NCG080082_Rescission Request_20211025

FOR AGENCY USE ONLY
Assigned to:
ARO FRO
MRO RRO WARO WIRO WSRO
RECEIVED
OCT 2 5 2021
DENR-LAND QUALITY
STORMWATER PERMITTING
Division of Energy, Mineral, and Land Resources Land Quality Section
National Pollutant Discharge Elimination System
Rescission Request Form
Please fill out and return this form if you no longer need to maintain your NPDES stormwater permit.
Directions: Print or type all entries on this application form. Send the original, signed application to: NCDEMLR
Stormwater Program, 1612 Mail Service Center, Raleigh, NC 27699-1612. The submission of this form does not
guarantee recission of your NPDES stormwater permit. Prior to the recission of your NPDES stormwater permit, a
site inspection will be conducted.
1. Owner/Operator (to whom all permit correspondence will be mailedl:
Name of legal organizational entity:
Legally responsible person as signed in Item (4) below:
Intermont Group, LTD
Stevan Rainero, President
Street address:
City:
State and zip code:
824 Ellis Road
Durham
27703
Telephone number:
Email address:
276-466-2275
[e-mail]
2. Industrial Facilitv (facilitv reauestinR rescission):
Facility name:
Intennont Group, LTD
Street address:
824 Ellis Road
City:
State:
Zip Code:
County:
Durham
NC
27703
Durham
Permit Number to which this request applies:
NCGO80082
3. Reason for rescission Request
..a,..Y.
Facility is closed or closing. All industrial activities have ceased such that no discharges of stormwater are contaminated
by exposure to industrial activities or materials.
Facility sold.
Sold to:
0 Other (please explain):
Facility SIC Code is not included in any regulated sector. Permit may have been applicable to previous owner based on that facility's activities.

4. Applicant Certification:
North Carolina General Statute 143-215.6E (i) provides that: Any person who knowingly makes any false statement,
representation, or certification in any application, record, report, plan, or other document filed or required to be maintained
under this Article or a rule implementing this Article ... shall be guilty of a Class 2 misdemeanor which may include a fine not
to exceed ten thousand dollars ($10,000). 1 hereby request exclusion from NPDES stormwater permitting.
Under penalty of law, I certify that:
IZI I, as an authorized representative, hereby request recission of coverage under the NPDES stormwater Permit for the
subject facility. I am familiar with the information contained in this request and to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing: Louis Stevan Rainero, Jr.
Title: President
Z /:2� Z� /D /9 (
gnature of Applicant) (Dat Sign d)
Mail the entire package to: DEMLR —Stormwater Program
Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-1612
Page 2 of 2

October 19, 2021
Ms. Suzanne McCoy
NC Department of Environmental Quality
NCDEMLR Stormwater Program
1612 Mail Service Center
Raleigh, NC 27699-1612
Re: Intermont Group, LTD
NPDES Permit NCG080082
Permit Rescission Request
Ms. McCoy:
RECEIVED
'IT 2 5 2021
Via FedEx DEAlR-LAND QUALITY
Next Day Delivery STORMWATER PERMITTIAIG
Intermont Group, LTD (Intermont) leases and operates a cement distribution facility located in
Durham, NC under SIC Code 5032. Intermont leased the facility in 2010. At the time of the
lease, the facility was covered under the North Carolina General Stormwater Permit
NCGO80000, and that permit was transferred to Intermont. However, we believe that the
Intermont operations (and associated SIC Code) are not required to be permitted under the North
Carolina NPDES permit program and therefore, we are submitting this Permit Rescission
request. The following provides additional information in support this request and a completed
NC DEQ Permit Rescission Form is provided as an attachment to this letter.
Background and Applicability:
Stormwater permitting requirements for industrial activities in the State of North Carolina are
incorporated by reference from 40 CFR 122.21, 122.26, and 122.28 through 122.37.
40 CFR 122.26(b)(14) defines the term "Stormwater Discharge from Industrial Activity" and
§ 122.26(b)(1 4)(i) through (xi) provide the "categories of facilities (that) are considered to be
engaging in "industrial activity" for purposes of paragraph (b)(14)." These categories are
defined both in terms of SIC Codes and specific industry descriptions.
In addition, 40 CFR §122.26(a)(1)(v) grants authority for the State to require a permit for a
discharge which the Director or the EPA Regional Administrator "determines to contribute to a
violation of a water quality standard or is a significant contributor of pollutants to waters of the
United States," except for those discharges from conveyances which do not require a permit
under paragraph § 122.26 (a)(2) [oil and gas exploration / mine operation stormwaters not
contacting materials specified above] or agricultural stormwater runoff exempted from the
definition of a point source in § 122.2.E
I NC DEQ Guidance, "Who is subject to the NPDES Stormwater Program?", January 27,2016.

As detailed above, Intermont's Durham facility operates as a wholesale cement
distributor under SIC Code 5032. SIC Code 5032 (and the type of facility represented by
Intermont) is not included at §122.26(b)(14) and therefore, Intermont is not considered to
be engaged in "industrial activity" as defined in the rule. Consequently, Intermont would
not be required to obtain a stormwater permit in North Carolina unless DEQ determined
Intermont "to contribute to a violation of a water quality standard" or to be a "significant
contributor of pollutants to waters of the United States."
Intermont's operation consists of an enclosed cement unloading and loading operation.
Railcars are unloaded to enclosed silos using enclosed transfer equipment. Subsequently,
cement material is transferred to outgoing trucks within a loading building such that that
the loading operation is not exposed to stormwater. No material or oil storage operations
occur where they could be exposed to stormwater. In fact, notwithstanding our
categorical exemption position discussed above, we believe that the facility would also
qualify for a no exposure certification, even if it were not categorically exempt.
Specifically:
• Answers to all checklist questions included in the material handling table in
Section 4 (Exposure Checklist) of the NC DEMLR No Exposure Certification
Form would either be "No" or "N/A."
• The facility does not store any materials in ASTs at the site and therefore, the
answers to all questions detailed in the "Aboveground Storage Tanks (ASTs) and
Secondary Containment" table in Section 4 of the No Exposure Certification
Form would be "N/A."
• All answers to the "Other Information" table in Section 4 of the No Exposure
Certification Form would be "No" except that the facility does operate under an
air permit issued by the NC DEQ. However, as detailed above, the material
transfer operations at the site are all performed using enclosed
conveyance/loading equipment and the transfer points are controlled using high -
efficiency fabric filter dust collectors subject to periodic inspection, maintenance,
and recordkeeping requirements.
Therefore, we do not believe that the facility would either "contribute to a violation of a
water quality standard" or be considered "a significant contributor of pollutants to waters
of the United States." Consequently, we do not believe that the facility would be subject
to permitting under 40 CFR §122.26(a)(1)(v).
Summary:
Intermont's Durham facility is not included as a facility engaging in industrial activity at
40 CFR Part 122.26(b)(14). In addition, the facility would neither "contribute to a
violation of a water quality standard" or be a "significant contributor of pollutants to
waters of the Unites States." Therefore, we request that the existing Certificate of
Coverage under NCG 080082 be rescinded.

I

If you have any questions or require additional information, please contact me at 423-
794-8384.
Sincerely,
LourAanRnero, Jr.
President