WQ0035749_Final Permit_20241002

October 2, 2024
LAMAR SYLVESTER, P.E. – CHIEF ENGINEER
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
1536 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1536
Subject: Permit No. WQ0035749
NCDOT DGS and HOS Class A
Residuals Program
Distribution of
Class A Residuals
Statewide
Dear Mr. Sylvester:
In response to your permit renewal request received on March 15, 2024, and subsequent additional
information received on July 5, 2024, we are forwarding herewith Permit No. WQ0035749 dated October
2, 2024, to the North Carolina Department of Transportation for the continued operation of the subject
residuals management program.
This permit is effective from the date of issuance through May 31, 2032, shall replace Permit No.
WQ0035749 issued on March 1, 2019, and is subject to the conditions and limitations specified therein.
The Permittee shall submit a renewal application no later than December 3, 2031.
Please pay attention to the monitoring requirements listed in Attachment A for they may differ from
the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the
required operational information may result in non-compliance.
The Division has removed the following permit conditions since the last permit issuance dated
March 1, 2019:
➢ Old Condition II.3. – The Division has replaced this condition with Condition III.4.
➢ Old Condition II.7. – The Division has replaced this condition with Condition III.5.
➢ Old Condition II.8 – The Division has removed this condition.
➢ Old Conditions III.5. and III.8. – The Division has replaced these conditions with Condition
III.9.
➢ Old Condition VI.5. – The Division has replaced this condition with Condition I.1.

Mr. Lamar Sylvester, PE
October 2, 2024
Page 2 of 3
The following permit conditions and attachment are new or modified since the last permit
issuance dated March 1, 2019:
➢ Condition I.1. – This condition replaces Old Condition VI.5.
➢ Condition III.4. – This Condition replaces Old Condition II.3.
➢ Condition III.5. – This condition replaces Old Condition II.6.
➢ Condition III.8. – The Permittee may stage Class A residuals at a land application site for up
to 60 days for non-biological residuals in a manner to prevent runoff of leachate and other
wastewaters generated.
➢ Condition III.9. – This condition replaces Old Conditions III.5. and III.8.
➢ Condition III.10.l. – The Permittee shall not land apply in the Critical Area of a water supply
watershed.
➢ Condition IV.2. – A Division-certified laboratory shall conduct all required analyses.
➢ Condition VI.8. – The Permittee shall pay an annual fee for each year of the term of this permit
and continue to pay annual fees for any facility operating on an expired permit that the Division
has not rescinded or revoked.
➢ Attachment B – The Division has added information for previously approved temporary storage
structures in this new attachment.
This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B
of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those
interested in filing may access additional information regarding the requirements for filing a Petition and
Petition forms at the OAH website or by calling the OAH Clerk’s Office at [phone]. A party filing
a Petition shall serve a copy of the Petition on the Department of Environmental Quality’s Office of General
Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the
Permittee, then the party shall also serve the Permittee pursuant to G.S. 150B-23(a).

Mr. Lamar Sylvester, PE
October 2, 2024
Page 3 of 3
If you need additional information concerning this permit, please contact Erick Saunders at (919)
707-3659 or [e-mail].
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Fayetteville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Jeremy Goodwin, PE – NCDOT (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

