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HomeMy WebLinkAboutNCG020774_COMPLETE FILE - HISTORICAL_20130227 (2)STORMWATER DIVISION CODING SHEET RESCISSIONS I PERMIT NO. I I DOC TYPE DATE OF RESCISSION NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. ,Joan Skvarla, 111 Governor Director Secretary February 27, 2013 f John Francis I John E Francis - fi 2013 I' I 249 Stanley Barnes Rd �' Pendleton, NC 27862 - Subject: Rescission of NPDES Stormwater-Perm it -- Certificate of Coverage Number NCG020774 John E Francis Northhampton County Dear Mr. Francis: On 2/27/2013, the Division of Water Quality received your request to rescind your coverage under Certificate of Coverage Number NCG020774. In accordance with your request, Certificate of Coverage Number NCG020774 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without valid coverage under an NPDES permit is against federal and state laws and could result in fines. If something changes and your facility would again require stormwater or wastewater discharge permit coverage, you should notify this office immediately. We will be happy to assist you in assuring the proper permit coverage. If the facility is in the process of being sold, you will be performing a public service if you would inform the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Boyd DeVane at 919 807-6373, or the Water Quality staff in our Raleigh Regional Office at 919-791-4200. Sincerely, for Charles Wakild, P.E., Director cc: Raleigh Regional Office Stormwater Permitting Unit DWQ Central Files - w/attachments Fran McPherson, DWQ Budget Office - please waive applicable fees Wetlands and Stortnwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St Ralegh, North Carolina 27604 Phone: 9 19-807-6300 1 FAX: 919M7-6494 Internet: www ncwaterquality.org An Equal Opportunity I A1fKmatree Action Employer NonrthCarolina Naturall# NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. John E. Francis Jr. Francis Sand and Gravel, Inc. 249 Stanley Barnes Road Pendleton, NC 27862 Dear Mr. Francis: Coleen H. Sullins _.—•—; - - , r'Dee Freeman Director [-1 {i^� I �`� Secretary March 23, 2012 ;.' ! 9 2u12 �-- Subject: General Permit No. NCG020000 Francis Sand and Gravel, Inc. COC NCG020774 Pendleton, North Carolina Northhampton County In accordance with your application for a discharge permit received on November 22, 2010, we are forwarding herewith the subject certificate ofcoverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. A requirement of this.permit is compliance with the Division of Land Resources'_[MR) Mining Permit; therefore, you must hold an updated, approved DLIZ permit before any mining industrial activities take place. You have stated that you will not be discharging wastewater. Please note that any discharges from the pit would constitute a wastewater discharge and modification of your permit would be required. Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage for this type of mining operation. Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this permit. You have stated that you will not be dewatering from mine pits. Please be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Part III, Section E✓ of your permit. If your facility dewaters, you must have an approved Operation and Monitoring Plan before mine dewatering discharges occur at your facility. Discharging Wellands and Stonnwaler Branch One 1617 Mail Service Center, Raleigh, North Carolina 27899-1617 NorthCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 9IM07-63001 FAX: 91H07-64941 Customer Service 1-877-623-6748 Aahmall.9 Internet: www.ncwaterquali�.org An Equal Opportunlly 1 Affirmative Aciion Employer Mr. John E. Francis, Jr. {` Francis Sand and Gravel, Inc. — NC6020774 March 23, 2012 mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be submitted to the Raleigh Regional Office within 60 days of your receipt of this permit. Contact Lauren Witherspoon at the Raleigh Regional Office at (919)791-4200 for more information about the approval process. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required, If you have any questions concerning this permit, please contact Jennifer Jones at telephone number (9-19) 807-6379. ORIGW616ED B) KEN PICKLE for Charles Wakild cc: Raleigh Regional Office, Lauren Witherspoon Ashley Rogers, Division of Land Quality, Mining Program Central Files Stormwater Permitting Unit Files STATE OF NORTH CAROLINA,_-_� DEPARTMENT OF ENVIRONMENT AND NATURAL RESOUfWES' r DIVISION OF WATER QUALITY GENERAL. PERMIT NO. NCG020000 9 �; r CERTIFICATE OF COVERAGE No. NCG020774 �_ �•--1 STORMWATER DISCHARGES --- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Francis Sand and Gravel, Inc. is hereby authorized to discharge stormwater from a facility located at: Francis Sand and Gravel, Inc. 249 Stanley Barnes Road Parcel No. 0303229, Intersecting SR 1354 Pendleton Northampton County to receiving; waters designated as the Meherrin River, a class C, NSW water in the Chowan River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, III, IV, V, and VI of'General Permit No. NCG020000 as attached. This certificate of coverage shall become effective March 23, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 