NCS000315_OTHER_20091222

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STORMWATER DIVISION CODING SHEET
PERMIT NO.
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DOC TYPE
❑FINAL PERMIT
❑ MONITORING INFO
❑ APPLICATION
❑ COMPLIANCE
OTHER
DOC DATE
❑ Z� 12 2v
YYYYMMDD

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NORTH CAROLINA
MECKLENBURG COUNTY
ASHLAND INC.,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
CASE NUMBER 09-EHR-2999
VOLUNTARY DISMISSAL
WITH PREJUDICE
Pursuant to Rule 41(a)(1)(i) of the North Carolina Rules of Civil Procedure, Petitioner,
Ashland Inc., gives notice of its dismissal of its Petition for Contested Case in this matter with
prejudice.
\9338925.1
This the4Aday of December, 2009.
G,
Been fe C. Hutson
N.C. State Bar No. 132t95
Attorney for Ashland Inc.
McGuireWoods LLP
201 North Tryon Street
Charlotte, North Carolina 28202
Telephone: [phone]
Facsimile: [phone]

CERTIFICATE OF SERVICE
1 hereby certify that a copy of the foregoing Voluntary Dismissal with Prejudice has been
served by mailing a copy of the same in an official depository of the U.S. Mail, in a certified,
return receipt requested, postage -paid envelope, addressed as follows:
John A. Payne
Assistant Attorney General
NC Department of Justice
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
This the day of December, 2009.
Benne C. Hutson
2
\9338925.1

STATE OF NORTH CAROLINA
Ashland Inc.,
Petitioner,
V.
North Carolina Department of Environment
and Natural Resources, Division of Water
Quality,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
09 EHR 2999
SETTLEMENT AGREEMENT
Ashland Inc. ("Petitioner") and the North Carolina Department of Environment and
Natural Resources, Division of Water Quality ("DWQ"), hereby enter into this Settlement
Agreement ("Agreement") in order to resolve a matter in controversy between them pursuant to
N.C. Gen. Stat. § 150B-31(b). This matter arose out of the issuance of the National Pollutant
Discharge Elimination System Permit No. NCS000315 (the "NPDES Permit") by DWQ to the
Petitioner, allowing the Petitioner to discharge stormwater from a facility located at 3950
Glenwood Drive, Charlotte, North Carolina to receiving waters designated as the City of
Charlotte Municipal Separate Storm Sewer System (MS4) and Stewart's Creek, a class C stream
in the Catawba River basin.
In order to avoid the cost and delay of litigation, the parties have entered into this
Agreement and have agreed that all parties have been correctly designated, there is no question
\9932418.1

as to misjoinder or nonjoinder, and without any hearing of fact or law in the above -styled matter,
the parties agree as follows:
1. Permit Revisions. Within 30 days of the execution of this Agreement, the
Respondent shall issue the NPDES Permit in the form attached as Exhibit A.
2. This Agreement shall be binding upon the parties, their successors and assigns,
upon execution by the undersigned, who represent and warrant that they are authorized to enter
into this Agreement on behalf of the parties hereto.
3. Nothing in this Agreement shall restrict the right of DWQ to inspect or take
enforcement action against Petitioner for any violations of the NPDES Permit or applicable rules
or statutes under the authority of DWQ. Similarly, nothing in this Agreement shall restrict the
right of Petitioner to contest any new enforcement action or subsequent changes to the NPDES
Permit.
4. By entering into this Agreement, Petitioner does not make any admissions of
liability or of facts upon which liability may be based.
5. This Agreement may not be modified except in writing signed by all parties.
6. The parties agree that the consideration for this settlement is the promises
contained herein and that this Agreement contains the whole agreement between them.
7. - This Agreement may be executed in counterparts, each of which shall be
considered an original, but all of which shall constitute but one and the same instrument.
8. Within ten (10) days of the full execution of this Agreement, Petitioner will file
with the Office of Administrative Hearings a dismissal with prejudice of the pending Petition for
a Contested Case Hearing.
\9932418.1

FOR: THE DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES:
Name:
Title:
Date:I2 /io%!'
APPROVED FORM:
N,
John A. Payne
State Bar No.: 24966
Assistant Attorney General
NC Department of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001
Telephone: [phone]
Facsimile: [phone]
Attorney for Respondent
\9932418.1
FOR: Ashland Inc.:
Name:
Title:
Date:
Benne C. Hutson
State Bar No.: 13295
McGuireWoods LLP
201 N. Tryon Street, Suite 3000
Charlotte, NC 28202
Telephone: [phone]
Facsimile: [phone]
Attorney for Petitioner

FOR: THE DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES:
Name:
Title:
Date:
APPROVED AS TO FORM:
John A. Payne
State Bar No.: 24966
Assistant Attorney General
NC Department of Justice
9001 Mail Service Center
Raleigh, NC 27699-9001
Telephone: [phone]
Facsimile: [phone]
Attorney for Respondent
\9932418.1
FOR: Ashland Inc.:
Name:
Title: \((� aPC( ;1��5 4 C.a�.s
Date: �D
C.
Bonne C. Hutson/
State Bar No.: 13295
McGuireWoods LLP
201 N. Tryon Street, Suite 3000
Charlotte, NC 28202
Telephone: [phone]
Facsimile: [phone]
Attorney for Petitioner

NCS000315
STATE OF NORTH CAROLINA Exhibit /L#
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Ashland Inc.
is hereby authorized to discharge stormwater from a facility located at
Ashland Distribution Co.
3930 Glenwood Dr,
Charlotte, NC
Mecklenburg County
to receiving waters designated as the City of Charlotte Municipal Separate Storm Sewer System
(MS4) and Stewart's Creek, a class C stream in the Catawba River Basin, in accordance with the
discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, I11,
1V, V and VI hereof.
This permit shall become effective January 1, 2010.
This permit and the authorization to discharge shall expire at midnight on December 31, 2014.
Signed this day, December 14, 2009
for Coleen H. Sullins Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit No. NCS000315
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: Individual Permit Coverage
Section B: Permitted Activities
Section C: Location Map
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
Section A: Stormwater Pollution Prevention Plan
Section B: Analytical Monitoring Requirements
Section C: Qualitative Monitoring Requirements
Section D: On -Site Vehicle Maintenance Monitoring Requirements
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL
PERMITS
Section A: Compliance
and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
5.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1.
Individual Permit Expiration
2.
Transfers
t

Permit No. NCS0003 l 5
3. Signatory Requirements
4. Individual Permit Modification, Revocation and Reissuance, or
Termination
5. Permit Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce Not a Defense
3. Bypassing of Stormwater Control Facilities
Section D: Monitoring and Records
1.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
5.
Representative Outfall
6.
Records Retention
7.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2,
Submitting Reports
3.
Availability of Reports
4.
Nan-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10,
Other Information
PART IV LIMITATIONS REOPENER
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART VI DEFINITIONS
it

Permit No. NCS000315
PART I INTRODUCTION
SECTION A: INDIVIDUAL PERMIT COVERAGE
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge stormwater associated with industrial activity. Such
discharges shall be controlled, limited and monitored as specified in this permit.
If industrial materials and activities are not exposed to precipitation or runoff as described in 40
ChR §I 22.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater
discharge permit requirements. Any owner or operator wishing to obtain a No Exposure
Certification must submit a No Exposure Certification NOI form to the Division; must receive
approval by the Division; must maintain no exposure conditions unless authorized to discharge
under a valid NPDES stormwater permit; and must reapply for the No Exposure Exclusion once
every five (5) years.
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater to the surface waters of North Carolina or separate storm sewer system that has been
adequately treated and managed in accordance with the terms and conditions of this individual
permit. All stormwater discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval.
The stormwater discharges allowed by this individual permit shall not cause or contribute to
violations of Water Quality Standards.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Part I Page I of 2

SECTION C: LOCATION MAP
Pen -nit No. NCS0003 15
jr
4-
Ashland Distribution Co.
: I Q.
A Ftw
0ASY., L 2
J T
NCS000315
PI
ti
MW Scale 1,20,000
Ashland Inc.
Ashland Distribution Co.
Latitude: 350 15' 2.08" N
Longitude: 800 53' 11 - 18" W
County: Mecklenburg
Receiving Stream: Stewarts Creek
Stream Class: C
Sub -basin: 03-08-04 (CataNba River Basin)
Facility Location
Part 1 Page 2 of 2