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WQ0035749 Version 3.0 Shell Version 240918 Page 1 of 9
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
DISTRIBUTION OF CLASS A RESIDUALS PERMIT
_____________________________________________________________________________________
Pursuant to the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
North Carolina Department of Transportation
Statewide
FOR THE
continued operation of a residuals management program for North Carolina Department of Transportation
consisting of the distribution of Class A residuals generated from diamond grinding and hydrodemolition
operations
to serve the NCDOT DGS and HOS Class A Residuals Program, with no discharge of wastes to surface
waters, pursuant to the application received on March 15, 2024, and subsequent additional information
received on July 5, 2024.
This permit does not exempt the Permittee from complying with 40 CFR Part 257 or 40 CFR Part 503.
This permit is effective from the date of issuance through May 31, 2032, shall replace Permit No.
WQ0035749 issued on March 1, 2019, and is subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall notify the appropriate Regional Office at least 48 hours in advance of initiating
land application of Class A residuals at a new diamond grinding or hydrodemolition project site. [15A
NCAC 02T .0108(b)(1)(A)]
2. If the permitted program changes ownership or the Permittee changes its name, the Permittee shall
submit a permit modification request on Division-approved forms within 90 days of the change of
ownership. The Permittee shall comply with all terms and conditions of this permit until the Division
transfers the permit to the successor-owner. [G.S. 143-215.1(d3)]
3. The Permittee shall request renewal of this permit on Division-approved forms no later than December
3, 2031. [15A NCAC 02T .0105(b), 02T .0109]

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II. PERFORMANCE STANDARDS
1. The Permittee shall operate and maintain the subject residuals management program so there is no
discharge to surface waters, nor any contravention of groundwater or surface water standards. In the
event the residuals management program does not perform as permitted, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease
distributing residuals, take immediate corrective actions, and contact the appropriate Regional Office
supervisor. [15A NCAC 02T .0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of its responsibility for contravention of groundwater or
surface water standards resulting from the operation of this residuals management program. [15A
NCAC 02T .0108(b)(1)(A)]
3. The Permittee shall not distribute residuals when the residual pollutant concentrations exceed the
following on a dry weight basis:
Parameter Ceiling Concentration Monthly Average
Concentration
(mg/kg) (mg/kg)
Arsenic 75 41
Cadmium 85 39
Copper 4,300 1,500
Lead 840 300
Mercury 57 17
Molybdenum 75
Nickel 420 420
Selenium 100 100
Zinc 7,500 2,800
[15A NCAC 02T .1105(a), 02T .1105(c)]
4. The Permittee shall not apply residuals in exceedance of agronomic rates or hydraulic capacity of the
soils, whichever is most limiting. The Permittee shall calculate agronomic rates based on lime
equivalency using the following methods:
a. A Crop Management Plan as outlined by the North Carolina Cooperative Extension, the North
Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation
Service, or a certified crop adviser.
b. If the Permittee cannot determine the appropriate lime application rates, the Permittee shall contact
the Division to determine the necessary action.
[15A NCAC 02T .1109(a)(1)(K)]

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5. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks:
a. Setbacks for Class A land application sites are as follows (all distances in feet):
Liquid
Residuals
Cake
Residuals 1
i. Each private or public water supply source: 100 100
ii. Surface waters such as intermittent and perennial streams,
perennial waterbodies, and wetlands: 100 25
iii. Surface water diversions such as ephemeral streams,
waterways, and ditches: 25 0
iv. Groundwater lowering ditches where the bottom of the ditch
intersects the SHWT: 25 0
v. Each well with exception of monitoring wells: 100 100
vi. Bedrock outcrops: 25 0
1 Unless otherwise noted in Attachment A, “cake” residuals are those that have greater than 15%
solids by weight and can be stacked without flowing, as well as can be handled, transported,
and spread as a solid (e.g., using a backhoe, front end loader, slinger spreader, broadcast
spreader or other equipment designed for handling solid materials) without leaving any
significant liquid fraction behind.
[15A NCAC 02T .1108(b)]
III. OPERATION AND MAINTENANCE
1. The Permittee shall operate and maintain the subject residuals management program as a non-discharge
system. [15A NCAC 02T .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the program and all associated facilities and equipment in sufficient detail to show
what operations are necessary for the program to function and who shall conduct the operations.
b. A description of anticipated maintenance of facilities and equipment associated with the program.
c. Provisions for safety measures, including restriction of access to sites and equipment .
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation; and contact information for personnel, emergency responders, and
regulatory agencies.
e. Detailed procedures for sampling and monitoring to ensure that the program stays in compliance
with this permit.
[15A NCAC 02T .1110(a)]
3. Upon the Water Pollution Control System Operators Certification Commission’s (WPCSOCC)
classification of the subject non-discharge facilities, the Permittee shall designate and employ a certified
Operator in Responsible Charge (ORC), and one or more certified operators as Back-up ORCs. The
ORC or its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204
and 08G .0205.
At the time of this permit issuance, the WPCSOCC does not require an ORC and Back-up ORC for
Distribution of Class A Residual Programs. [15A NCAC 02T .0117]
4. The Permittee shall only distribute residuals generated by the diamond grinding process and/or the
hydrodemolition operation. [15A NCAC 02T .1101]

