NCG060000_DRAFT Fact Sheet to Notice_20180803

DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
FACT SHEET
GENERAL PERMIT
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT TO DISCHARGE STORMWATER
Permit No. NCG060000 Date: August 3, 2018
1. TYPES OF DISCHARGES COVERED
a. Industrial Activities Covered by this General Permit
Coverage under this General Permit is applicable to:
♦ All owners or operators of stormwater point source discharges associated with activities
classified as establishments primarily engaged in:
■ Food and Kindred Products [standard industrial classification (SIC) 20],
■ Tobacco Products (SIC 21),
■ Soaps, Detergents and Cleaning Preparations, Perfumes, Cosmetics and Other Toilet
Preparations (SIC 284),
■ Drugs (SIC 283), and
■ Public Warehousing and Storage (SIC 4221-4225).
♦ Stormwater point source discharges from like industrial activities deemed by The Division of
Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in the process,
or the discharges, or the exposure of raw materials, intermediate products, by-products,
products, or waste products.
♦ Facilities engaged in certain biogas recovery operations using anaerobic digesters to capture
methane from wastes from covered activities.
b. Types of Operations Covered
Major Group 20: Food and Kindred
This major group includes establishments manufacturing or processing foods and beverages for
human consumption, and certain related products, such as manufactured ice, chewing gum,
vegetable and animal fats and oils, and prepared feeds for animals and fowls. Products
described as dietetic are classified in the same manner as non -dietetic products (e.g., as candy,
canned fruits, cookies). Chemical sweeteners are classified in Major Group 28.

NCG060000 Fact Sheet — NC DEQ
August 3, 2018
Major Group 21: Tobacco Products
This major group includes establishments engaged in manufacturing cigarettes, cigars, smoking
and chewing tobacco, snuff, and reconstituted tobacco and in stemming and redrying tobacco.
Also included in this major group is the manufacture of non -tobacco cigarettes. The
manufacture of insecticides from tobacco by-products is included in Major Group 28.
2841 Soap and Other Detergents, Except Specialty Cleaners
Establishments primarily engaged in manufacturing soap, synthetic organic detergents,
inorganic alkaline detergents, or any combination thereof, and establishments producing crude
and refined glycerin from vegetable and animal fats and oils. Establishments primarily engaged
in manufacturing shampoos or shaving products, whether from soap or synthetic detergents,
are classified in Industry 2844; and those manufacturing synthetic glycerin are classified in
Industry 2869.
2842 Specialty Cleaning, Polishing, and Sanitation Preparations
Establishments primarily engaged in manufacturing furniture, metal, and other polishes; waxes
and dressings for fabricated leather and other materials; household, institutional, and industrial
plant disinfectants; nonpersonal deodorants; drycleaning preparations; household bleaches;
and other sanitation preparations. Establishments primarily engaged in manufacturing
industrial bleaches are classified in Industry 2819, and those manufacturing household
pesticidal preparations are classified in Industry 2879.
2843 Surface Active Agents, Finishing Agents, Sulfonated Oils, and Assistants
Establishments primarily engaged in producing surface active preparations for use as wetting
agents, emulsifiers, and penetrants. Establishments engaged in producing sulfonated oils and
fats and related products are also included.
2844 Perfumes, Cosmetics, and Other Toilet Preparations
Establishments primarily engaged in manufacturing perfumes (natural and synthetic),
cosmetics, and other toilet preparations. This industry also includes establishments primarily
engaged in blending and compounding perfume bases; and those manufacturing shampoos and
shaving products, whether from soap or synthetic detergents. Establishments primarily
engaged in manufacturing synthetic perfume and flavoring materials are classified in Industry
2869, and those manufacturing essential oils are classified in Industry 2899.
2833 Medicinal Chemicals and Botanical Products
Establishments primarily engaged in: (1) manufacturing bulk organic and inorganic medicinal
chemicals and their derivatives and (2) processing (grading, grinding, and milling) bulk
botanical drugs and herbs. Included in this industry are establishments primarily engaged in
manufacturing agar -agar and similar products of natural origin, endocrine products,
manufacturing or isolating basic vitamins, and isolating active medicinal principals such as
alkaloids from botanical drugs and herbs.