Permit No. NCS000315
PART II MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
SECTION A: STORMWATER POLLUTION PREVENTION PLAN
The Permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan. This Plan shall be considered public information in accordance with Part III, Standard
Conditions, Section E, Paragraph 3 of this general permit. The Plan shall include, at a minimum,
the following items:
1. Site Plan. The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contatnination of
stormwater discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, the name of the receiving water(s) to which the
stormwater outfall(s) discharges, or if the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge. The
general location map (or alternatively the site map) shall identify whether each
receiving water is impaired (on the state's 303(d) list of impaired waters) or is
located in a watershed for which a TMDL has been established, and what the
parameter(s) of concern are.
North Carolina's 303(d) List can be found here:
http://h2o.enr.state.ne.us/tmdl/General_303d.htm#Downloads
North Carolina TMDL documents can be found here:
http://b2o.enr.state.nc.us/tmdl/TMDL_list.htm#Final_TMDLs.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants which
could be expected to be present in the stortwater discharge from each outfall.
(c) A site map drawn to scale (including a distance legend) showing: the site property
boundary, the stormwater discharge outfalls, all on -site and adjacent surface
waters and wetlands, industrial activity areas (including storage of materials,
disposal areas, process areas, loading and unloading areas, and haul roads), site
topography, all drainage features and structures, drainage areas for each outfall,
direction of flow in each drainage area, industrial activities occurring in each
drainage area, buildings, existing BMPs, and impervious surfaces. The site map
must indicate the percentage of each drainage area that is impervious.
Part II Page 1 of 10

Permit No. NCS000315
(d) A list of significant spills or leaks of pollutants that have occurred at the facility
during the three (3) previous years and any corrective actions taken to mitigate
spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part III, Standard Conditions, Section
B, Paragraph 5. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
2. Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing
the methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practical, the permittee shall
prevent exposure of all storage areas, material handling operations, and
manufacturing or fueling operations. In areas where elimination of exposure is
not practical, the stormwater management plan shall document the feasibility of
diverting the stormwater n,tnoff away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section
313 of Title III of the Superfund Amendments and Reauthorization Act (SARA)
water priority chemicals; and storage in any amount of hazardous substances, in
order to prevent leaks and spills from contaminating stormwater runoff. A table
or summary of all such tanks and stored materials and their associated secondary
containment areas shall be maintained. If the secondary containment devices are
connected directly to stormwater conveyance systems, the connection shall be
controlled by manually activated valves or other similar devices (which shall be
secured closed with a locking mechanism), and any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam,
outfall staining, visible sheens and dry weather flow, prior to release of the
accumulated stormwater. Accumulated stormwater shall be released if found to
be uncontaminated by the material stored within the containment area. Records
documenting the individual making the observation, the description of the
accumulated stormwater, and the date and time of the release shall be kept for a
period of five years.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMP) shall be provided. The installation and implementation of BMPs
shall be based on the assessment of the potential for sources to contribute
significant quantities of pollutants to stormwater discharges and data collected
Part I1 Page 2 of 10

Permit No. NCS000315
through monitoring of stormwater discharges. The BMP Summary shall include a
written record of the specific rationale for installation and implementation of the
selected site BMPs. The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have the potential to
contaminate stormwater runoff through spills or exposure of materials associated with the
facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed. The program shall list
all stormwater control systems, stormwater discharge outfalls, all on -site and adjacent
surface waters and wetlands, industrial activity areas (including material storage areas,
material handling areas, disposal areas, process areas, loading and unloading areas, and
haul roads), all drainage features and structures, and existing structural BMPs. The
program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution.
Inspection of material handling areas and regular cleaning schedules of these areas shall
be incorporated into the program. Timely compliance with the established schedules for
inspections, maintenance, and housekeeping shall be recorded in writing and maintained
in the SPPP.
Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained or recorded electronically.
6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants to surface waters. All aspects of the Stormwater
Part 1I Page 3 of 10

Permit No. NCS000315
Pollution Prevention Plan shall be reviewed and updated on an annual basis. The annual
update shall include an updated list of significant spills or leaks of pollutants for the
previous three years, or the notation that no spills have occurred. The annual update shall
include re -certification that the stormwater outfalls have been evaluated for the presence
of non-stormwater discharges. Each annual update shall include a re-evaluation of the
effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan.
The Director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B, Paragraph 5) to the Director that the changes
have been made.
8. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as
part of the Preventative Maintenance and Good Housekeeping Program at a minimum on
a semi-annual schedule, once during the first half of the year (January to June), and once
during the second half (July to December), with at least 60 days separating inspection
dates (unless performed more frequently than semi-annually). These facility inspections
are different from, and in addition to, the stormwater discharge characteristic monitoring
required in Part I1 B and C of this permit.
9. Implementation. The penmittee shall implement the Plan. Implementation of the Plan
shall include documentation of all monitoring, measurements, inspections, maintenance
activities, and training provided to employees, including the log of the sampling data and
of actions taken to implement BMPs associated with the industrial activities, including
vehicle maintenance activities. Such documentation shall be kept on -site for a period of
five years and made available to the Director or the Director's authorized representative
immediately upon request.
Part II Page 4 of 10

Permit No. NCS000315
SECTION B: ANALYTICAL MONITORING REQUIREMENTS
Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All
analytical monitoring shall be performed during a representative storm event. The required
monitoring will result in a minimum of ten analytical samplings being conducted over the term
of the permit at each stormwater discharge outfall (SDO).
A representative storm event is a storm event that measures greater than 0.1 inches of rainfall
and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1
inches has occurred. A single storm event may contain up to 10 consecutive hours of no
precipitation. For example, if it rains for 2 hours without producing any collectable discharge,
and then stops, a sample may be collected if a rain producing a discharge begins again within the
next 10 hours.
Table 1, Analytical Monitoring Requirements
scharge
'' Characteristic's T' '`
Units
Measurement Frequencyi
_
Sample;
a ATayp. �e2
$ample
Location3r
Total Suspended Solids
m L
semi-annual
Grab
SDO 001
Oil and Grease
m L
semi-annual
Grab
SDO 001
Chemical Ox en Demand
m L
semi-annual
Grab
SDO 001
Toluene
m L
semi-annual
Grab
SDO 001
X lenes, Total
m L
semi-annual
Grab
SDO 001
H
standard
semi-annual
Grab
SDO 001
Total Rainfa114
inches
semi-annual
Rain Gau e
-
Footnotes:
Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded• if at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond, a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge.
3 Sample Location: Samples shall be collected at stormwater discharge outfall (SDO) 001.
4 For each sampled representative storm event the total precipitation must be recorded. An on -site rain gauge or
local rain gauge reading must be recorded.
Part II Page 5 of 10

Permit No. NCS000315
The permittee shall complete the minimum ten analytical samplings in accordance with the
schedule specified below in Table 2. A minimum of 60 days must separate Period 1 and
Period 2 sample dates unless monthly monitoring has been instituted under a Tier Two
response.
Table 2. Monitorinm Schedule
Monitoring period ,
SampleNumber. ,....
:: `Start: ..:
;;. ....`, End' .. y - •4'
Year 1 — Period 1
1
January 1, 2010
June 30, 2010
Year l — Period 2
2
July 1, 2010
December 31, 2010
Year 2 — Period 1
3
January 1, 2011
June 30, 2011
Year 2 — Period 2
4
July 1, 2011
December 31, 2011
Year 3 — Period 1
5
January 1, 2012
June 30, 2012
Year 3 — Period 2
6
July 1, 2012
December 31, 2012
Year 4 — Period 1
7
January 1, 2013
June 30, 2013
Year 4 — Period 2
8
July 1, 2013
December 31, 2013
Year 5 -- Period 1
9
January 1, 2014
June 30, 2014
Year 5 — Period 2
10
July 1, 2014
December 31, 2014
Footnotes:
1 Maintain semi-annual monitoring during permit renewal process. The applicant must continue semi-annual
monitoring until the renewed permit is issued.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating
"No Flow" within 30 days of the end of the six-month sampling period.
The permittee shall report the analytical results from the first sample with valid results within the
monitoring period. The permittee shall compare monitoring results to the benchmark values in
Table 3. The benchmark values in Table 3 are not permit limits but should be used as guidelines for
the permittee's Stormwater Pollution Prevention Plan (SPPP)• Exceedences of benchmark values
require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the
descriptions of Tier One and Tier Two.
Table 3. Benchmark Values for Analytical Monitoring
Discharges Characteristicsx
f Units
Benchmark
Total Suspended Solids
mg/L
100
Chemical Oxygen Demand
mg/L
120
Oil and Grease
mg/L
30
Toluene
mg/L
0.055
Xylenes, Total
mg/L
6.7
H
standard
6-9
Part II Page 6 of 10