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5. The Permittee shall not apply Class A residuals in exceedance of the soil test results, or
recommendations from an agronomist or a licensed North Carolina Soil Scientist on the amount of
Class A residuals needed for soil pH adjustment (i.e., lime equivalency rates). [15A NCAC 02T
.0108(b)(1)(A)]
6. The Permittee shall ensure that this permit and the Division-approved Operation and Maintenance Plan
are available when land applying residuals. [15A NCAC 02T .1110(b)]
7. The Permittee shall ensure that spill control provisions are available when transporting or land applying
residuals. [15A NCAC 02T .1110(a)(4)]
8. The Permittee may stage Class A residuals at a land application site for up to 30 days for biological
residuals and 60 days for non-biological residuals. The Permittee shall store or stage Class A residuals
in a manner to prevent runoff of leachate and other wastewaters generated. The Permittee may store
Class A residuals in mobile storage units at or near each project site. The Division shall approve
temporary earthen storage structures through a permit modification request. [15A NCAC 02T .1110(c),
02T .1110(d)]
9. The Permittee shall take measures to prevent wind erosion and runoff from the bulk Class A residual
land application sites. [15A NCAC 02T .0108(b)(1)(A)]
10. The Permittee shall not land apply bulk Class A residuals under the following conditions:
a. The residuals are likely to adversely affect a threatened or endangered species listed under Section
4 of the Endangered Species Act or its designated critical habitat.
b. The application causes nuisance conditions.
c. The land does not assimilate the residuals, or the application causes the contravention of surface
water or groundwater standards.
d. Runoff of the residuals would occur because of flooded, frozen, or snow-covered land.
e. Within the 100-year floodplain elevation unless the Permittee injects the residuals or incorporates
the residuals within 24 hours following a residual land application event.
f. During precipitation events or within 24 hours following a rainfall event of 0.5 inches or greater in
a 24-hour period.
g. The slope of the land is greater than 10% when the Permittee surface applies liquid residuals, or if
the slope of the land is greater than 18% when the Permittee injects or incorporates liquid residuals.
h. The land does not have an established vegetative cover crop unless the land is a Division-approved
no-till site, or the Permittee injects or incorporates the residuals within 24 hours of application.
i. The vertical separation of the seasonal high water table and the depth of residual application is less
than one foot.
j. The vertical separation of the depth to bedrock and the depth of residual application is less than one
foot.
k. The application exceeds agronomic rates, except for dedicated sites where the Permittee has
specifically requested and the Division has approved higher rates pursuant to 15A NCAC 02T
.1104(d).
l. The land application sites are located within:
i. A WS-I watershed pursuant to 15A NCAC 02B .0212.
ii. The Critical Area of a WS-II watershed pursuant to 15A NCAC 02B .0214(4)(g).
iii. The Critical Area of a WS-III watershed pursuant to 15A NCAC 02B .0215(4)(h).
iv. The Critical Area of a WS-IV watershed pursuant to 15A NCAC 02B .0216(4)(h).
[15A NCAC 02T .1109(a)(1), 02T .1109(b)]