23, 2012. ORIGINAL SIGNED B) KEN PICKLE for Charles Wakild, Director Division of Water Quality By the Authority of the Environmental Management Commission r. L NCG020774 0 Map Scale 1:29,612 v 4'* ir �Z Y Dr -to K�, V1, John E. Francis Jr. Francis Sand and Gravel Pendleton, NC Latitude: 360 30' 56" N Longitude: 770 06' 25" W County: Northhampton Receiving Stream: Meherrin River Stream Class: C, NSW Sub -basin: 03-01-02 (Chowan River Basin) Facility Location Parnell, David From: Devane, Boyd Sent: Friday, February 08, 2013 10:31 AM To: Parnell, David Subject: Francis mine in Northhampton Co. I talked to Peggy Francis today about the mine permitted by NCG 020774. The letter asking for a report was from DEMLR so I told Ms. Francis to contact them. I also asked if she wanted the stormwater permit rescinded. She said she did because they were out of business and had removed their equipment. I accepted her verbal request as a "Request for Rescission." I understand that you will visit the site. After I hear from you, I will prepare an official letter of rescission. Let me know if I need to do anything else. Thanks Boyd Devane NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 919-807-6373 Fax: (919) 807-6494 NEW Website: httg://oortal.ncdenr.or/web/wg(ws/su_ Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. e Permit: NCG020774 SOC: County: Northampton Region: Raleigh Compliance Inspection Report Effective: 03/23/12 Expiration: 12/31/14 Owner: John E Francis Effective: Expiration: Facility: Francis Sand & Gravel 249 Stanley Barnes Rd Contact Person: John E Francis Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 02/1112013 Primary Inspector: David R Parnell Secondary Inspector(s): Title: Owner Certification Pendleton NC 27862 Phone: Entry Time: 01:00 PM Exit Time: 02:15 PM Phone: Phone: 919-791-4260 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: Storm water (See attachment summary) e J�L i Page: 1 Permit: NCG020774 Owner - Facility: John E Francis Inspection Date: 02/11/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Met Mr John E Francis, Jr at his house to conduct a CEI. He has leased the site for the last few years to another sand company and paid the permit fees. The site does not have any equipment on site and the facility is not in operation. Mr. Francis asked if he could not open the sand washing facility and just sell sand, but this would still be a mine - so not possilble. Mr Francis decided to forego any mining and asks that the permit be rescinded. I told him that he would have to have the permit re -instated if he began to sell sand (includes DLR). He continues to want to have the permit rescinded. DRP Page: 2 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 9, 2010 Mr. John E. Francis Jr. Francis Sand and Gravel, Inc. 249 Stanley Barnes Road Pendleton, NC 27862 Subject: General Permit No. NCG020000 Francis Sand and Gravel, Inc. Francis Sand and Gravel COC NCG020774 Northhampton County Dear Mr. Francis: Dee Freeman Secretary The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Francis Sand and Gravel on June 18, 2010, Your application is deficient in several key areas. In order for us to process the permit we must have this additional information. Please address the following points and submit the required information by August 13, 2010. If you are unable to return the following information by that time, please contact the Division in writing for an extension. 1) Please be aware that if your project is located near wetlands, your NPDES permit will require dewatering operations without wetland impacts The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http://portal.ncdenr.org/web/wq/ws/su/npdessw. See Part III, Section E of the permit. An approved Operation and Monitoring Plan is required for NPDES-permitted mining facilities. Because your mine is dewatering groundwater and because of the proximity of wetlands to your site, approval of 0&M Plan for your mine will be required prior to germitiss«arzce. Discharging mine dewatering wastewater without Plan approval will be subject to enfor-celnent action. A Plan for your facility must be submitted to the Raleigh Regional Office. Please contact Lauren Witherspoon at the Raleigh Regional Office at (919) 791-4200 in order to ensure a successful NPDES application & 0&M Plan review. Please refer to the 0&M Checklist at the end of the Notice of Intent (NOI) and contact Ms. Witherspoon for guidance on 0&M Plan submission requirements. 2) As part of your O&M Plan requirements please obtain a Jurisdictional Determination from the United States Army Corps of Engineers. Please submit this information with your 0&M Plan. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807.64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Mr. John E. Francis, Jr. Francis Sand and Gravel, Inc. — NCG020774 July 9, 2010 3) You have not completed a 2010 N01 (our application form). I have enclosed the most current copy of the form. Please fill it out entirely and resubmit a signed copy. You may also download it from our website: http:/Zportal.ncdenr.org/webZwq/ws/­sulnpdessw. Please note the following specifically in regards to the NOI: a. The owner of your facility is listed as "John E. Francis, Jr.". On the Division of Land Resources' (DLR) Mining Permit, the owner of the same facility is listed as "Francis Sand and Gravel, Inc." Our permit must be submitted to the same permit holder as the DLR permit. Please correct this on your next submission. b. Please indicate the number of discharge points for mine dewatering and process wastewater (#18 on the NOI). 