2834 Pharmaceutical Preparations
Establishments primarily engaged in manufacturing, fabricating, or processing drugs in
pharmaceutical preparations for human or veterinary use. The greater part of the products of
these establishments are finished in the form intended for final consumption, such as ampoules,
tablets, capsules, vials, ointments, medicinal powders, solutions, and suspensions. Products of
this industry consist of two important lines, namely: (1) pharmaceutical preparations promoted
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primarily to the dental, medical, or veterinary professions, and (2) pharmaceutical preparations
promoted primarily to the public.
2835 In Vitro and In Vivo Diagnostic Substances
Establishments primarily engaged in manufacturing in vitro and in vivo diagnostic substances,
whether or not packaged for retail sale. These materials are chemical, biological, or radioactive
substances used in diagnosing or monitoring the state of human or veterinary health by
identifying and measuring normal or abnormal constituents of body fluids or tissues.
2836 Biological Products, Except Diagnostic Substances
Establishments primarily engaged in the production of bacterial and virus vaccines, toxoids,
and analogous products (such as allergenic extracts), serums, plasmas, and other blood
derivatives for human or veterinary use, other than in vitro and in vivo diagnostic substances.
Included in this industry are establishments primarily engaged in the production of
microbiological products for other uses. Establishments primarily engaged in manufacturing in
vitro and in vivo diagnostic substances are classified in Industry 2835.
4221 Farm Product Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of farm products.
Establishments primarily engaged in refrigerated warehousing are classified in Industry 4222.
4222 Refrigerated Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of perishable goods under
refrigeration. The establishments may also rent locker space for the storage of food products for
individual households and provide incidental services for processing, preparing, or packaging
such food for storage. Establishments primarily selling frozen foods for home freezers (freezer
and locker meat provisioners) are classified in Retail Trade, Industry 5421.
4225 General Warehousing and Storage
Establishments primarily engaged in the warehousing and storage of a general line of goods.
The warehousing of goods at foreign trade zones is classified in Industry 4226. Field
warehousing is classified in Services, Industry 7389.
(From http://www.osha.gov/)
c. Characteristics of Discharged Stormwater
Typical Food and Kindred products processing facilities do not conduct many processing
operations outdoors. The nature of the business, and the required sanitary conditions, require
that raw materials through final product be protected from stormwater. As such, the
contamination of stormwater from this sector is primarily from the loading and unloading of
products and raw materials, spillage and leaks from tanks and containers stored outdoors,
waste management practices, pest control, and improper connections to the storm sewer. Such
facilities generally do not have emissions from stacks. Storage of raw materials, intermediate
products, or chemicals does not typically occur outside. Production of significant emissions
from stacks or air exhaust systems are not a part of the manufacturing process at these
facilities. The use of un -housed manufacturing and heavy industrial equipment is minimal.
Because of the processes and materials used at these plants, significant amounts of fugitive dust
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or particulate are not generated. In addition, most facilities in these categories do not use
hazardous materials or chemicals. Some food processing facilities use solvents such as hexane,
methyl ethyl ketone, and methylene chloride for extraction and leaching operations. However,
extraction and leaching operations are expected to be performed indoors.
Those industries involved in the manufacture of soap, detergents, cleaning preparations,
perfumes, cosmetics and other toilet preparations may conduct some portion of their
operations outdoors. They may be expected to have process and manufacturing equipment that
is exposed to the environment. Other common sources of stormwater contamination are
outside storage facilities such as tanks and chemical and material conveyance systems which
release pollutants as a result of leaking pump seals or piping and spills. However, their activity
is closely related to the activities involved in the food, tobacco, and drugs industries.
Establishments that are involved in public warehousing and storage are most often conducting
their activities in indoor locations. These activities include such operations as farm product
warehousing and storage (bean elevators, grain elevators, potato cellars and tobacco
warehousing, etc.) and refrigerated warehousing and storage (cheese warehouses, cod storage
locker rental, storage or warehousing of frozen or refrigerated goods, self -storage warehousing,
etc.). Storage of raw materials, intermediate products, final products, by-products, waste
products, and chemicals generally does not occur outside. Production of significant emissions
from stacks or air exhaust systems will not be a part of the warehousing and storage activities.