Permit No. NCS000315
"��� @„ � ���. c'Uf ,� - 3 ar i �,vl : a� 3+� tz t�F'rc•�"�'d'.. . �i �# " � � - -� � :o�'.+ 3� ' fr ��' '�.�" ,.;&ta�-«r�� -"?-3 � .G a z r; 2 r� ??,. . .
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
rane, for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving
sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential, and select the specific: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern, or to bring
concentrations to within the benchmark range.
4. Implement the selected actions within two months of the inspection.
5. Record each instance of a Tier One response in the Stormwater Pollution Prevention Plan.
Include the date and value of the benchmark exceedence, the inspection date, the personnel
conducting the inspection, the selected actions, and the date the selected actions were
implemented.
rT
,< - a,
Tier, Two
If: During the term of this permit, the first valid sampling results are above the benchmark values,
or outside of the benchmark range, for any specific parameter at a specific discharge outfall two
times in a row consecutive ;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two consecutive samples. Monthly
(analytical and qualitative) monitoring shall continue until three consecutive sample results
are below the benchmark values, or within the benchmark range, for all parameters at that
outfall.
3. If no discharge occurs during the sampling period, the permittee is required to submit a
monthly monitoring report indicating "No Flow."
4. Maintain a record of the Tier Two response in the Stormwater Pollution Prevention Plan.
Part II Page 7 of 10

Permit No. NCS000315
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on more than three occasions, the permittee shall notify the
DWQ Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical
results. DWQ may, but is not limited to:
• require that the permittee increase or decrease the monitoring frequency for the remainder
of the permit;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures; or
• require that the permittee implement site modifications to qualify for the No Exposure
Exclusion.
This site discharges indirectly to impaired waters experiencing problems with Turbidity, Lead
and Fecal Coliform. If a Total Maximum Daily Load (TMDL) is approved for this segment of
Stewart's Creek, the permittee may be required to monitor for the pollutant(s) of concern in the
future and submit results to the Division of Water Quality. The Division will consider the
monitoring results in determining whether additional BMPs are needed to control the pollutant(s)
of concern to the maximum extent practicable.
If additional BMPs are needed to achieve the required level of control, the permittee will be
required to (1) develop a strategy for implementing appropriate BMPs, and (2) submit a
timetable for incorporation of those BMPs into the permitted Stormwater Pollution Prevention
Plan.
SECTION C: QUALITATIVE MONITORING REQUIREMENTS
Qualitative monitoring requires a visual inspection of each regulated stormwater outfall regardless
of representative outfall status and shall be performed as specified in Table 4, during the
analytical monitoring event. Qualitative monitoring is for the purpose of evaluating the
effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of
stormwater pollution.
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall
document the suspected cause of the condition and any actions taken in response to the
discovery. This documentation will be maintained with the SPPP.
Part 11 Page 8 of 10

Pennit No. NCS000315
Table 4. Qualitative Monitoring Requirements
Discharge Characteristics . `� v
Firequency
-'
Mon�foring -
2
� Location2
Color
semi-annual
SDO
Odor
semi-annual
SDO
Clarity
semi-annual
SDO
Floating Solids
semi-annual
SDO
Suspended Solids
semi-annual
SDO
Foam
semi-annual
SDO
Oil Sheen
semi-annual
SDO
Erosion or deposition at the outfall
semi-annual
SDO
Other obvious indicators
of stormwater pollution
semi-annual
SDO
Footnotes:
Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See 'fable 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 Monitoring Location: Qualitative monitoring shall be performed at each regulated stormwater discharge outfall
(SDO) regardless of representative outfall status.
SECTION D: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
Facilities which have any vehicle maintenance activity occurring on -site which uses more than
55 gallons of new motor oil per month when averaged over the calendar year shall perform
analytical monitoring as specified below in Table 5. This monitoring shall be performed at all
stormwater discharge outfalls which discharge stormwater runoff from vehicle maintenance
areas and in accordance with the schedule presented in Table 2 (Section B). All analytical
monitoring shall be performed during a representative storm event.
Table 5. Analytical Monitoring Requirements for On -Site Vehicle Maintenance
Discharge Characteristics ::
�.
, �Uints- , e
Measurement..,
--Fuenc l
Sample
Sample
Location3;Xre
H
standard
semi-annual
Grab
SDO
Oil and Grease
mg/1
semi-annual
Grab
SDO
Total Suspended Solids
m l
semi-annual
Grab
SDO
Total Rainfa114
inches
semi-annual
Rain gauge
New Motor Oil Usagegallons/month
I semi-annual
Estimate
-
Part 11 Page 9 of 10

Permit No. NCS0003 I5
Footnotes:
1 Measurement Frequency: Twice per year during a representative storm event, for each year until either another
permit is issued for this facility or until this permit is revoked or rescinded. If at the end of this permitting cycle
the permittee has submitted the appropriate paperwork for a renewal permit before the submittal deadline, the
permittee will be considered for a renewal application. The applicant must continue semi-annual monitoring
until the renewed permit is issued. See Table 2 for schedule of monitoring periods through the end of this
permitting cycle.
2 If the stormwater runoff is controlled by a stormwater detention pond a grab sample of the discharge from the
pond shall be collected within the first 30 minutes of discharge from the pond.
3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges
stormwater runoff from area(s) where vehicle maintenance activities occur,
4 For each sampled representative storm event the total precipitation must be recorded. An on -site or local rain
gauge reading must be recorded.
Monitoring results shall be compared to the benchmark values in Table 6. The benchmark
values in Table 6 are not permit limits but should be used as guidelines for the permittee's
Stormwater Pollution Prevention Plan (SPPP). Exceedences of benchmark values require the
permittee to increase monitoring, increase management actions, increase record keeping, and/or
install stormwater Best Management Practices (BMPs), as provided in Part II Section B.
Table 6. Benchmark Values for Vehicle Maintenance Analytical Monitoring
ChargeCh'aracteiistics
' "' ' Units
pH
standard
6-9
Oil and Grease
mg/L
30
Total Suspended Solids
mg/L
100
Part 11 Page 10 of 10

Permit No. NCS000315
PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS
SECTION A: COMPLIANCE AND LIABILITY
Comnliance_Schedule
The permittee shall 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
initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II,
Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: 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 permit shall be accomplished prior to the beginning of discharges from the operation of the
industrial activity.
Duty to Comt)ly
The permittee must comply with all conditions of this individual permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish
these standards or prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to 25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. Also, any person who violates a permit
condition may be assessed an administrative penalty not to exceed $10,000 per violation with the
maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and
40 CFR 122.41(a)]
C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref; NC General Statutes 143-215.6A].
d. Any person may be assessed an administrative penalty by the Director for violating section 301,
302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class
I violations are not to exceed $ 10,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $25,000. Penalties for Class Il violations are not to exceed
Part III Page 1 of 8

Permit No. NCS000315
$10,000 per day for each day during which the violation continues, with the maximum amount of
any Class II penalty not to exceed $125,000.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
individual permit which has a reasonable likelihood of adversely affecting human health or the
environment.
4. Civil and Criminal Liability
Except as provided in fart II1, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, I43-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Oil and Hazardous Substance Liability
Nothing in this individual permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject
to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Property Rights
The issuance of this individual permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
7. Severability
The provisions of this individual permit are severable, and if any provision of this individual permit, or the
application of any provision of this individual permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this individual permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the
permit issued pursuant to this individual permit or to determine compliance with this individual permit.
The permittee shall also furnish to the Director upon request, copies of records required to be kept by this
individual permit,
Penalties for Tamyerin�
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this individual permit shall,
upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than two years per violation, or by both. If a conviction of a person is for a violation committed after
a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per
day of violation, or by imprisonment of not more than 4 years, or both.
Part III Page 2 of 8

