NCG250000_Email from NCDA-CS with Comment Ltr_20200812

Lucas, Annette
From: Hudyncia, Joseph
Sent: Wednesday, August 12, 2020 3:38 PM
To: Lucas, Annette
Cc: Wrenn, Brian L
Subject: NCDA&CS Comments on new NPDES Draft Stormwater General Permit NCG250000
Attachments: NCDACS Comments on Draft NPDES General Permit NCG250000.pdf
Hi Annette,
Please see attached comments from NCDA&CS on the proposed general stormwater permit NCG250000. Thank you for
the opportunity to provide comments during this public comment period.
Joe
Joseph Hudyncia
Environmental Programs
North Carolina Department of Agriculture & Consumer Services
[phone] mobile
[phone] office
Farmland sustains us, our loved ones, our friends and neighbors. It sustains our society and it sustains our planet.
However, the conversion of farmland to development is occurring at an alarming rate — 31 million acres between 1992
and 2012 lost in the U.S. to development, 175 acres per hour, 3 acres a minute. It's unsustainable. We will cease to exist
as a society — the society we know anyway — if we don't reverse this trend — Lori Sallet

Steven W. Troxler North Carolina Department of Agriculture
Commissioner and Consumer Services
August 12, 2020
Annette Lucas
Stormwater Program
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
RE: Comments on the new NPDES Draft Stormwater General Permit NCG250000 for Construction
Activities not subject to the NC Sedimentation Pollution Control Act.
Dear Ms. Lucas:
The North Carolina Department of Agriculture and Consumer Services (NCDA&CS) would like to thank
the North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land
Resources (DEQ-DEMLR) for the opportunity to comment on the new NPDES Draft Stormwater General
Permit NCG250000 for Construction Activities not subject to the NC Sedimentation Pollution Control
Act, with a proposed issuance date of 10/01/2020. The public notice was published in the North Carolina
Register Volume 35, Issue 02 on July 15, 2020 with a link to information on the General Permit and Fact
Sheets at: https://deg.nc.gov/about/divisions/energy-mineral-and-land-
resources/stormwater/stormwater-program/stormwater-public .
NCDA&C.S provides services that promote and improve agriculture, agribusiness and forests; protect
consumers and businesses; and conserve farmland and natural resources for the prosperity of all North
Carolinians. In North Carolina, there are 46,200 farms with over 8.4 million acres of lands in farms. The
vast majority of these farms (i.e., 92%) are under 500 acres in size (including cropland, pastureland,
woodland and other land uses), and 96% of NC farms are family farms.
It is our understanding that this proposed general stormwater permit would not apply to non point -
source agricultural activities and associated stormwater runoff from farming operations, and that
farming operations are exempt from this new NPDES General Permit (NCG250000) based on the federal
exemptions from permitting stated in 40 CFR 122.3(e). Regarding farms that are classified as
Concentrated Animal Feeding Operations (CAFOs), in Alt v. EPA, the U.S. District Court for the Northern
District of West Virginia affirmed in October of 2013 that a farm classified as a CAFO under 40 CFR
122.23 was not required to obtain an NPDES permit for agricultural stormwater runoff.
Importantly, under N.C.G.S. § 113A-52.01, the NC General Assembly exempts activities relating to or
incidental, including certain construction activities, to the production of plants and animals on
agricultural land and activities undertaken on forestland for the production and harvesting of timber
1001 Mail Service Center, Raleigh, North Carolina, 27699-1001 [phone] . Fax [phone]
. E-mail: [e-mail]
An Equal Opportunity Employer

that follow the Forest Practice Guidelines Related to Water Quality from the requirements of the
Sedimentation Pollution Control Act.
Based on the long-standing practice of NCDEQ maintaining exemptions from permitting for stormwater
runoff from agricultural activities, including activities relating to or incidental to the production of plants
and animals and based on representations from NCDEQ, NCDA&CS understands that this approach will
continue, and this permit does not apply to agricultural stormwater runoff. If NCDEQ intends to change
this long-standing exemption, NCDA&CS would like to request the opportunity to provide additional
comments. Specifically, if this long-standing practice is altered, NCDA&CS would like to address how this
practice would place a significant financial burden on farmers.
Thank you for the opportunity to provide these comments on the proposed Draft Stormwater General
Permit. Please feel free to contact me with any questions.
Sincerely,
Joseph Hudyncia
Environmental Programs
N.C. Department of Agriculture & Consumer Services
[e-mail]
[phone]
1001 Mail Service Center, Raleigh, North Carolina, 27699-1001 [phone] . Fax [phone]
. E-mail: [e-mail]
An Equal Opportunity Employer