The use of un -housed manufacturing and heavy industrial equipment will not typically occur at
these facilities. Significant amounts of dust or particulate are not generated at these facilities.
This renewal permit proposed the same parameters be monitored in stormwater discharges as
in the previous permit. The decision to retain parameters was based on their continued
usefulness as stormwater pollution indicators for these industry types—especially within the
monitoring scheme and tiered responses continued by this renewal permit.
d. GeographicArea(s) Covered by this General Permit
Discharges covered by this General Permit are located at any place within the political
boundary of the State of North Carolina. Discharges located on the Cherokee Indian
Tribal Reservation are subject to permitting by the US Environmental Protection
Agency and are not covered by this General Permit.
e. Receiving Waters
Receiving waters include all surface waters of North Carolina or municipal separate
storm sewer systems conveying stormwater to surface waters.
2. DISCHARGE CONTROLS AND LIMITATIONS
The renewal permit maintains benchmark concentrations to provide facilities a tool with
which to assess the effectiveness of best management practices (BMPs). These benchmark
concentrations are not effluent limits, but provide guidelines for the facility's Stormwater
Pollution Prevention Plan (SPPP or Plan). Exceedances of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping,
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and/or install stormwater BMPs in a tiered program. Four (4) benchmark exceedances
trigger notification to the Regional Office and may prompt additional requirements (Tier
Three).
3. MONITORING AND REPORTING REQUIREMENTS
The renewal permit specifies monitoring and reporting requirements for both quantitative
and qualitative assessment of the stormwater discharge and operational inspections of the
entire facility. Specific pollutant parameters for which sampling must be performed and the
frequency of the sampling are based upon the types of materials used and produced in the
manufacturing processes and the potential for contamination of the stormwater runoff at
these facilities. Qualitative parameters are consistent with other general permits in the
NPDES stormwater program.
New in this iteration of the NCG06 permit is the elimination of the assessment of best
management practices (BMPs) for facilities that use or process animal fats/byproducts. We
previously asked permittees to complete a separate assessment of BMPs associated with
offloading, handling, and spill prevention of rendered fats and oils that were stored and
used at a facility. However, the elements required to be reported on in this assessment are
already covered elsewhere in the permit. In Part II, Section A (as part of the SPPP), the
permit requires a BMP summary, which includes a written record of the specific rationale
for installation and implementation of the selected site BMPs. Additionally, all aspects of
the SPPP are required to be reviewed and updated on an annual basis, including a
documented re-evaluation of the effectiveness of the on-site stormwater BMPs. We believe
the SPPP has enough built-in assessment mechanisms to monitor all BMPs without needing
a separate assessment for certain facilities.
The renewal permit proposes specific monitoring requirements for the following
parameters for stormwater discharges: Total Rainfall, Fecal Coliform [freshwater] or
Enterococci [saltwater] (only facilities that use or process meats or animal
fats/byproducts), pH, Oil and Grease (O&G), Total Suspended Solids (TSS), and
Chemical Oxygen Demand (COD). Vehicle and equipment maintenance areas will still
include monitoring for pH, Non -polar Oil & Grease/TPH, TSS, New Motor Oil Usage, and
total rainfall. In an effort to make the permit more user-friendly, all analytical monitoring
requirements, including the associated benchmark values, were combined into one table.
The monitoring schedule was also simplified to just `Period 1' and 'Period 2,' which applies
throughout the duration of the permit, instead of listing each period for all five years.
The renewal permit retains the term "measurable storm event." The "measurable storm
event" is an event that results in an actual discharge, rather than an event with a rainfall
measuring 0.1 inches or more. To qualify as a measurable storm event, the previous storm
event must have been at least 72 hours prior. The renewal permit also maintains the
requirement to separate semi-annual sampling events by a minimum of 60 days.
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The renewal permit allows the permittee to forgo sampling if adverse weather conditions
prevent sample collection (see the Definitions section of the draft permit). Inability to
sample because of adverse weather conditions must be documented in the SPPP and
recorded on the data monitoring forms (DMRs).