Permit No. NCS000315
10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation,
or certification in any record or other document submitted or required to be maintained under this
individual permit, including monitoring reports or reports of compliance or noncompliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more
than two years per violation, or by both.
SECTION S: GENERAL CONDITIONS
I. Individual Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are
required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any
permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will
be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
This permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary under the Clean Water Act. The Pernvttee is
required to notify the Division in writing in the event the permitted facility is sold or closed.
Sienatory Reauirements
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All applications to be covered under this individual permit shall be signed as follows:
(1) In the case of a corporation: by a principal executive officer of at least the level of vice-
president, or his duly authorized representative, if such representative is responsible for
the overall operation of the facility from which the discharge described in the permit
application form originates;
(2) In the case of a partnership or limited partnership: by a general partner;
(3) In the case of a sole proprietorship: by the proprietor;
(4) In the case of a municipal, state, or other public entity: by a principal executive officer,
ranking elected official, or other duly authorized employee.
b. All reports required by the individual permit and other information requested by the Director shall
be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
Part III Page 3 of 8

Permit No. NCS0003 l5
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a, or b. of this section shall make the following
certification:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations,"
4, Individual_ Permit Modification, Revocation and Reissuance, or Termination
The issuance of this individual permit does not prohibit the Director from reopening and modifying the
individual permit, revoking and reissuing the individual permit, or terminating the individual permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122
and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina
General Statute 143-215.1 et al.
Permit Actions
The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned
changes or anticipated noncompliance does not stay any individual permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance with
the conditions of this individual permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the operation of
back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation
is necessary to achieve compliance with the conditions of this individual permit.
Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain compliance with the condition of this individual
permit.
3. Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and
Part III Page 4 of 8

Permit No. NCS000315
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls should have been installed in
the exercise of reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive maintenance; and
C. The permittee submitted notices as required under, Part III, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
SECTION D: MONITORING AND RECORDS
I. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Analytical sampling shall be performed during a representative storm
event. Samples shall be taken on a day and time that is characteristic of the discharge, All samples shall be
taken before the discharge joins or is diluted by any other waste stream, body of water, or substance.
Monitoring points as specified in this permit shall not be changed without notification to and approval of
the Director.
Recordintp, Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the
requirements of this individual permit, the permittee shall record the following information;
a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
C. The analytical techniques or methods used; and
f. The results of such analyses.
Flow Measurements
Where required, appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges.
Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation
40 CFR 136.
Part III Page 5 of 8

Permit No. NCS000315
To meet the intent of the monitoring required by this individual permit, all test procedures must produce
minimum detection and reporting levels and all data generated must be reported down to the minimum
detection or lower reporting level of the procedure.
5. Representative Outfall
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
6. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all
reports required by this individual permit for a period of at least 5 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time.
Inspection and Entev
The permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to;
a, Enter upon the permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this individual permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this individual permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this individual permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring individual permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.
SECTION E: REPORTING REQUIREMENTS
I . Discharue Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on
Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be delivered to the
Division no later than 30 days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a discharge monitoring report within 30 days of the end of the six-month sampling period, giving all
required information and indicating "NO FLOW" as per NCAC T15A 0213.0506.
Part IA Page 6 of 8

Permit No. NCS000315
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report (QMR) form provided by the Division, and shall retain the completed forms on site.
Qualitative monitoring results should not be submitted to the Division, except upon DWQ's specific
requirement to do so.
Submitting Reports
Duplicate signed copies of all reports required herein, shall be submitted to the following address:
Division of Water Quality
Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal
Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection
at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be
considered confidential. Knowingly malting any false statement on any such report may result in the
imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act.
4. Non-Stormwater_Discharaes
If the storm event monitored in accordance with this individual permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
5. Planned Chan
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which could significantly alter the nature or quantity of pollutants discharged, This notification
requirement includes pollutants which are not specifically listed in the individual permit or subject to
notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted
facility which may result in noncompliance with the individual permit requirements.
7. ByRass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass.
8. Twenty-four Hour Reporting
The permittee shall report to the central office or the appropriate regional office any noncompliance which
may endanger health or the environment, Any information shall be provided orally within 24 hours from
Part III Page 7 of 8

Permit No. NCS000315
the time the permittee became aware of the circumstances. A written submission shall also be provided
within 5 days of the time the permittee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes; the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The Director may waive the written report on a case -by -case basis if the oral report has been received
within 24 hours.
Other Noncoml2liance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time
monitoring reports are submitted.
10. Other Information
Where the permittce becomes aware that it failed to submit any relevant facts in an application for an
individual permit or in any report to the Director, it shall promptly submit such facts or information.
Part III Page 8 of 8

NCS000315
PART IV LIMITATIONS REOPENER
This individual permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and
307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the individual
permit; or
b. Controls any pollutant not limited in the individual permit.
The individual permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART V ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed
by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause
this Division to initiate action to revoke the Individual Permit.
PART VI DEFINITIONS
Act
See Clean Water Act.
2. Arithmetic Mean
The arithmetic mean of any set of values is the summation of the individual values divided by the number
of individual values.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
4. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the
form of a process, activity, or physical structure.
5. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility including
the collection system, which is not a designed or established operating mode for the facility.
Parts IV, V and VI Page 1 of 4

Permit No. NCS000315
Sulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above ground
storage container having a capacity of greater than 660 gallons or with multiple above ground storage
containers located in close proximity to each other having a total combined storage capacity of greater than
1,320 gallons.
Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq,
Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
Director
The Director of the Division of Water Quality, the permit issuing authority,
10. EMC
The North Carolina Environmental Management Commission,
IL Grab Sample
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
qualitatively monitored must be taken within the first 30 minutes of discharge.
12. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
13. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land
treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or
a surface storage facility.
14. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or town.
15. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff,
Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a
facility complies with the terms and conditions described in 40 CFR § I22.26(g).
16, Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations.
17. Permittee
The owner or operator issued a permit pursuant to this individual permit.
18. Point Source Discharge of Stormwa�er
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to
waters of the state.
Part VI Page 2 of 4 Pages

Permit No. NCS000315
19. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no
storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive
hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then
stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours.
20. Representative Outfail Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
21. Rinse Water_ Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse
waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters
utilizing any type of detergent or cleaning agent.
22. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
23. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -
to -Know Act of 1986;
Is present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting
requirements; and
C. That meets at least one of the following criteria:
(1) Is listed in Appendix D of 40 CFR part 122 on Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols), or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 1 16.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
24. Severe PropeLty Damage
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused
by delays in production.
25. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or production;
hazardous substances designated under section 10 ] (14) of CERCLA; any chemical the facility is required
to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as
ashes, slag and sludge that have the potential to be released with stormwater discharges.
Part VI Page 3 of 4 Pages

Permit No. NCS000315
26. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of
CERCLA (Ref, 40 CFR 302.4).
27. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a
result of snowmelt.
28. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is
directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities
considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14).
The term does not include discharges from facilities or activities excluded from the NPDES program,
29. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution
and is based on an evaluation of the pollution potential of the site.
30. Ten Year Design Storm
The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten
years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control
Planning and Design Manual.
31. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. "Total flow shall be;
(a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of
built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow
at 20 minute intervals during the rainfall event.
32. Total Maximum Daily Load (TMDL)
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet
water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed
water quality assessment that provides the scientific foundation for an implementation plan. The
implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to
restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes
the water quality standards and TMDL programs.
33. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
34. Vehicle Maintenance Activit
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or
airport deicing operations.
35. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
36. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25
years.
Part VI Page'4 of 4 Pages

Larsen, Cory
From:
Payne, John [JPAYN[E®ncdoj.gov}
Sent:
Friday, November 20, 2009 11:24 AM
To:
Larsen, Cory; Pickle, Ken
Cc:
Moses, Sharlene
Subject:
FW: Ashland/Stormwater Permit Appeal -- Final Settlement Agreement
Attachments:
Aclive_9932418_2_Ashland, Inc. Settlement Agreemenl.DOC
Gentlemen,
I have recently received the confirmation of the settlement agreement from Benne. I and will have Sharlene print out a
few copies and send them over for your signature.
Thank you both again.
John
From: Hutson, Benne C.[mailto:[e-mail]]
Sent: Monday, November 16, 2009 3:14 PM
To: Payne, John
Cc: Linda J Denison; Joseph A French
Subject: Ashland/Stormwater Permit Appeal -- Final Settlement Agreement
John
Your proposed revisions to the Settlement Agreement are acceptable to Ashland. I have attached a copy of the
Settlement Agreement incorporating these changes. Please sign in the space provided for your signature and have an
appropriate representative of the agency sign in its designated location. I also need you to attach a copy of the revised
permit as an exhibit to the agreement.
If you have any questions regarding this, please let me know.
Benne
Benne C. Hutson
McGuireWoods LLP
201 N. Tryon Street
Suite 3000
Charlotte, NC 28202
704.343.2060 (Direct Line)
704.343.2000 (Direct FAX)
bhutson .mcauirewoods.com
http;//www.mcguirewoods.com
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return
e-mail and delete immediately without reading or forwarding to others.

