bethany
Subject:
FW: The Mulch Masters
Hello Mr. Williams,
It was nice to speak with you again. I recall some of the elements of our previous conversation quite some time ago, and
they all square with our conversation this morning.
To re -iterate those conversations:
• Based on your report that the predominant activity at this site is retail and wholesale distribution of mulch and
related landscape products, it looks to me like stormwater discharges from your site activity are not regulated
under the federal rules for the NPDES stormwater permitting program, administered by the INC Division of Water
Quality.
• You report actually grinding mulch perhaps only 3 months per year, while retail/wholesale sales continue
throughout the whole of the year.
• On the basis of your report that your predominant site activity at this business unit is retail/wholesale sales,
rather than mulch manufacturing, DWQ concludes that an NPDES stormwater permit is not required for your
site. The focus of the federal NPDES program generally is for manufacturing activity, not retail/wholesale
activity.
• Further, you also report that DWQ personnel visited your site within the last couple of years, and advised you
verbally of the same conclusion. It appears there was no written follow-up on that verbal conversation.
It does appear that we have your site already permitted under our stormwater permit NCG230234, in the name of Apex
Lumber. You report that Apex Lumber sold the site perhaps 10 years ago, and the recent visit from Tom Ascenzo (DWQ
Raleigh Regional Office) was your first awareness that there may have been a stormwater permit at this site. We will
begin the process to rescind the old permit on the basis that no permit is required at this site, and that the original
permittee is no longer in active control of the site.
Please consider this email as DWQ's written determination that a permit is not required at your site. This determination
is based on your description of the site. Should site conditions change, or should new elements of the site conditions be
discovered, this determination is, of course, subject to change as well.
Please contact me if I can assist you further,
Ken
Sheri, would you please begin the process of rescinding NCG2102342 Thanks.
Ken Pickle
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, INC 27699.-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: (919) 807-6376
Fax: (919) 807-6494
Email: ken.pickle@ncdenr.gov
Website: htto://portal.ncdenr.org/web/wg/ws/su
** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulations.**
From: Ascenzo, Tom
Sent: Friday, May 31, 2013 12:16 PM
To: Pickle, Ken
Subject: FW: The Mulch Masters
Ken, I spoke briefly about this site with you on the phone.. The current owner is Mulch Masters, they bought this
property from Apex Lumber who had permit NGG210234. They never changed the name or ownership. The need a
determination to continue with the current permit or get the permit rescinded?? Can you assist them.. Thanks !!
From: Jonathan Williams(mailto:mulchmanacier(a)gmail.com]
Sent: Friday, May 31, 2013 12:07 PM
To: Ascenzo, Tom
Subject: The Mulch Masters
Dear Mr. Ascenzo,
I have received your letter in the mail regarding the storm water discharge permitting for our operation located
at 1508 N. Salem St. in Apex, NC.
Last year at about this time I had two representatives from NCDENR come out to our location to assess whether
or not we needed permitting and if we were in compliance with NCDENR. I explained to the representative the
details of our operation and I was told by them that no permitting was required.
In years past we have utilized the property to store hardwood bark and have performed a limited amount of
grinding on the property during our peak season. This amounts to about 20% or 3 months of the year.
Based on what I have shared. What do you advise we do from here? We do not have any plans to grind any
material in the near future. Are there temporary permits available in the case that we may have to? Would this
be a permit similar to one obtained by a mobile grinding business that assists in land clearing?
Thank you for your help and what you do for our State.
Jonathan Williams
Chief Operations Officer
The Mulch Masters of NC, Inc
mulchmanager@wmail.com
Cell (919) 441-6432
Office (919) 676-0031
Fax (919) 676-5531