March 28, 2014 Mr.

Steven Giese Millenarian Trading Company LLC Carolina Jelly Balls LLC 1635 Rolling Waters Way Beaufort, SC 29902 RE: Applications for No Exposure Certification for Exclusion from NPDES Stormwater Permitting

Mr. Giese: The Department is in receipt of applications for No Exposure Certification for Exclusion from NPDES Stormwater Permitting (NEC) on behalf of Millenarian Trading Company for a proposed site at 27 Golden Dock Rd in Beaufort County (Golden Dock Site) and on behalf of Williams Farms for a proposed site located at 7622 Ashton Rd in Colleton County (Ashton Road Site). The regulations governing No Exposure are set forth in R.61-9.122.26(g) and require the applicant to certify under penalty of law that there is no exposure of rainfall or stormwater runoff to industrial materials or activities. In the context of stormwater runoff from industrial activities: No exposure means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/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. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. In order to assist permitting staff in determining if NEC is appropriate for each of these facilities, Shane Johnson, with the DHEC- Environmental Health Services office in Beaufort, visited each of the sites and provided photos to permitting engineers. Based on a review of the application and these photos, staff believes neither the Golden Dock Site nor the Ashton Road Site qualifies for NEC. Please see Attachment A outlining potential points of exposure of stormwater runoff to industrial materials or activities. Staff is receptive to the applicant providing proposed changes to operational or facility design/ construction that may make one or both sites eligible for NEC. In lieu of the NEC, each site may seek coverage under the NPDES General Permit for Stormwater Discharges Associated with Industrial Activities (IGP). To be granted coverage under this permit, you must first prepare a site-specific Stormwater Pollution Prevention Plan (SWPPP) meeting the requirements of the IGP. Following development of the SWPPP, a Notice of Intent and the $75 NPDES permit fee, must be submitted to the Department. Please provide a copy of the SWPPP with this application.

As you are aware, there has been significant citizen interest with regards to the Carolina Jelly Balls operation. The Department intends to provide notice and/or hold a meeting with concerned citizens prior to making a final decision. Should you have any questions based on this letter, please feel free to contact me at (803)898-04039 or via email at stewarjc@dhec.sc.gov.

Sincerely,

Jill C. Stewart, P.E., Manager Stormwater Permitting Section

Attachment A
Ashton Road Site
1. No overhangs and/or paved areas sloped to a sump present to shield and contain any materials

released, a shroud will be necessary to obtain a No Exposure Certification.

2. The expandable foam used to seal the gap between the building and the guttering is not water tight

or adhesive. Also, the joints of the guttering do not appear to be sealed. Both will allow the floor liquids to be exposed to stormwater.

3. The open bin at the end of the gutters presents an obstacle to a No Exposure Certification. In order

to qualify, SC Reg. 61-9.122.26(g)(2)(i) requires that all drums, barrels, tanks, or similar containers which are stored outside be tightly sealed.

Golden Dock Site 1. SC Reg. 61-9.122.26(g)(2)(i) requires that all drums, barrels, tanks, or similar containers which are stored outside be tightly sealed and must not leak.

2. There is evidence of staining on the concrete pad, as well near the large rolling door to the building. Staff is concerned that the slope of the building floor may allow discharge to the exterior of the building (either in this spot or the side facing Jenkins Creek). R.619.122.26(g)(4)(iii)(J) requires the operator to certify there will be no discharge or disposal of process wastewater.

3. The gas canister shown below must not be stored outside. Similar argument as proposed above concerning sealed conatiners. In addition, only adequately maintained vehicles may be used in material handling (R.61-9.122.26(g)(2)(ii)