Pickle, Ken
From: Payne, John [[e-mail]]
Sent: Wednesday, September 02, 2009 4:08 PM
To: Pickle, Ken; Georgoulias, Bethany
Cc: Larsen, Cory; Bennett, Bradley; Leach, Janet; Moses, Sharlene
Subject: The Hearing has been Continued/Interrogatory Answers
'I he hearing set for September 11`r', has now been continued until the week of October 5, 2009.
I have also sent over the proposal that Ken and Cory drafted and followed up with a phone call to opposing counsel,
Benne Hudson. Benne told me that he has sent the proposal to his client and will contact me ASAP.
In addition, I have requested that we stay the Answers to the Interrogatories. Thus, please do not waste any of your
time working on them until you hear further word from me.
Thanks all and contact me if needed,
John

Page 3
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 200 foot undisturbed) shall be maintained between
any affected land and any adjoining waterway or wetland to prevent
sedimentation of that waterway or wetland from erosion of the affected land and
to preserve the integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation or into the approved sediment and erosion control
measures. .
C. No dewatering activities shall occur at this site.
D. Mining activities shall occur as indicated on the L&H Mine - Base Map - Key
Plan, Sheet MP1, last revised January 7, 2009 and the supplemental information
received by the Land Quality Section on September 2, 2008, October 20, 2008,
December 16, 2008, and March 3, 2009.
5. All affected area boundaries (7.45 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals. -

c - %.. -at ..
Pickle, Ken -
From:
Payne, John [[e-mail]
Sent:
Tuesday, August 11, 2009 4:57 PM
To:
Pickle, Ken; Bennett, Bradley; Larsen; Cory; Georgoulias, Bethany
Subject:
FW: Idea
Please see the proposal from Benne. He has also proposed some dates to view the site. I will send this over in the next
e-mail. Let me know what you all think.
Thanks,
John
From: Hutson, Benne C.[mailto:[e-mail]]
Sent: Thursday, August 06, 2009 10:10 AM
To: Payne, John
Cc: Joseph A French; Linda J Denison
Subject: RE: Idea
John
Thank you for this proposal. We have reviewed it with our client and have the following response:
1. The site visit is acceptable subject to the following two conditions:
a. The site visit and anything discussed during the site visit is part of settlement negotiations subject to
Rule 408 of the North Carolina Rules of Evidence.
b. DENR will have someone attending the Site visit who either has settlement authority, will be directly
reporting to the person with settlement authority or will be directly involved in further settlement negotiations. We do
not want to go through the time and expense of this effort and only to have DENR's representative go back to Raleigh,
report his findings and then no longer be involved in the efforts to resolve this matter. Put another way, we want to
avoid the old grade school game where you tell the person next to you something who then passes it down to the next
person and by the time it reaches the end of the line, the message is completely different. Such a result here would
significantly reduce the value of the site visit.
3. in light of the site visit, we are going to modify our interrogatories and request for production of documents. I
will send you the revised version today both by regular and E-mail.
4. We will agree to join in a motion to continue the hearing date. I will await to receive a draft from you for
review and approval.
I hanks for your continued efforts to move settlement discussions forward. We hope the site visit proves to be
efficacious.
Benne
Benne C. Hutson
McGuireWoods LLP
201 N. Tryon Street
L�

Hydrograph Report
Hydraflow Hydrographs by Intefisolve v9.02
Hyd. No. I
Post #2
Hydrograph type
= SCS Runoff
Storm frequency
= 10 yrs
Time interval
= 2 min
Drainage area
= 0.580 ac
Basin Slope
= o.b %
Tc method
= USER
Total precip.
= 5.10 in
Storm duration
= 24 hrs
Post #2
Monday, Jul 6, 2009
Peak discharge = 3.554 efs
Time to peak =
716 min
Hyd. volume =
7,552 cuft
Curve number =
88.6
Hydraulic length =
0 ft
Time of conc. (Tc) =
5.00 min
Distribution =
Type 11
Shape factor =
484
Q (Cfs) Hyd. No. 1 10 Year Q (Cfs)
4.00 4.00
3,00 3.00
2.00 2.00
1.00 1.00
0.00 0.00
0 120 240 360 480 600 720 840 960 1080 1200
— Hyd No. 1 Time (min)

Pickle, Ken
From: Payne, John [[e-mail]]
Sent: Tuesday, August 11, 2009 4:58 PM
To: Pickle, Ken; Bennett, Bradley; Larsen, Cory; Georgoulias, Bethany
Subject: FW: Ashland v. DWQ -- Proposed Dates for Site visit
From: Hutson, Benne C.[mailto:[e-mail]]
Sent: Tuesday, August 11, 2009 2:25 PM
To: Payne, John
Cc: Joseph A French; Linda J Denison
Subject: Ashland v. DWQ -- Proposed Dates for Site visit
John:
Our client is available for agency representatives to visit the site on August 24, 25, 26 or 27. Please let me know of an
acceptable date and time and I will confirm the visit (provided you do not disagree with the proposed conditions for this
visit that I sent you last week.)
I look forward to hearing from you.
Benne
Benne C. Hutson
McGuireWoods LLP
201 N. Tryon Street
Suite 3000
Charlotte, NC 28202
704.343.2060 (Direct Line)
704.343.2000 (Direct FAX)
bhutson ..mcauirewoods.com
http://www.rncciuuirewoods.corn
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return
e-mail and delete immediately without reading or forwarding to others.

Pond Report a
Hydraflow Hydrographs by Intelisolve v9.02
Monday, Jul 6, 2009
Pond No. 1 - Bioretention2
Pond Data
Contours - User -defined contour areas. Conic method used for
volume calculation. Begining Elevation = 655,50 ft
Stage I Storage Table
Stage (ft) Elevation (ft) Contour area (sqft)
Incr. Storage (tuft)
Total storage (cult)
0.00 655.50
1,807
0
0
0.50 656.00
2,313
1,027
1,027
1.00 656.50
2,594
1,226
2,253
Culvert I Orifice Structures
Weir Structures
[A] [B]
[C]
[PrfRsr]
[A] [B]
[C]
[D]
Rise (in) = 0.00 0.00
0.00
0.00
Crest Len (ft)
= 6.00 10.00
0.00
0.00
Span (in) = 0.00 0.00
0.00
0,00
Crest El. (ft)
= 656.27 656.27
0.00
0,00
No. Barrels = 0 0
0
0
Weir Coeff.
= 3.00 3.00
3.33
3.33
Invert El. (ft) = 0.00 0.00
0.00
0.00
Weir Type
= Broad Broad
---
---
Length (ft) = 0.00 0.00
0.00
0.00
Multi -Stage
= No No
No
No
Slope (%) = 0.00 0.00
0.00
nla
N-Value = .013 .013
.013
nla
Orifice Coeff. = 0.60 0.60
0.60
0.60
Exfll.(Inlhr)
= 0.000 (by Contour)
Multi -Stage = n/a No
No
No
TW Elev. (ft)
= 0.00
Note: CulvarVQriftca outflows are analyzed under inlet and outlet control. Weir risers are checked for orifice conditions
Stage (ft) Stage I Discharge
1,00
0.90
0.80
0.70
0.60
0.50
0.40
0.30
0.20
0.10
000
Elev (ft)
656.50
556.40
556.30
556.20
556.10
656.00
655.90
655.80
655.70
655.60
655.50
0.00 1.00 2.00 3.00 4.00 5.00 6.00
Total Q Discharge (cfs)