As before, the renewal permit specifies qualitative (visual) monitoring of each stormwater
outfall for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan and assessing new sources of stormwater pollution. Qualitative
monitoring parameters include: color, odor, clarity, floating and suspended solids, foam, oil
sheen, erosion or deposition at the outfall, and other obvious indicators of stormwater
pollution. Qualitative monitoring should be performed during any analytic sampling event.
The renewal permit maintains specific direction to the permittee about how to respond to
qualitative monitoring. If qualitative monitoring indicates that existing stormwater BMPs
are ineffective, or that significant stormwater contamination is present, the permittee must
investigate potential causes, evaluate the feasibility of corrective actions, and implement
those corrective actions within 60 days. A written record of the permittee's investigation,
evaluation, and response actions must be kept in the SPPP. The Qualitative Monitoring
Response establishes actions for when a permittee repeatedly fails to respond effectively
to correct problems, or if the discharge causes or contributes to a water quality standard
violation.
4. COMPLIANCE SCHEDULE
The compliance schedule in Part I1I, Section A still advises that the permittee comply with
Limitations and Controls specified for stormwater discharges in accordance with the
following schedule:
Existing Facilities already operating but applying for permit coverage for the first time: The
Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the
effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary
containment, as specified in Part II, Section A, Paragraph 2(b) of this general permit, shall be
accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage.
New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan
shall be developed and implemented prior to the beginning of discharges from the operation of the
industrial activity and be updated thereafter on an annual basis. Secondary containment, as
specified in Part II, Section A, Paragraph 2 (b) of this general permit shall be accomplished prior to
the beginning of discharges from the operation of the industrial activity.
Existing facilities previously permitted and applying for renewal under this General Permit:
All requirements, conditions, limitations, and controls contained in this permit shall become effective
immediately upon issuance of the Certificate of Coverage. Secondary containment, as specified in
Part III, Paragraph 2(b) of this general permit shall be accomplished prior to the beginning of
discharges from the operation of the industrial activity.
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S. SPECIAL CONDITIONS WHICH WILL HAVE A SIGNIFICANT IMPACT ON THE
DISCHARGE
In Part II, Section D addresses electronic reporting requirements mandated by the federal
NPDES Electronic Reporting Rule. When the agency's electronic reporting system is able to
accept NPDES stormwater permit monitoring data, the permittee must report discharge
monitoring data electronically using NC Division of Water Resources' Electronic Discharge
Monitoring Report (eDMR) internet application. NC DEMLR will notify permittees when
eDMR is ready to accept data.
6. BASIS FOR CONTROLS AND LIMITATIONS
The conditions of this general permit have been designed using best professional judgment
to achieve water quality protection through compliance with the technology-based
standards of the Clean Water Act (Best Available Technology [BAT] and Best Conventional
Pollutant Control Technology [BCT]). Where the Director determines that a water quality
violation is occurring and water quality -based controls or effluent limitations are required
to protect the receiving waters, coverage under the general permit shall be terminated and
an individual permit will be required. Based on a consideration of the appropriate factors
for BAT and BCT requirements, and a consideration of the factors discussed below in this
fact sheet for controlling pollutants in stormwater discharges associated with the activities
as described in Item 1 (Types of Discharge Covered), the permit retains a set of
requirements for developing and implementing stormwater pollution prevention plans,
and specific requirements for monitoring and reporting on stormwater discharges.
The permit conditions reflect the Environmental Protection Agency's (EPA) and North
Carolina's pollution prevention approach to stormwater permitting. The quality of the
stormwater discharge associated with an industrial activity will depend on the availability
of pollutant sources. This renewal permit still reflects the Division's position that
implementation of Best Management Practices (BMPs) and traditional stormwater
management practices which control the source of pollutants meets the definition of BAT
and BCT. The permit conditions are not numeric effluent limitations, but rather are
designed to be flexible requirements for developing and implementing site specific plans to
minimize and control pollutants in the stormwater discharges associated with the
industrial activity.
Title 40 Code of Federal Regulations (CFR) Part 122.44(k)(2) authorizes the use of BMPs in
lieu of numeric effluent limitations in NPDES permits when the agency finds numeric
effluent limitations to be infeasible. The agency may also impose BMP requirements which
are "reasonably necessary" to carry out the purposes of the Act under the authority of 40
CFR 122.44(k)(3). The conditions of the renewal permit are retained under the authority
of both of these regulatory provisions. The pollution prevention requirements (BMP
requirements) in this permit operate as limitations on effluent discharges that reflect the
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application of BAT/BCT. The basis is that the BMPs identified require the use of source
control technologies which, in the context of this general permit, are the best available of
the technologies economically achievable (or the equivalent BCT finding).