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11. The Permittee shall notify all third-party entities receiving bulk Class A residuals that land application
activities occurring on the third-party’s property shall meet the requirements in 15A NCAC 02T
.1108(b) and 02T .1109(a)(1). [15A NCAC 02T .1103(a)(4), 02T .1103(a)(5)]
12. The Permittee shall not distribute bulk Class A residuals to any person or entity known to be applying
residuals contrary to the conditions of this permit. The Permittee shall report to the appropriate
Regional Office any person or entity known to be applying residuals contrary to the conditions of this
permit. [15A NCAC 02T .0108(b)(1)(A)]
13. The Permittee shall affix a label to bagged or other container Class A residuals or shall provide an
information sheet to any person or entity receiving the Class A residuals. The label or information
sheet shall contain the following:
a. The Permittee’s name, address, and contact information.
b. A statement that the receiving person or entity shall only apply the residuals pursuant to the
instructions on the label or information sheet.
c. A statement that the receiving person or entity shall apply at recommended rates for its intended
use (i.e. agronomic rates, hydraulic capacity of the soils, or lime equivalency, whichever is most
limiting).
[15A NCAC 02T .1109(c)]
14. The Permittee may land apply of Class A residuals within NC Department of Transportation rights-of-
way provided that the Permittee maintains a 25-foot setback to all drop inlets along the rights-of-way
and the Permittee uses appropriate best management practices (BMPs) to prevent surface runoff from
entering the storm drain system unimpeded. The Permittee shall buffer out areas where groundwater
is less than one foot from the ground surface or areas with a defined channel. [15A NCAC 02T
.0108(b)(1)(A)]
15. The Permittee may use the Class A residuals as soil amendment and land apply by injection or
incorporation within roadbed fill areas where site grading is actively occurring. The Permittee shall
recommend the suitable application rate and receive approval from the Division prior to beginning land
application within these areas. The Permittee shall take caution to prevent surface runoff. [15A NCAC
02T .0108(b)(1)(A)]

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IV. MONITORING AND REPORTING
1. The Permittee shall conduct and report any Division-required monitoring, including the monitoring of
groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon
or storage ponds, and plant tissue, if necessary to evaluate this program’s impact on groundwater and
surface water. [15A NCAC 02T .0108(c)]
2. A Division-certified laboratory shall conduct all required analyses. [15A NCAC 02H .0805]
3. The Permittee shall analyze the residuals to demonstrate they are non-hazardous under the Resource
Conservation and Recovery Act (RCRA). The Permittee shall not apply residuals that test or are
classified as hazardous or toxic waste under 40 CFR Part 261. The Permittee shall conduct an analysis
on the Class A residuals from each road construction project prior to the initial land application event,
and the Permittee shall maintain the results for a minimum five years. The analysis shall include the
following parameters:
Calcium Carbonate
Equivalence (CCE) Percent Total Solids pH 1
1 The Permittee shall sample pH for each truckload (or storage unit/tank, provided no additional
waste is added to the unit after the sampling event) to demonstrate the residuals are non-hazardous
under RCRA (i.e., 2.0 > pH < 12.5). If the waste is hazardous, the Permittee shall treat and dispose
the waste as a hazardous waste.
[15A NCAC 13A .0102(b), 02T .1101, 02T .1111(a)]
4. The Permittee shall perform pH measurements pursuant to EPA Test Method 9040C. [15A NCAC 02T
.0108(c)]
5. The Permittee shall perform laboratory parameter analyses on the residuals after any polymer or
chemical additions and monitored pursuant to the requirements in 15A NCAC 02B .0505. [15A NCAC
02B .0505]
6. The Permittee shall maintain records of all bulk Class A residual distribution events. The Permittee
shall maintain these records for five years and shall make them available to the Division upon request.
These records shall include:
a. Residual source (i.e., project name and location).
b. Date of distribution.
c. Location of receiving site (i.e., landowner name, address, latitude and longitude).
d. Volume of residuals applied to each site (i.e., dry weight or in gallons with percent solids included).
[15A NCAC 02T .0108(c)]
7. On or before March 1st of each calendar year, the Permittee shall submit a Residuals Annual Report
containing all the required monitoring, analyses, and records in Conditions IV.3, IV.4, IV.5, and IV.6.
Residuals Annual Report instructions and forms are located on the Non-Discharge website. If no
activities occurred during the calendar year, the Permittee shall still submit a Residuals Annual Report
documenting the absence of activity. The Permittee shall submit the Residuals Annual Report via the
Non-Discharge online portal. [15A NCAC 02T .1111(d)]