4) Please submit a copy of full-scale plans of your current and future mining process to the DWQ Central Office (address below) showing topographical lines and delineated wetlands within 400' of the mine pit. These are in addition to the full-scale plans you will submit as part of your 0&M plan to the Raleigh Regional Office. S) Please attach a sheet describing in greater detail how mine dewatering discharges will occur. Specifically address the following points: a. Describe in greater detail how mine dewatering discharges will occur. b. Reference the process and discharge points on the full-scale map of the current and future mine process. c. In your 2005/2006 Division of Land Resources Mining Permit application you state that mine dewatering will "occasionally be pumped out, passing through a basin and rock dam to remove any sediment. The size of this basin is based on the volume of water pumped. This basin will be constructed prior to any discharge". However in your letter dated June 16, 2010 to Ms. Witherspoon you state that the "mining area will discharge water through the grassed buffer (field area). This will be done on an as needed basis and has no potential for sedimentation of the adjacent swamp run". Please resolve these two discrepancies in your next submission and the 0&M. Additionally, address this- discrepancyin written correspondence with the DLR; carbon copy the Division of Water Quality on this correspondence. Address this in your next submission. d. Please note that a condition of our mining permit is that "Engineered erosion and sedimentation control (E&SC) structures that sufficient]ytreat mine dewatering wastewater so that permit effluent limits are met and water quality is protected, do notrequire an Authorization to Construct (AtC) and may operate in accordance with Part II, Sections A and B. Any additional treatment devices (other than erosion and sediment control structures) needed 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623.6748 NorthCarolina Internet: www.ncwaterquality.org An Equal Opportunity l A}fumative Action Employer aturallY Mr. John E. Francis. Jr. Francis Sand and Gravel. Inc. — NCG020774 July 9, 20I0 to meet permit limits and condition rye subject to Authorization to Construct (AtQ " Please note that if Francis' dewatering discharge does not meet permit limits, the Division may require an AtC as a permit condition. Address this in your next submission. e. You have indicated on your 2005/2006 DLR Mining Permit that your estimated withdrawal rate of your pump is 12,000 gal/day, Submit the specifications of your current pump used for dewatering your pit. 6) In your letter dated June 16, 2010 to Ms. Witherspoon you indicate that discharge from the wash pit will be directed to a borrow pit from the construction of the chicken houses. However you state in your DLR Mining Permit application from 2005/2006 that you will notbe washing mined material. Please resolve this discrepancy and address any changes with the Division ofLand Resources Please cc the DWQ on any correspondence. Address this in your next submission. 7) You have indicated in your application that your wastewater treatment system for your wash water is not a closed -loop recycle system. Please see Part 111, Section E. 2) A. of the permit describing process wastewater non -closed loop recycle systems. These systems require an Authorization to Coal (AtQ. a. Please seethe checklist at the end of the N01 for requirements for submitting an AtC (three sets of full-scale plans, specification, and design calculations, signed, sealed and dated by a Professional Engineer (P.E.). Please submit. b. Please also attach a narrative sheet describing in greater detail mined material processing, washing. Reference the process and discharge points on the full-scale map of the current and future mine process. c. See Part II, Sections A and B of the General Permit for more information. 8) It appears from the differences in between your 2005 DLR Mining Permit application and your current DWQ General Mining Permit application that your mining process has changed and therefore your DLR Mining Permit may need to be modified. Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an associated mining permit from DLR. Please note that our office will process your stormwater permit application once a DLR mining permit has been issued for your project. Please copy the DWQ on correspondence with the DLR and notify DWQ when your mining permit modification has been approved. If a modification of our DLR mining permit is not required, please provide written verification from DLR. Notify DWQ if/when your mining permit modification has been completed so we may process your DWQ mining permit application. 