All facilities covered by this stormwater general permit must prepare, retain, implement,
and (at a minimum of annually) update a stormwater pollution prevention plan. The term
"pollution prevention" distinguishes this source reduction approach from traditional
pollution control measures that typically rely on end -of -pipe treatment to remove
pollutants in the discharges. The plan requirements are based primarily on traditional
stormwater management, pollution prevention and BMP concepts, providing a flexible
basis for developing site-specific measures to minimize and control the amounts of
pollutants that would otherwise contaminate the stormwater runoff.
The pollution prevention approach adopted in the stormwater pollution prevention plans
in the renewal permit still focuses on two major objectives: 1) to identify sources of
pollution potentially affecting the quality of stormwater discharges associated with
industrial activity from the facility; and 2) to describe and ensure that practices are
implemented to minimize and control pollutants in stormwater discharges associated with
industrial activity from the facility and to ensure compliance with the terms and conditions
of this permit.
The Division believes that it is not appropriate, at this time, to require a single set of
effluent limitations or a single design or operational standard for all facilities which
discharge stormwater associated with industrial activity. This permit instead establishes a
framework for the development and implementation of site-specific stormwater pollution
prevention plans. This framework provides the necessary flexibility to address the variable
risk for pollutants in stormwater discharges associated with the industrial activities that
are addressed by this permit, while ensuring procedures to prevent stormwater pollution
at a given facility are appropriate given the processes employed, engineering aspects,
functions, costs of controls, location, and age of facility (as discussed in 40 CFR 125.3). This
approach allows flexibility to establish controls which can appropriately address different
sources of pollutants at different facilities.
There has been no significant change to this rationale since the previous general permit.
Stormwater Benchmarks
The pH benchmark range of 6.0 - 9.0 standard units is based on N.C. Water Quality
Standards in 15A NCAC 0213 .0211 and is consistent with other renewed general
stormwater permits.
The standard Total Suspended Solids (TSS) benchmark of 100 mg/L is based on the
median concentration derived from the National Urban Runoff Program (NURP) study in
1983 and serves as a benchmark in most other industrial stormwater permits with TSS
monitoring. The lower TSS benchmark for ORW, HQW, trout, and primary nursery area
(PNA) waters of 50 mg/L reflects half that standard value and was set to flag potential
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problems in discharges to waters with much lower water quality standards for TSS
concentrations (20 mg/L for HQW and ORW; 10 mg/L for trout and PNA waters).
The benchmark for Chemical Oxygen Demand (COD) remains at 120 mg/L. This
benchmark was set using best professional judgement. Generally, COD is found at levels
four times the BODS levels in domestic wastewaters.
The Oil & Grease benchmark of 30 mg/L is based on best professional judgement and
reflects typical wastewater limits.
The benchmark for Non -Polar Oil and Grease, or TPH, [EPA Method 1664 (SGT -HEM)]
remains at 15 mg/L. The TPH benchmark is consistent with other States' benchmarks
and/or limits. We would only expect in discharges associated with significant oil
contamination to exceed this benchmark.
The benchmark for Fecal Coliform is 1000 col/100ml. This value is based on BPJ and was
consistent with the maximum (one -sample) threshold specified in Virginia's older Water
Quality Standards. The N.C. Water Quality Standard (for all Class C waters, based on human
health) says that fecal coliforms shall not exceed a geometric mean of 200/100ml (MF
count) based upon at least five consecutive samples examined during any 30 -day period,
nor exceed 400/100ml in more than 20 percent of the samples examined during such
period. The SPU does not consider these values practical for a stormwater benchmark. In
addition, the N.C. Standard, 213 .0211, specifies that violations of that standard "are
expected during rainfall events." The most recent N.C. Water Quality Standard maintains
the fecal coliform indicator for freshwaters. If sampling is necessary, monthly sampling is
recommended in order to yield statistically significant results. Consider comparing the
Benchmark Guidance Value to a geometric mean of at least 10 samples.