Suite 3000
Charlotte, NC 28202
704.343,2060 (Direct Line)
704.343.2000 (Direct FAX)
[e-mail]
http://www.mcguirewoods,com
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return
e-mail and delete immediately without reading or forwarding to others.
From: Payne, John [mailto:[e-mail]]
Sent: Wednesday, August 05, 2009 3:51 PM
To: Hutson, Senne C.
Subject: iedea
Benne,
Although under a tight deadline, I wanted to ask you this before I leave the office for a few days. My clients called me
last night are willing to review the permit and try to work out a compromise. They would actually like to see the site
personally which will also help them answer your interrogatories. My guess is that this may work well for both sides,
especially since a site visit appeared to have clarified your position. Thus, can we have an extension on the answers to
interrogatories until after the visit (my client has said they think the answers will be far more complete if so)? And do
you think we should send in a joint motion for continuance (I have plenty of them) to allow for the time to set up our
field trip?
I will be out of the office for a few days, but able to check my e-mail. I will try to respond to any questions you may have
as quickly as possible. However, I will definitely be in the office by next Tuesday.
Thanks,
John

Hydrograph Report
K.
Hydraflow Hydrographs by Intelisolve v9.02
Hyd. No. 3
Bioretention#2
Hydrograph type
= Reservoir
Storm frequency
= 10 yrs
Time interval
= 2 min
Inflow hyd. No.
= 1 - Post #2
Reservoir name
= Bioretention2
Storage Indication method used.
Biolretention#2
Monday, Jul 6, 2009
Peak discharge = 3.445 cfs
Time to peak
= 718 min
Hyd. volume
= 7,149 cult
Max. Elevation
= 656.44 ft
Max. Storage
= 2,111 cult
Q (cfs) Hyd. No. 3 -- 10 Year Q (cfs)
4.00 4.00
3.00 I 3.00
2.00 2.00
1.00 1.00
0.00 0.o0
0 120 240 360 480 600 720 840 960 1080 1200 1320
— Hyd No. 3 Hyd No. 1 1111111I11 Total storage used = 2,111 cuff Time (min)

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TIME �, s
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RECORDSTORWARDED
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'INFORMATION GIVEN. >,� wl ..,,`..:F;.
TTIME
:DATE._..:: `
RECORDS NOT FOUND ;,
REASON:`
ON:
DATE
RECORDS'PREVIOUSLYCHARGED TO (NaMe)
AGENGY.:
DATE
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°,� ITEM NUMBERS � v •�
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DIV OF WATER OUALITV Fax:[phone]
W=* T r:ansm i t Conf. Repo rt =+:
P. 1
J u l -24 2009 1 5: 1 9
fax/Phone Number-
Mode
Start
Time
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Note
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NORMAL
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Boykin, Julie
From:
Larsen, Cory
Sent:
Tuesday, July 07, 2009 8:09 AM
To:
Boykin, Julie
Subject:
Archived Files
Julie,
Hey, we have perms a ju ication for Ashland Distribution (NCS000315) coming up soon. What is the procedure to pull
their archived files? No one in stormwater seems familiar with how it's done. Thanks.
Cory Larsen
Environmental Engineer
NCDENR j DWQ I Stormwater Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third pamles.
1

*Gui►eWoods LLP
ZM North Tryon Street
ROAox 31247 (2823 t )
Charlotte, NC 28202
Phone: [phone]
Fax: [phone]
www.mcguirewoods.com
Benne C. Hutson
Direct: 704.343.2060
\9690564. l
WG U I REWOOQS
July 21, 2009
VIA U.S. MAIL AND
ELECTRONIC MAIL
John A. Payne
Assistant Attorney General
North Carolina Department of Justice
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
Re: Ashland Inc. vs. Division of Water Quality / Settlement Offer
Case No.: 09-EHR-2999
Dear John:
bhutson 0mcguirewoods.com
Direct Fax: [phone]
This letter follows up on our recent telephone conversation in which you suggested that
the parties attempt to reach a negotiated settlement of this matter and requested that we put
forward a settlement proposal as well as provide information on our availability for either a
conference call or a meeting. To prepare this offer, last week I met with Ashland's in-house
counsel and environmental engineer with responsibility for this matter at the company's
headquarters in Columbus, Ohio. This morning I. met with the site manager who provided me a
tour of the facility so I could have first-hand observations of the operations as well as the
physical layout of the site.
This letter sets forth an offer to settle this matter. This offer is made without admission
of liability or admission of any fact on which liability could be based. Pursuant to Rule 408 of
the North Carolina Rules of Evidence, this letter sets forth an offer to compromise and, as such,
statements made in this letter or in any way related to this letter shall not be admissible in this
proceeding or any other judicial proceedings.
Having now seen the site, it is apparent to me that not only does Ashland have a strong
legal argument, as already set forth in our prehearing statement, but also a strong factual position
on which that argument will be based. There is no manufacturing that occurs at this facility.
Most of its shipments come in bulk with most materials transferred to a tank farm and then to the
ultimate packaging, usually 55-gallon drums or other comparably sized containers. In some
,instances the facility blends different bulk materials which blends are then placed in' smaller
containers for shipment to customers. None of the operations involve active chemical reactions
or the creation of new chemical substances from raw materials. All handling of materials are in

Hydrograph Summary Report
11
Hydraflow Hydrographs by Intelisohre v9.1
Hyd.
No.
Hydrograph
type
(origin)
Peak
flow
(cis)
Time
interval
(min)
Time to
peak
(min)
Hyd.
volume
(tuft)
Inflow
hyd(s)
Maximum
elevation
(ft)
Total
strge used
(tuft)
Hydrograph
description
1
SCS Runoff
51.72
2
750
334,704
—
---
------
Pre
2
SCS Runoff
264.06
2
716
579,977
--
------
Post
3
Reservoir
30.03
2
734
578,086
2
627.44
303,427
Detention
9�8�0.8 Final UCPS Detention.gpw
Return Period: 50 Year
Tuesday, Feb 24, 2009

John A. Payne
July 21, 2009
.Page 2
enclosed contained areas, whether they be buildings or tanker off-loading areas. The tank farm
is diked. All piping to transfer product is above ground. The stormwater drains capture runoff
from the roofs of buildings as well as runoff over the area where trucks and forklifts move
through the facility. No off-loading, blending or repackaging of materials occurs in the areas of
the facility exposed to stormwatcr.�,�--
In short, not only are the operations of this facility not subject to the regulations
governing stormwater associated with industrial activity, but the design, construction and
practices of the facility minimize to a significant extent any release of materials to stormwater ✓
drains or the exposure of materials to stormwater.
All of the stormwater outfalls are located in basically the same area of the facility.
According to a figure of the facility I was provided as well as my own stepping off of the TI o
distance, the four stormwater outfalls are located within about 40 feet of each other, ecause o �° a �'
the proximity of the outfalls to each other and the homogeneous nature of the stormwater v0`1"
collected throughout all parts of the facility, a sample collected from one outfall would most (f✓
Y4
likely be indicative of discharges from any of the other outfalls. OP
In In light of the regulatory applicability and these facts, Ashland could easily take the
position that nothing more than qualitative monitoring of its stormwater discharge is necessary.
XHowever, in the spirit of compromise, Ashland is willing to sample outfall 001 which collects
stormwater from the area near the building where hazardous waste is stored (even though such
storage occurs under cover on pads with berms to collect any spills, leaks or other, discharges.)
Ashland will collect a stormwater sample from this outfall on an annual basis and analyze it for f� spti
the constituents identified in Table I of Section B of the permit being appealed. Ashlan wi
compare the analytical results to the benchmark values set forth in Table 3 of Section B. If after
the third annual sampling event none of the benchmark values have been exceeded, then the L--7-
analytical monitoring requirements shall terminate. tr-T
If you have questions, need clarification or wish to discuss this offer further, please give
me a call.
In terms of availability for a conference call or meeting to discuss settlement further,
Ashland's environmental engineer is not available this week and I will not be available next
week, Beginning the first week in August, we should be generally available. If you will provide
us some dates and times, we will try to find one that works for everyone. However, we are
hoping that we can resolve the matter without the commitment of everyone's time in such a
manner.
This case is scheduled for hearing the first week in September. Our discovery deadline
expires in approximately a month. In order to be ready for a hearing in the event that settlement
negotiations are not successful, I will be serving initial discovery requests on you in the next few
days. I also note that we are to have a mediated settlement conference completed by the end of
Ib223543.3