1517 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 One Phone: 919.807.6300 V FAX 91M07-64921 Customer Service: 1-877.623-6748 NofthCarolina Internet, www,ncwaterquality.org Equal ��}�tl�r� //y An Opportunity 1 Affirmative Action Employer v �/ K ` " Mr. John E. Francis, Jr. Francis Sand and Gravel, Inc. — NCG020774 July 9. 2010 If you have any questions concerning the NPDES permit approval process, please contact me at telephone number (919) 807-6379. Sincerely, Jennifer Jones Environmental Engineer cc: Raleigh Regional Office, Lauren Witherspoon Division of Land Resources, Judy Wehner Central Files Stormwater Permitting Unit Files 1617 Mai[ Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 91M07-63001 FAX:919-807-64921 Customer Service 1-877-623-6748 NorthCuolina Internet, www.ncwaterquality.org �atura!!� An Equal Opportunity 4 Affirmative Action Employer �r 1 ENR North Carolina Department of Environment and.N_atura{_Resources Beverly Eaves Perdue _ Division of Water Quality�� (rf q�i Coleen H. Sullins 1 1 Dee Freeman Governor Directorij Secretary F�, '16 J iZ 0 July 9, 2010 Mr. John E. Francis Jr. r---*-,- - Francis Sand and Gravel, Inc. -- ------------ 249 Stanley Barnes Road Pendleton, NC 27862 Subject: General Permit No. NCG020000 Francis Sand and Gravel, Inc. Francis Sand and Gravel COC NCG020774 Northhampton County Dear Mr. Francis: The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Francis Sand and Gravel on June 18, 2010. Your application is deficient in several key areas. In'or&r for us to process the permit we must have this `:-ional in ,,rmation. Please add,_-ess.the following points and submit the required information by August 13, 2010. if you are unable to. return the following information by that time, please contact the Division in writing for an extension. 1) Please be aware that if your project is located near wetlands, your NPDES permit will require dewatering operations without wetland impacts The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http-//portal.ncdenr.org/web/wq/ws/su/npdessw. See Part II1, Section E of the permit. An approved Operation and Monitoring Plan is required for NPDES-permitted mining facilities. Because your mine is dewatering groundwater and because of the proximity of wetlands to your site, approval of 0&M Plan for your mine will�e required prior to permit iysuance. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. A Plan for your facility must be submitted to the Raleigh Regional Office. Please contact Lauren Witherspoon at the Raleigh Regional Office at (919) 791-4.200 in order to ensure a successful NPDES application & 0&M Plan review. Please refer to the 0&M Checklist at the end of the Notice of Intent (NOI) and contact Ms. Witherspoon for guidance on 0&M Plan submission requirements. 2) As part of your 0&M Plan requirements please obtain a Jurisdictional Determination from the United States Army Corps of Engineers. Please submit this information with your 0&M Plan. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919.807-64921 Customer Service: 1-877-623-6748 North Carol i mi Internet: www.ncwaterquality org �1� I�_ An Equal Opportunity 1 Affirmative Action Employer AlatLr` y Mr. John E. Francis, Jr. Francis Sand and Gravel, Inc.—NCG020774 July 9, 2010 3) You have not completed a 2010'NO 1 (our application form). I have enclosed the most current copy of the form. Please fill it out entirely and resubmit a signed copy. You may also download it from our website: http: f�portal.ncdenr.org jweb /wq/ws/sLt/npdessw. Please note the following specifically in regards to the NO1: The owner of your facility is listed as "John E. Francis, Jr.". On the Division of Land Resources' (DLR) Mining Permit, the owner of the same facility is listed as "Francis Sand and Gravel, Inc." Our permit must be submitted to the same permit holder as the DLR permit. Please correct this on yom-•next submission. b. Please indicate the number of discharge points for mine dewatering and process wastewater (#18 on the NOI). 4) Please submit a copy of full-scale plans of your current and future mining process to the DWQ Central Office (address below) showing topographical lines and delineated wetlands within 400' of the mine pit. These are in addition to the full-scale plans you will submit as part of your 0&M plan to the Raleigh Regional Office. 5) Please attach a sheet describing in greater detail how mine dewatering discharges will occur. 'Specifically address the following points: a. Describe in greater detail how mine dewatering discharges will occur. b. Reference the process and discharge points on the full-scale map of the current and future mine process. 