The benchmark for Enterococci is 500 enterococcus/100 ml. This was set using EPA's
1986 Ambient Water Quality Criteria for Bacteria. However, the data supporting this value
was collected through non-traditional means. Many people who had been exposed to
waters with varying enterococcus levels were interviewed several days after exposure.
Though this method was an attempt to determine an appropriate value, North Carolina still
considers this value to be BPJ. However, this value represents a single -sample maximum
for saltwaters, and therefore if enterococcus sampling is necessary, compliance can be
determined by a single sample (or by two annual samples as is typical for stormwater
permitting), rather than by multiple samples to ensure statistical significance. (Note, Rules
15A NCAC 0213 .0220 and .0222 were amended on May 1, 2007 to reflect the new standard
of 35 enterococci per 100 ml, based on a minimum of five samples within any consecutive
30 days.)
7. REQUESTED VARIANCES OR ALTERNATIVES TO REQUIRED STANDARDS
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There are no requested variances or alternatives to required standards. Facilities
requesting variances to required standards will not be covered under this General Permit
but will instead be required to seek coverage under an individual permit.
8. THE ADMINISTRATIVE RECORD
The administrative record, including application, draft permit, fact sheet, public notice,
comments received, and additional information, is available by writing to:
Stormwater Program
Division of Energy, Mineral, and Land Resources (DEMLR)
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
The above documents are available for review and copying at:
Archdale Building, 91h Floor
DEMLR Stormwater Program
512 N. Salisbury Street
Raleigh, North Carolina 27604
between the hours of 8:00 AM and 5:00 PM Monday through Friday. Copies will be
provided at a charge of 10 cents per page.
9. STATE CONTACT
Additional information about the draft and final permit may be obtained at the above
address between the hours of 8:00 AM and 5:00 PM Monday through Friday by contacting:
Alaina Morman at [phone].
10. SCHEDULE OF PERMIT ISSUANCE
Draft Permit Public Notice - Statewide Notice to publish: September 4, 2018;
Draft available on-line: September 16, 2018;
Comment Period Ends: October 16, 2018
Permit Scheduled to Issue - October 31, 2018;
Effective November 1, 2018
11. PROCEDURE FOR THE FORMULATION OF FINAL DETERMINATIONS
a. Comment Period
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The Division of Energy, Mineral, and Land Resources proposes to issue an NPDES
General Permit for the above described stormwater discharges subject to the outlined
benchmark concentrations, management practices, and special conditions. These
determinations are open to comment from the public.
Interested persons are invited to submit written comments on the permit applications
or on the Division of Energy, Mineral, and Land Resources' proposed determinations to
the following address:
Stormwater Program
Division of Energy, Mineral, and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Attn: Alaina Morman
All comments received within thirty (30) days following the date of public notice are
considered in the formulation of final determinations.
b. Public Meeting
The Director of the Division of Energy, Mineral, and Land Resources may hold a public
meeting if there is a significant degree of public interest in a proposed permit or group
of permits. Public notice of such a meeting will be circulated in newspapers in the
geographical area of the discharge and to those on the Division of Energy, Mineral, and
Land Resources' mailing list at least thirty (3 0) days prior to the meeting.
c. Appeal Hearing
An applicant whose permit is denied, or is granted subject to conditions he deems
unacceptable, shall have the right to a hearing before the Commission upon making
written demand to the Office of Administrative Hearing (OAH) within 30 days following
issuance or denial of the permit.
d. Issuance of a Permit When no Hearing is Held
If no public meeting or appeal hearing is held, after review of the comments received,
and if the Division of Energy, Mineral, and Land Resources' determinations are
substantially unchanged, the permit will be issued and become effective on the first day
of the month following the issuance date. This will be the final action of the Division of
Energy, Mineral, and Land Resources.
If a public meeting or appeal hearing is not held, but there have been substantial
changes, public notice of the Division of Energy, Mineral, and Land Resources' revised
determinations will be made. Following a 30 -day comment period, the permit will be
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issued and will become effective on the first day of the month following the issuance
date. This will be the final action of the Division of Energy, Mineral, and Land Resources
unless a public meeting or appeal hearing is granted.
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