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8. Noncompliance Notification
The Permittee shall report to the appropriate Regional Office within 24 hours of first knowledge of the
following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes the facility
incapable of adequate residual treatment.
c. Any failure resulting in a discharge to surface waters.
d. Any time self-monitoring indicates the program has gone out of compliance with its permit
limitations.
e. Distribution of residuals that are abnormal in quantity or characteristic.
f. Any discharge from a vehicle or piping system transporting or conveying residuals.
Emergencies requiring reporting outside normal business hours shall call the Division’s Emergency
Response personnel at the telephone number [phone]. All noncompliance notifications shall
file a written report to the appropriate Regional Office within five days of first knowledge of the
occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not
recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee’s
treatment, storage, and distribution facilities. [15A NCAC 02T .1110(f)]
2. The Permittee shall inspect the Permittee’s treatment, storage, and distribution facilities to prevent
malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the
environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection
log that includes the date and time of inspection, observations made, and maintenance, repairs, or
corrective actions taken. The Permittee shall maintain this inspection log for five years from the date
of the inspection and shall make this log available to the Division upon request. [15A NCAC 02T
.1110(f)]
3. Division-authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the residuals management program at any reasonable time for
determining compliance with this permit. Division-authorized representatives may inspect or copy
records maintained under the terms and conditions of this permit and may collect influent, treatment
process water, effluent, residual, soil, plant tissue, groundwater, or surface water samples. [G.S. 143-
215.3(a)(2)]

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VI. GENERAL
1. The Permittee’s failure to comply with this permit’s conditions and limitations may subject the
Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C]
2. This permit is effective only for the nature and volume of wastes described in the permit application
and Division-approved plans and specifications. [G.S. 143-215.1(d)]
3. There are no variances to administrative codes or general statutes governing the construction or
operation of the permitted facilities unless the Permittee specifically requested a variance in the
application and the Division approved the variance as noted in this permit’s facility description. [15A
NCAC 02T .0105(b)]
4. This permit does not exempt the Permittee from complying with all statutes, rules, regulations, or
ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require.
[15A NCAC 02T .0108(b)(1)(A)]
5. This permit is subject to revocation or modification upon 60-day notice from the Division Director in
whole or part for:
a. Violation of any terms or conditions of this permit or 15A NCAC 02T.
b. Obtaining a permit by misrepresentation or failure to disclose all relevant facts.
c. The Permittee’s refusal to allow authorized Department employees upon presentation of
credentials:
i. To enter the Permittee’s premises where a system is located or where the Permittee keeps any
Division-required records under the terms and conditions of this permit.
ii. To have access to any permit-required documents and records.
iii. To inspect any monitoring equipment or method as required in this permit.
iv. To sample any pollutants.
d. The Permittee’s failure to pay the annual fee for administering and compliance monitoring.
e. A Division determination that the conditions of this permit conflict with the North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]

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6. Unless the Division determines that the Permittee needs a permit modification for the construction of
facilities to resolve non-compliance with any environmental statute or rule, or the Division Director
grants a variance, expansion of the permitted program shall not occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and the Permittee or any parent, subsidiary, or other affiliate of
the Permittee has abandoned or exhausted all appeals of this conviction.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility in accordance with its permit
or 15A NCAC 02T.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned
or exhausted all appeals of this penalty.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee pursuant to 15A NCAC 02T .0105(e)(2).
[15A NCAC 02T .0120(b), 02T .0120(d)]
7. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee
or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0105(e)(2). [15A NCAC 02T
.0120(c), 02T .0120(d)]
8. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule
in G.S. 143-215.3D(a). The Permittee shall continue to pay annual fees for any facility operating on
an expired permit that the Division has not rescinded or revoked. [15A NCAC 02T .0105(e)(2)]
Permit issued this the 2nd day of October 2024
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
____________________________________________
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0035749

