NCG250000_Email from NC Forest Service with Comment Ltr_20200811

Lucas, Annette
From: Gerow, Tom
Sent: Tuesday, August 11, 2020 2:51 PM
To: Lucas, Annette; Vinson, Toby
Cc: [e-mail]; Hudyncia, Joseph
Subject: Comments on NCG-25
Attachments: NCG25 NCFS Comments 20200811.pdf
Annette, attached are my comments on the proposed final draft of NCG-25 stormwater permit. Thank you for the
opportunity to provide input.
Tom Gerow, Jr. (CESSWI, RF)
Water Resources Staff Forester
NCDA&CS — North Carolina Forest Service — Raleigh, NC
Office: 919-857-4824. Email: tom.a.gerow(a)ncagr.qov. Website: www.ncforestservice.gov
Correspondence to and from this email account is subject to N.C. public records laws and disclosure.

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N.C. Forest Service
Steven W. Troxler
Commissioner
August 11, 2020
Annette Lucas, Stormwater Program Supervisor
NCDEQ-DEMLR, Raleigh
(sent via email.• [e-mail]}
Subject: Comments on Proposed Final Draft of NCG-25
Annette,
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Scott Bissette
Assistant Commissioner
Thank you for the effort you have made to engage with stakeholders during the development of this proposed new stormwater
permit.
It is our understanding that this proposed permit would not apply to nonpoint source forestry -related, land -disturbing
('silvicultural') activities as outlined in North Carolina's SPCA (G.S. 113A-52.01), regardless of the acreage thresholds.
Part 1 — Silvicultural Point Sources
Based on my reading of the proposed permit's language and the Code of Federal Regulations (CFR), the forestry -associated
activities that would likely require coverage under this NCG-25 permit include the following described below in excerpts from 40
CFR 122.27, Silvicultural Point Sources:
"(a) Permit requirement. Silvicultural point sources, as defined in this section, as point sources subject to the NPDES
permit program.
(b) Definitions.
(1) Silvicultural point source means any discernible, confined and discrete conveyance related to rock crushing, gravel
washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from
which pollutants are discharged into waters of the United States. The term does not include non point source
silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment,
thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and
maintenance from which there is natural runoff......
(2) Rock crushing and gravel washing facilities means facilities which process crushed and broken stone, gravel, and
riprap......
(3) Log sorting and log storage facilities means facilities whose discharges result from the holding of unprocessed
wood, for example, logs or roundwood with bark or after removal of bark held in self-contained bodies of water (mill
ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking)...... "
It is my expectation that DEMLR will adhere to the plain -text definitions of the terms defined in the CFR, and avoid expanding or
interpreting the silvicultural point source terminology into other activities that are not specifically delineated in the federal rule's
language.
[continued on next page]
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Page 2. NCFS Comments on NCG-25. 8/11/2020
Part 2 — General Comments
It is my recommendation that DEMLR develop an approved easy -to -prepare template for an acceptable Erosion & Sedimentation
Control / Stormwater Pollution Prevention Plan. Such a template could be used for projects with relatively small footprints, and
on sites that have relatively low -risk to stormwater pollution. This type of template could be used for NCG-25, NCG-01, or other
stormwater permits, if the project meets certain criteria. Criteria could include acreage thresholds, distance to water features,
limited slopes, certain soil types, duration of disturbance, etc. This type of simplified Plan template would align with the spirit of
expedited permitting, use of a standardized PCN form, and the a-NOI form; all of which are intended to lessen the burden of
documentation on owners/operators with relatively small or short -duration projects. Requiring that every E&SC / SWPP Plan be
prepared by a Professional Engineer can dramatically increase the timeline and costs beyond the scope of a small project, and
in -fact, take away limited funds from being available to install the BMPs/SCMs.
Thank you for the consideration of my comments. Best wishes in implementing this new permit coverage.
/s/
-Tom
Tom Gerow, Jr. (CESSWI, RF)
Water Resources Staff Forester
NC Forest Service / Raleigh
Email: [e-mail]
Office: 919-857-4824
cc: John Hatcher, North Carolina Forestry Association
Joe Hudyncia, NC Dept. of Agriculture and Consumer Services
Toby Vinson, NCDEQ-DEMLR