1. c. In your 2005/2006 Division of Land Resources Mining Permit application you state that mine dewatering will "occasionally be pumped out, passing through a basin and rock dam to remove any sediment. The size of this basin is based on the volume of water pumped. This basin will be constructed prior to any discharge". However in your letter dated June 16, 2010 to Ms. Witherspoon you state that the "mining area will discharge water through the grassed buffer (field area). This will be done on an as needed basis and has no potential for sedimentation of the adjacent swamp run". Please resolve these two discrepancies in your -next submNslon and the 0&M. Additionally, address this discrepancy in written correspondence with the DLR; carbon copy the Division of Water Quality on this correspondence. Address this in your next submission. d. ' Please note that a condition of our mining permit is that "Engineered erosion and sedimentation control (E&SC) structures that sufficiently treat mine dewatering wastewater so that permit effluent limits are met and water quality is protected, do notrequire an Authorization to Construct (AtC) and may operate in accordance with Part 11, Sections A and B. Any additional treatment devices (other than erosion and sediment control structures) needed 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 0lle. Phone: 919-807-63001 FAX: 919-807-6492 L Customer Senriee: 1-877-623-6748 N Qrth C arolin a Internet: www.nc"terquality.org An Equal Opportunity %AffumativeAcbonEmployer ati je 'illy Mr. John E. Francis, Jr. Francis Sand and Gravel, .Inc. — NCG020774 July 9, 2010 to meet permit limits -and conditions are subject to Authorization to Construct (AtC) requirement." Please note that if Francis' dewatering discharge does not meet permit limits, the Division may require an AtC as a permit condition. Address this in your next submission. e. You have indicated on your 2005/2006 DLR Mining Permit that your estimated withdrawal rate of your pump is 12,000 gal/day. Submit the specifications of your current pump used for dewatering your pit. 6) In your letter dated June 16, 2010 to Ms. Witherspoon you indicate that dischai ,,:- from the wash pit will be directed to a borrow pit from the construction of the chicken houses. However you state in your DLR Mining Permit application from 2005/2006 that you will notbe washing ,mined material. Please resolve this discrepancy and address any changes with the Division ofLar a Resources Please cc the DWQ on any correspondence. Address this in your next submission. 7) You have indicated in your application that your wastewater treatment system for your wash water is not a closed -loop recycle system. Please see Part I11, Section E. 2) A. of the permit describing process wastewater non -closed loop recycle systems. These systems require an Authorization to Construct (AtQ. a. Please seethe checklist at the end of the N01 for requirements for submitting an AtC (three sets of full-scale plans, specification, and design calculations, signed, sealed and dated by a Professional Engineer (P.E.). Please submit. Please also attach a narrative sheet describing in greater detail mined material processing, washing. Reference the process and discharge points on the full-scale mar► of the current and future mine process. c. See Part 11, Sections A and B of the General Permit for more information. 8) It appears from the differences in between your 2005 DLR Mining Permit application and your current DWQ General Mining Permit application that your mining process has changed and therefore your DLR Mining Permit may need to be modified. Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an associated mining permit from DLR, Please note that our office will process your stormwater permit application once a DLR mining permit has been issued for your project. Please copy the DWQ on correspondence with the DLR and notify DWQ when your mining permit modification has been approved. If a modification of our DLR mining permit is not required, please provide written verification from DLR. Notify DWQ if/when your mining permit modification has been completed so we may process your DWQ mining permit application. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 91M7-M r FAX: 919-807.64921 Customer Service: 1.877-623-6748 North Carol l n 1 Internet: www.ncwatefgvality.org j/j�%j / An Equal Opportunity 4 Affirmative Action Employer `/ /j tm r `l`y Mr. John C. Francis, Jr. - Francis Sand and Gravel, Inc. — NCG020774 ` l July 9, 2010 If you have any questions concerning the N PDES permit approval process, please contact me at telephone number (919) 807-6379. Sincerely, Jennifer Jones Environmental Engineer cc.- Raleigh Regional Office, Lauren Witherspoon Division of Land Resources, Judy Wehner Central Files Stormwater Permitting Unit Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919.607-64921 Customer serVice:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employe: O11e NorthCarolina . A AM VA ARM AnKro ALVM A11130b - A moMON109MMOM P F 'rMC 1^r�+n�+«rvT •wr wnnw 4Ma,�:ru NQ= OF LNIENI Division of Water Quality 1 Surface Water Protection National Pollutant Discharge Elimir ation System NCG020000 FOR AC}A ANC Y USE ONLY 1 IF, KetCi%rA l Of National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with actfvltles classl tied as - Anwugf SIC (Standard Industrial Classification) Code • 14XX Mineral N ining ndustry (except as specified below The following activities are also IngIMM20: Gr, • Active or inactive mining operations (including borrow pits—a;:cept for NCDOT borrow pits) that t stormwater contaminated with or that has come in contact wit i, any overburden, raw material, int products, finished products, byproducts