Hydrograph Report 12
Hydraflow Hydrographs by Intelisolve v9.1
Tuesday, Feb 24, 2009
Hyd. No. 1
Pre
Hydrograph type
= SCS Runoff
Peak discharge
= 51.72 cfs
Storm frequency
= 50 yrs
Time to peak
= 12.50 hrs
Time interval
= 2 min
Hyd. volume
= 334,704 cuft
Drainage area
= 18.850 ac
Curve number
= 66
Basin Slope
= 1.4 %
Hydraulic length
= 1661 ft
Tc method
= LAG
Time of conc. (Tc)
= 59.09 min
Total precip.
= 9.06 in
Distribution
= Type II
Storm duration
= 24 hrs
Shape factor
= 484
Pre
Q (cfs) Hyd. No. 1 — 50 Year Q (cfs)
60.00
50.00
40.00
30.00
20.00
10.00
0 00
sa.o0
50.00
40.00
30.00
20.00
10.00
0.00
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Hyd No. 1 Time (hrs)
-----

John A. Payne
July 21, 2009
Page 3
August. if you could please advise who you would like to see serve as a mediator and you and
your client's availability for such a session, I would appreciate it.
Thank you for your consideration of these matters. `
Sincerely,
McGuireWoods LLP
e C. Hutson
cc: Joseph A. French
Linda J. Dennison
Nh223543.3

Hydrograph Report 13
Hydraflow Hydrographs by Intelisolve v9.1
Tuesday, Feb 24, 2009
Hyd. No. 2
Post
Hydrograph type
= SCS Runoff
Peak discharge
= 264.06 cfs
Storm frequency
= 50 yrs
Time to peak
= 11.93 hrs
Time interval
= 2 min
Hyd. volume
= 579,977 cult
Drainage area
= 22.770 ac
Curve number
= 87*
Basin Slope
= 0.0 %
Hydraulic length
= 0 ft
Tc method
= USER
Time of conc. (Tc)
= 5.00 min
Total precip.
= 9.06 in
Distribution
= Type II
Storm duration
= 24 hrs
Shape factor
= 484
" Composite (Area1CN) = [(6.240 x 98) + (6.500 x 89) + (10.030 x 79)] 122.770
Q (Cfs
280.00
240.00
411114101
160.00
120.00
:I it
40.00
Q (Cfs)
280.00
240.00
200.00
160.00
120.00
40.00
0.00 0.00
0.0 2.0 4.0 &0 8.0 10.0 12.0 14.0 16.0 18.0 20.0
Time (hrs)
Hyd No. 2

NORTH CAROLINA
MECKLENBURG COUNTY
ASHLAND INC.,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
CASE NUMBER 09-EHR-2999
PETITIONER'S FIRST SET OF
INTERROGATORIES AND FIRST
REQUEST FOR PRODUCTION OF
DOCUMENTS TO RESPONDENT
Pursuant to 26 N.C.A.C. 3.01 l2(b), Petitioner Ashland Inc. ("Ashland"), by and through
its undersigned counsel, serves upon Respondent, North Carolina Department of Environment
and Natural Resources, Division of Water Quality ("NCDENR"), the following Interrogatories
and Requests for Production of Documents pursuant to Rules 26, 33 and 34 of the North
Carolina Rules of Civil Procedure.
Pursuant to 26 N.C.A.C. 3.0112(f), Respondent shall, within fifteen (15) days of receipt
of this notice requesting discovery:
1. Move for relief from the request;
2. Provide the requested information or material; or
3. Offer a schedule for reasonable compliance with the request.
Pursuant to Rule 26, these discovery requests shall be continuing in nature and
Respondent is required to serve supplemental answers as additional information or documents
may be come available.
19697569.

DEFINITIONS
Unless indicated otherwise, the following definitions are applicable throughout these
Interrogatories and Requests for Production of Documents and are incorporated into each
specific Interrogatory and Request:
1. The words "Respondent", "You", "Your" or "NCDENR" mean, Respondent,
North Carolina Department of Environment and Natural Resources, Division of Water Quality,
and its agents or representatives.
2. "Petitioner" and "Ashland" refer to Ashland Inc.
3. The phrase "Charlotte Facility" refers to the real property and improvements
located at 3930 Glenwood Drive, Charlotte, North Carolina where Ashland conducts business
operations.
4. "Stormwater Permit" means National Pollutant Discharge Elimination System
Permit No. NCS000315.
5. "And" or "or" shall be construed either conjunctively or disjunctively to bring
within the scope of these Interrogatories and Requests any information which might otherwise be
construed to be outside their scope.
6. "Document" is used in its customary broad sense. It means the original and all
copies of anything written, printed or electronically recorded, included but not limited to
electronic mail messages, electronic spreadsheets and electronic databases, voice recordings,
photographs, typed or graphic matter of any kind or nature however produced or reproduced and
whether or not claimed to be privileged or otherwise excludable from discovery.
7. "Communicate" or "communication" means the conveyance or transmittal of
information, whether oral or written, and whether in the form of facts, ideas, inquiries,
negotiations, conferences, discussions or otherwise with any person or entity whatsoever.
2
19697569A

8. "Person(s)" means all natural and legal persons, including without limitation
individuals, corporations, joint ventures, partnerships, trustees, sole proprietorships,
unincorporated associations, and any agency, division, subdivision, branch or department of any
local, state or federal government.
9. "Identify", when used in reference to a natural person, means to provide the
person's name, last known home and business addresses, last known home and business
✓ we,
telephone numbers, present employer, and job title. When used in reference to a person that is a
corporation, partnership, proprietorship, association, business, or other such group, "Identify"
means to provide the person's full name, address, telephone number, form of organization, and a
description of its business activities. "Identify", when used in reference to the document, means
to provide a brief description of the document, including its date, author(s), addressee(s), known
recipient(s), form (that is, letter, invoice, blueprint, etc.), subject matter, and the present,
custodian of each copy of the document having notations unique to such copy. "Identify", when
used in reference to an oral communication, means to state the date of the communication and
the place or places where the communication occurred, to identify each person who took part in
or heard the communication, to provide a description of the subject matter of the communication,
and to identify each document that refers or relates to or evidences the communication.
INTERROGATORIES
1. Identify the person answering these Interrogatories and any persons, other than
legal counsel, who contributed to the development or preparation of the answers to these
Interrogatories.
RESPONSE: /den
NC Div. laJalee Quall
W, SaAS &,"o-1 Sf-
6/e,47A, A/C �)
3/
\9697569.1 Cg/�1 go7-4,374

,. %
2. Do you contend that stormwater discharges from Ashland's Charlotte Facility are
"stormwater discharges associated with industrial activity" as that term is defined in 40 C.F.R.
§ 122.26(b)(14)? If so:
(a) Describe with specificity the basis for this contention, including but not
limited to all facts on which this contention is based;
(b) Identify all persons with knowledge of facts or other information on which
this contention is based and describe with specificity the knowledge of each such person;
and
(c) Identify all documents regarding, referring or relating in any way to this
contention.
RESPONSE:
YES, s'�o��.wz�er
5' uJ d. rt w.l , at.. er- U,� z . 2G (1,)(/
A , C
42. z� 1, ¢J`
de
was�• .G-drEat, oGG� /a�� I
Gt �u KQ.3 Sr,✓ d ��S C /Sr? rct.�s ��"4�1 SUG 4 a I-e PS ,
C
3. if you do not conten that stormwater discharges from Ashland's Charlotte
Facility are "stormwater discharges associated with industrial activity" as that term is defined in
40 C.F.R. § 122.260(b)(14), please state with specificity the basis on -which you contend that the
4
19697569.1

analytical monitoring requirements in Part I.I. Section B of the Stormwater Permit can be
included as a requirement in the Stormwater Permit.
(a) Describe with specificity the basis for this contention, including but not
limited to all facts on which this contention is based;
(b) Identify all persons with knowledge of facts or other information on which
this contention is based and describe with specificity the knowledge of each such person;
and
(c) Identify all documents regarding, referring or relating in any way to this
contention.
RESPONSE:
4.OX Have you determined that the stormwater discharge from the Charlotte Facility
contributes t a violation of a water quality standard If so:
(a) Describe with specificity the factual and other bases for this
J
determination.
(b) Identify each person (i) involved in making this determination, (ii) having
knowledge relating to this determination and/or (iii) involved in reviewing information
regarding the Charlotte Facility in making this determination and describe with
specificity each such person's involvement and/or knowledge.
5
\9697569.1