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ATTACHMENT B – APPROVED TEMPORARY STORAGE STRUCTURES
North Carolina Department of Transportation Permit Number: WQ0035749
Certification Date: October 2, 2024 Version: 3.0
WQ0035749 Version 3.0 Attachment B Page 1 of 2
TEMPORARY STORAGE STRUCTURE INFORMATION
Project Structure Owner County Latitude Longitude
I-3802B 1
Containment Basin North Carolina Department of Transportation Rowan 35.534526° -80.572781°
Evaporation Basin 1 North Carolina Department of Transportation Rowan 35.534608° -80.573091°
Evaporation Basin 2 North Carolina Department of Transportation Rowan 35.534792° -80.573055°
I-3819B/U6039 2
Containment Basin North Carolina Department of Transportation Iredell 35.812820° -80.860317°
Evaporation Basin 1 North Carolina Department of Transportation Iredell 35.813053° -80.860212°
Evaporation Basin 2 North Carolina Department of Transportation Iredell 35.813045° -80.860391°

1. The Permittee has closed out the basins for this project.
2. The Permittee is in the process of closing out the basins for this project.
I. TEMPORARY STORAGE STRUCTURES
1. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks:
a. The Division permitted the modifications to the residual storage units herein on July 13, 2023, with
an application received on February 8, 2023. The setbacks for residual treatment and storage units
originally permitted or modified with an application received on or after September 1, 2018, are as
follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 100 1
ii. Each private or public water supply source: 100
iii. Surface waters such as intermittent and perennial streams, perennial waterbodies,
and wetlands: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 50 2
1 Habitable residences or places of assembly under separate ownership constructed after the
Division originally permitted or subsequently modified the facilities are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02T .1108(a), 02T .1108(f), 02T .1108(g)]
2. The Permittee shall prohibit public access to the residual storage facilities. [15A NCAC 02T
.0108(b)(1)(A)]
3. The Permittee shall maintain a freeboard of not less than two feet in the temporary storage structures.
[15A NCAC 02T .0108(b)(1)(A)]
4. The Permittee shall provide gauges to monitor freeboard levels in the temporary storage structures.
These gauges shall have readily visible permanent markings, at inch or tenth of foot increments,
indicating the following elevations: the maximum liquid level at the top of the temporary liquid storage
volume, the minimum liquid level at the bottom of the temporary liquid storage volume, and the lowest
point on top of the dam. [15A NCAC 02T .0108(b)(1)(A)]
ATTACHMENT B – APPROVED TEMPORARY STORAGE STRUCTURES
North Carolina Department of Transportation Permit Number: WQ0035749
Certification Date: October 2, 2024 Version: 3.0
WQ0035749 Version 3.0 Attachment B Page 2 of 2
5. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the
embankment to the maximum allowable temporary storage elevation on the inside of the embankment).
The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and
embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and
accessible. [15A NCAC 02T .0108(b)(1)(A)]
6. The Permittee shall measure and record weekly to the nearest inch or tenth of a foot of freeboard (i.e.,
the waste level to the lowest embankment elevation) in the temporary storage structures. The Permittee
shall maintain the weekly freeboard records for eight years and shall make them available to the
Division upon request. [15A NCAC 02T .0108(c)]
7. The Permittee shall retain this permit and the Division-approved plans and specifications for the life of
the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d)]
8. The Permittee shall comply with all permit conditions and requirements until the proper closure of the
permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T
.0105(j)]
9. Solids generated during the operation of the temporary storage structures that do not contain free liquid
in accordance with EPA SW-846 Test Method 9095B (Paint Filter Liquids Test) are a solid waste. The
Permittee shall dispose of solid wastes pursuant to North Carolina Division of Waste Management rules
and regulations. [15A NCAC 02T .0108(b)(1)(A)]