or waste products ioe ited on the site of such operations; • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; and/or • Mine dewa#ering (wastewater) The following activities are specifically excluded from coveraf le under this General Permit: • Stormwater discharges associated with peat mining, coal min ng, and metal mining; • Stormwater discharges from mining operations which are inte•mixed on site with stormwater from operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 diate �- s if C%1 The following discharges are coveLe&bx NPDE$ 92i3raft perrrtlt NC22M Instead of NCG020000: • Point source discharges of stormwater and wastewater from i i-strewn sand mining operations (i.e., sand dredging or dipping operations) For BY mining sites that require an authorization to construa (AT+,) wastewater treatment facilities: This NOl is also an APPLICATION FOR an ATC for new wastewater treatment faculties. ATC requests must be submitted at least 90 days prior to construction`. For exlstlna mining sues that require an Authorization to Operate (ATO) wastewater treatment facliftles: This NOI Is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Cgrrstrucflon. modlticatlon, or Instettatton of any new rreatme n,nAOr eJlts a an existingsf requires an ATC. (if the site is already covered by NCGO200W, the ATG regLiest may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle process wastewater (even if commingled with stomiwater) at mining sites will require an ATC prior to construction per 15A NC.AC 2H .0138. Please see the NCG0204M General Permit for details about which treatment facilities require an ATC (!summarized in Table 1 at the end of this form). Fcr example, an ATC is required for treatment of mine dewatering discharge from clay pits and non -closed- foop wastetater recycle systems. The authorization to construct or continue to operate will be issuf-d at the same time as the Certificate of Coverage (COC:) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & ,0139. Page f of 7 'As per 15A NCAC 2H .0106 Unless treatment facilities are des}gned, constructed. and put Into operation by a nployeos internal to the company who are qualified to perform such worm for their respective companies in accordance with General Ste utes, 83C-25 (7), plans and specifications must be signed and seated by a P.E. SWU-217.071408 Last revised 7114108 NCG020000 N.O.I. Construction of wastewater treatment facilities subject to the .ATC/ATO requirements In the NCG02 permit^ at new or existing mining sites requires submission of three (,;) seta, of plans and specificatlons signed and sealed by a Professional Engineer (P.E.) or qualified staff' along with this application. A copy of the design calculations should be Included. Please see questions 18 & 19. f Table 1. Wastewater Permit ATC/A'rO Requirements Mine Dewatering Yes No Quarries -- • Sand Pits �— - — s Clay Pits Any Dewatering with Chemical Treatment a -.- Process Wastewafr-r Sand/Gravel �— Closed -Loop Recycle Other Recycle -- �— --- a b For questions, please contact the DWO Regional -� lce for your area. (See page T) (Please print or typ e) 1) Mailing address of owner/operator (agdmpwhich gil wrmlt garrepgnd@s►ce will be mailed): Name 71 h N FOR A Nc , S JL_ Street Address — VI S ♦ Anl lji4 A g! 8 f' a ,_,o_pjd City 'J C State.- wC �- ZIP Code _2 1 S 6 -2— Telephone No. _ -ax: -- — _ E-mail Address 2) Location of facility producing discharge: Facility Name Fnokeci s 5Ar8 Any ___Qaau p I Facility Contact 3b in,.l .—E_ -&Aec Ll SR Street Address _��E9 S+-AJlct Le;;�A�A City NE k-aN 31ate. fyz ZIP Code i S 4,, County _ jl,�c:� �R4Gej -- Telephone No. _ Fax: Contact E-mail 3) Physical Location Information: Please provide a narrative description of how to get to the faci ity (use street names, state road numbers, and distance and direction from a roadway intersection).�234-Aa jc ., g ,J�Rigj a) Latitude 3(0. 515 5 4 t✓ Longitude -13. 19 law (degrees, minutes, seconds) 5) This NPDES Permit NOI Application applies to which of ttie foilawing: 13 New or Proposed Facility R Existing Dale operation is to begin_ ? o ate_ _ New Permit not applicable - ATC request only. NPDES F ermit Number Page 2 of 7 swll-2 1, 7.0714N Last review 7114108 NCG020000 N.Q.I. 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: �_ Lf- jam' - a_ 7) Provide a narrative description of the types of minerals mt ned a,i this facility: _S A � f' —GO?-A "c 8) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convoy discharges from the property): Stormwater:_____ Mine dewatering: Proca>s Wastewater Overflow:_ _ Discharge points should be clearly marked on the subrnitf ed site plan. Please provide snort narrative description of discharges: Z + m�jj A_ __ r r� �� �� 5 u RPk,- S 4: per, Q C s h W -Fu 1' F �_ _.1,3Z_11 bE- ARAs3 To& 5} c,& v+ w A 4-Fe DE vA ferz-'N-0 n I 4 c aS ri 2A - i d F A SIjj tt fFF_ .t a l a E�17irA RR�FiA�.