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Home My WebLink AboutNCGNE1236_DEMLR Letter to SSC RE NPDES Applicability_20170410Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director April 10, 2017 Mr. Jim Wright Southern States Cooperative P.O. Box 183 Farmville, North Carolina 27828 Subject: NPDES Stormwater Permit Requirement Southern States Cooperative – Farmville Agronomy Center Pitt County Dear Mr. Wright: On March 21, 2017, Division staff from the Washington Regional Office and Central Office visited this site in response to an Ownership Transfer request by Butterball to help resolve questions about which areas of the property are subject to stormwater permitting requirements under the federal National Pollutant Discharge Elimination System (NPDES) program. Mr. Ben Gawron from Southern States and representatives for Butterball were present and were very helpful during our visit that day, and we appreciate their participation and assistance. Although the Farmville Agronomy Center is a farm supply retail business and claims a Standard Industrial Classification (SIC) code of 5191 (farm supplies), the establishment here is primarily engaged in mixing fertilizers that are manufactured off-site—an activity described by SIC code 2875 and included in the NPDES Stormwater Regulations in 40 CFR § 122.26. We understand there may have been confusion in the past about whether these regulations apply to this operation, but the Division's determination is consistent with federal program implementation. During the visit, Division staff observed exposure of these industrial activities to stormwater, as well as potential point source discharges from these drainage areas. Based on these criteria, your operation requires an NPDES Stormwater Discharge Permit. While the NCG060000 General Permit covers discharges from the neighboring feed mill operated by Butterball (COC No. NCG060364), that General Permit does not adequately cover fertilizer mixing establishments. Nothing Compares_ State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Because none of our Program's Stormwater General Permits apply to an operation of this nature, we are hereby notifying you to submit a completed application for an individual NPDES Stormwater Permit (enclosed), including an $860 application fee and appropriate supplemental information, to the Stormwater Program in the DEQ Central Office within 60 days. You can find fellable PDF forms on EPA's website that can be printed here: https://www.epa.gov/npdes/npdes-gpplication-forms. (Please note that although we use EPA forms, they must be submitted to N.C. DEQ.) Alternatively, Southern States Cooperative has the option of achieving No Exposure conditions and requesting an exclusion from NPDES permitting. If approved, the Division would issue a No Exposure Certification instead of an NPDES Stormwater Permit. Based on observations during the site visit, current conditions do not qualify as No Exposure, and several modifications would be necessary before DEQ could approve such a request. Butterball and Southern States Cooperative could also apply as co -permittees for a single individual NPDES Stormwater Permit that includes discharges from the entire site. Discharges to surface waters without a valid permit is a violation of NC General Statute 143- 215.1(a) and may result in a recommendation for appropriate enforcement action including assessment of civil penalties. If you have any questions or need further information, please contact the Stormwater Program at (919) 707-9220. Sincerely, Toby Viloln, Chief, Program Operations, Division of Energy, Mineral and Land Resources cc: Washington Regional Office / T. Edgerton Ben Gawron, Southern States Cooperative Matt Bramblett, P.E. / Hart & Hickman, PC (via e-mail) Stormwater Program Files Enclosure (EPA Forms 1 and 2F) Nothing Compares_ State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 92 00