(c) Identify all documents regarding, referring or relating in any way to this
ination.
DNSE:
5. Have you determined that the stormwater discharge from the Charlotte Facility is
a Li—gnificant contributor of�pollut�ants�wqter����'s. If so:
(a) Describe with specificity the factual and other bases for this
determination.
(b) Identify each person (i) involved in making this determination, (ii) having
knowledge relating to this determination and/or (iii) involved in reviewing information
regarding the Charlotte Facility in making this determination and describe with
specificity each such person's involvement and/or knowledge.
(c) Identify all documents regarding, referring or relating in any way to this
determination.
196975V.1 6

6. Have you determined that stormwater controls are needed for the discharge of
stormwater from the Charlotte Facility based on waste load allocations at are part of any total
maximum daily load? if so:
(a) Describe with specificity the factual and other bases for this
determination.
(b) Identify each person (i) involved in making this determination, (ii) having
knowledge relating to this determination and/or (iii) involved in reviewing information
regarding the Charlotte Facility in making this determination and describe with
specificity each such person's involvement and/or -knowledge.
(c) Identify all documents regarding, referring or relating in any way to this
determination.
RESPONSE:
7. Identify any and all written or oral communications between you and the United
States Environmental Protection Agency regarding the Stormwater Permit or stormwater
discharges from the Charlotte Facility.
RESPONSE: woke, _ / Psp
7
\9697569. l

8. Identify any and all written or oral communications with any persons other than
the United States Environmental Protection Agency regarding the Stormwater Permit or
stormwater discharges from the Facility.
RESPONSE:
1/✓/�e� :
/d o-a 1 IC�,�/�
zS
/EK- •d m n P tee..
KJ&
9. Identify any and all persons known to you who participated in, or consulted,
provided input, responded to comments or otherwise were involved in the development and
issuance of the Stormwater Permit or any drafts of the Stormwater Permit.
RESPONSE:
isu�l�s
AALP
8
%9697569.1

10. Identify any and all documents relied on in preparation of responses to these
Interrogatories or containing information relevant to these Interrogatories.
RESPONSE: ,_,6,Q ��G�� Z 2, �4xk-p
11. Identify each expert witness hom you intend to cal at the hearing in this matter
and, as to each such witness:
(a) Identify the subject matter as to which the witness is expected to testify.
(b) Describe with specificity the opinions as to which each expert is expected
to give and the factual and any other basis for each opinion.
(c) Identify each and every document relied upon by each expert witness in
reaching the opinions expected to be proffered at the hearing.
RESPONSE: �m n A �,
9
19697569.1
•'r y U, i lAe XCO-S.
e�

REQUEST FOR PRODUCTION OF DOCUMENTS
1. All documents Identified or referred to in your response to the foregoing
Interrogatories.
RESPONSE:
�D Grp 12 z 4P
y V
d va ��al�e o /7 - /inca /� �ur/✓17 ,
1°f87 044,8 SIC Yn-Rr)c�� � a,.4Of
rya d I` l otfa la 6!� in U rate f&_S.
V
This the day of July, 2009
Benne C. Hutson
N.C. State Bar No. 13295
MCGUIREWOODS LLP
201 North Tryon Street, Suite 3000
Charlotte, NC 28231
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner Ashland Inc.
10
19697569.3

CERTIFICATE OF SERVICE
This is to certify that the foregoing PETITIONER'S FIRST SET OF
INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO RESPONDENT has been duly served upon Respondent by depositing a copy thereof in the
United States Mail, first-class, postage prepaid, addressed to:
John A. Payne
Assistant Attorney General
North Carolina Department of Justice
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
This the day of July, 2009.
\9697569. l
Benne C. Hutson

Vorresponaence Profile Cover Sheet
Page 1 of 1
NCDENR
Corm Tradrnag sgstem
00305200903137
Summary
Petition for a Contested Case Hearing: Ashland, Inc. v. DWQ
Received 05/07/2009 via Letter
Legal issue for Mary Penny Thompson
Issued 05/04/2009 by Benue C. Hutson of McGuire Woods, LLC
* * For Recipient Use (hily * *
To
Date: / /
Respond By:
Please. Prepare a reply for my signature and return to me.
Reply, noting the letter was referred to you by me. "
Prepare a reply for the Governor's signature and return to me.
Reply, noting the letter was referred to you by the Governor.
-For your information.
Take appropriate action
Note and file.
Note and return to me.
Note and see me about this.
Your comments and/or recommendations.
Copy to Secretary's office
Remarks
http://tbearn.enr.state.nc.us/os/dts/print,do?dispatch=crserofile&id=3137 5/7/2oa4

McCuireWoods LLP
201 North Tryon Street
P.O. Box 31247 128231 j
Charlotte, NC 28202
Phone: 704,343.2000
Fax: [phone]
www.mcguifewoods.com
Benne C. Hutson
Direct: 704.343.2060
%8979192.1
WGUIREWOODS
VIA .FACSIMILE &)FEDERAL EXPRESS
Office of Administrative Hearings
Attention: Clerk's Office
1711 New Hope Church Road
Raleigh, North Carolina 27609
Re: Ashland, Inc, v. North Carolina Department of Environment
and Natural Resources, Division of Water Ouality _
Dear Sir or Madam:
RUE OWU
{w::hey:i;iw.
MAY 7 2009
4M�t�.com
Direct Fax: [phone]
I have attached for filing a Petition for Contested Case in the above matter. I will also be
sending by Federal Express the original and two copies of the same. Please return to us in the
enclosed self-addressed, stamped envelope a file -stamped copy of this Petition.
By copy of this letter I am serving a copy of this Petition on Mary Penny Thompson, Process
Agent for the Respondent.
If you have any questions, please call me.
Enclosures
cc: Mary Penny Thompson
Sincerely,
McGuire Woods LLP
C.
Berme C. Hutso

NORTH CAROLINA
MECKLENBURG COUNTY
ASHLAND, INC.,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
CASE NUMBER
PETITION FOR CONTESTED CASE
Pursuant to N.C. Gen. Stat. § 1SOB-23, Petitioner, Ashland, Inc. ("Ashland", files this
Petition for Contested Case ("Petition"), and, in support of this Petition, alleges the following:
1. Ashland is a Kentucky corporation which conducts business through its division,
Ashland Distribution, at 3930 Glenwood Drive, Charlotte, North Carolina (the "Charlotte
Facility").
1 Respondent North Carolina Department of Environment and Natural Resources,
Division of Water Quality ("DWQ") is an agency of the State of North Carolina with authority to
enforce the laws and regulations governing discharges of stormwater to surface waters.
3. On or about April 3, 2009, DWQ issued to Ashland National Pollutant Discharge
Elimination System Permit No. NCS000315 (the "Stormwater Fermit') allowing Ashland to
discharge stormwater from the Charlotte Facility to receiving waters designated as the City of
Charlotte Municipal Separate Storm Sewer System ("MS No. 4") and Stewart's Creek, a Class C
Stream in the Catawba River Basin in accordance with the discharge limitations, monitoring
requirements and other conditions set forth in the Stormwater Permit.
4, Part lI Section B of the Stormwater Permit, which is entitled "Analytical
Monitoring Requirements," requires Ashland to perform semi-annual sampling of stormwater
from every discharge outfall at the Charlotte Facility with samples to be analyzed for six
different parameters with such sampling to be compared to benchmark values for each
parameter. In addition, Part 1I Section B of the Permit requires Ashland to take specific actions
in the event that a sampling result is above a benchmark value for one sample and to take
additional actions in the event that a sampling result is above a benchmark value for two
consecutive samples.
\8973595.1
189M95, I