� 9) Receiving waters: What is the name of the body or bodies of water (creek, strear+, rivet', lake, etc,) that the facility Stormwater and/or wastewater discharges end up in? ._ _ �'1 f- t+ ERp y. �J $L,�A W A-T RR 5 j [� If the site stormwater discharges to a separate storm sewer sy stem, name the operator of the separate Storm sewer system (e.g. City of Raleigh municipal storm sewer). _ A Receiving water classification (if known): C I A 5 S Nate: Discharge of process wastewater to receiving waters ciussifled as WS41 to WS•V or SA must i be approved by the N.C. Dept. of Environmental Health. It DEFT does not approve, coverage under NCG020000 cannot be granted. No -new dls,:hargos of process wastewater are permitted In receiving waters classified as WS-I or freshwater ORW, 10) Will mining operations require dewatering near wetlands or Impact any stream, groundwater, or wetlands? ❑ No CA Yes 4 yes. please provide information about any 404/4)1 Certification permits. Note: Wetlands must be CLEARLY DELINEATED on the site plain. Mine dewatering activities that have the potential to drain wetlands or otherwise impact sup €ace water or groundwater MUST develop and Implement an Operation and Monitoring (O&M) Plon that has been approved by the Division. The O&M Plan should be submitted to the Regional C,fice and muss be approved prig;• to operation. The plan shall include, but is not limited to: (t) Grounc water monitoring strategies to demonstrate the effect of pumping and to establish any pumping regim 3 necossary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. 11) Does this facility already have a valid Mining Permit from ft Division of Land Resources (DLR)? d No (if not, please indicate the status of the Mining Permit itppli ibom X Yes If yes, please provide the Mining Permit number and include a copy with your application: Note: DWO cannot Issue a COC for the NCGO200 0 Genet al Permit urrNl a Mining Permit is Issued or y f land Resources (OL R). renewed b the 171vlslan a -- Page 3 of 7 SWU-217-�71408 Last revisal 7i14,08 NCG020000 N.O.I. 12) Will this mining operatlon precede development activities st this site? 5(No ❑ Yes 13) Does this facility have any other NPDES permits? O'No ❑ Yes It yes, list the permit numbers for all current NPDES permits to • this facility: 14) Does this facility have any Non-01scharge permits (ex: recycle permits)? 9 No ❑ Yes If yes, list the permit numbers for all current Non -Discharge pe ,mits for this facility: 15) Does this facility employ any best management practices or stormwater control? ❑ No R Yes If yes, please brielly describe: c —5 -$ of 61 .5+ail; nt _ buffFR ARP_n5 16) Does this facility have a Stormwater Pollution Prevention ?Ian? D(No ❑ Yes If yes, when was it implemented? 17) Will vehicle maintenance activities occur at this factitty? 15YNo ❑ Yes Wastewater Treatment Faculties: 18) Will mine dewatering discharges occur? (AMATO requir id for clay pits or dewatering with chem. treatment) No Yes 19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless %and/gravel mining or closed -loop recycle system; A No ❑ Yes If yes, answer the following questions on the wastewater treatment system; a. Please describe the type of process used to treat and/oi, recycle the process wastewater. Give design specifics (Le, design volume, retention tim a, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)) b. Does this facility employ chemical additives to Ilocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and tie quantity of average daily usage of the chemical additive Dote: Please see bttD:ht2o.enr-Mate.nc.us/ws/PAM_S list._htm for a !ist of approved polyacrytamide (DAMS) products for use in North Carolina. Page 4 of 7 SWU-217-07140E last revised 7114108 NCG020000 N.O.I. C. hoes this facility overflow only during rainfall event a exceeding the I0-yr, 24-hr rainfall event? 0 No ❑ Yes 20) Are wastewater treatment facilities (including recycle systr tms) planned In the 100-year flood plain? Dd No ❑ Yes If so, include information to demonstrate pro ectlor from flooding. (Minimum design requirements for treatment works include protection from the 1 )0-year flood, per 15A NCAC 2H ,0219.) 21) Hazardous Waste: a) Is this facilitya Hazardous Waste Treatment, Storage, or C isposal Facility? No 0 Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of 1azardous waste generated per month) of hazardous waste? tX No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or mor. ) of hazardous waste generated per month) of hazardous waste? $(No C Yes d) If you answered yes to questions b, or c„ piease provide it a follcwing information: Tyne(s) of waste: _ Flow is material stored: Where is material stored:__ Flow many disposal shipments per year: Name of transport i disposal vendor: _ Vendor address: 22) Certification: North Carolina General Statute 143-215.6 b 11) provides that. Any person who knowingly makes any false statement, representations, or certlflcal ion in aiy application. recora, report, plan, or other document filed or required to be maintained under this Article or a rule implementh ig this lkrticle: or who knowingly makes a false statement of a material tact in a Vemaking proceeding or contested case under it Is Art)ce; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to oe of erated ]r maintained under this Article or rules of the [Environmental Management) Commission implementing this Article shall be gul ty of a Class 2 misdemeanor which may include a tine not to exceed ten thousand dollars %$10,000), I hereby request coverage under the referenced General Perry it. I u.iderstand that coverage under this permit will constitute the permit requirements for the discharge(s) anc is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under tt is General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request, 2, 1 agree to riot discharge any sanitary wastewater from this mining activity except under the provisions of another NPDE S permit specifically issuec there lore. 3. 1 agree that bulk storage of petroleum products and otr er ch(imicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will to disposed of in accords ice vAth N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heimy equipment will be performed so as to not result in contamination of the surface or ground wa lers. Page 5 of 7 SWU-217-071408 Last revised 7114iO8 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recogniz 3 that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am familiar with the information contained in this application and that to the hest of my knowledge and belief such information is true, complete, and a :curate. Printed Nam of Person Signing- 'r4-") Title: (Signature of Applicant) (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCOENR, FInat Chggkifst This application will be returned as incomplete unless all of tt a following Items have been included: B' Check for $100 made payable to NCDENR V This completed application and all supporting documents ❑ Copy of the valid approved raining permit (MP) for the faciH4 or indication of MP application status ❑ Copy of a county map or other general location map that she ws the mining site and nearest major roads ❑ Copy of USGS topographic map showing the mining site An4I surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, �.nd other waters, etc. ❑ Copy of mining site plan with all wetlands clearly delineated ❑ If the mine is near wetlands, or may otherwise impact surfac3 water or groundwater, contact the regional office about an O&M Plan (contact information on the next page), Please refer to this O&M Plan checklist: ✓ Site map with wetlands, ditches, well -placements, borrow arias, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads. ✓ Well information (design, depths. maintenance) ✓ Physical monitoring for the wetlands areas ✓ Settling pond sizing information, if applicable ✓ Level spreader design, if applicable ✓ Details about dewatering method ✓ Description of measures to prevent erosion and flooding ❑ It an ATC or ATO is required, three (3) sets of plans, specifl,:ation% and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements H NCG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). PI; tns shall show all pertinent design features, including the location of the outtall(s). If stormwater is flowing off -:site. the plan must show that stormwa ter will not be mixed with wastewater. Mail the entire package to: Siormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 212 The submission of this document does not guarai itee the Issuance of as NPDES permit. Page 6 0# 7 SWU-217-071409 (::Lasiev, 7114:JM NCG020000 N.O.I. For Questions, please contact the DWQ Re 71onaf Office for your area. DWO Renignal Office Conjpct Information: Asheville Office ...... (828} 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... 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Name of,Mine Francis Sand and Gravel Mine County Northampton _ Basin,Neuse Latitude (dd.mm.ss) ,,.' 36-22.29 N Longitude (dd.mm.ss) 77-06.30 W E 2-. +t. -Name of .applicant* s Sand and Gravel 3, ,Permanent address for receipt of official nail** 249 Stanley Barnes Rd Telephone 252-585-1078 4. Mine Office Addtess 5. Mine. Manager Pendleton, NC'27862 Telephone :iii- V.--, We hereby: certify;that all;details,contained in this -Permit Application are true and correct to the best of our .oil; knowledge:;1Wei fully "understand that. any rwillful: misrepresentation of facts will be cause for permit revocation. Date / _ - D Title it I .:This will beithe. name ithat;the, 'rriining;permit ovill�be issued to and the name that must be indicated on the reclamation bond (security] that corresponds to this site. C:tt' I 1,The&and Quality. Sectibrrmust. -be Ootifiedioflany changes in the permanent address or telephone number. * * * Signature of company officer required. G;S. •7.4-51+provides thatthe .Department -shall .grant or deny an application for a permit within 60 days of receipt of a.coinplete application orjf a public hearing is -held, 'within 30 days following the hearing and the filing of any '-supplemental information required by the Department. • All questions must be addressed and all required maps provided before this'application can be considered Complete. Attach additional sheets as needed. -1- APPLICATION FOR A MINING PERIVIIT NOTE:, All of..the following ,questions.muO.be thoroughly answered with regards to your mining It :. S operation for; the intended -life of :the mine: •=All: "responses must be clearly conveyed on a corresponding, detailed mine map. it. • , I - A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: ;I,. a., i.df,thisds an applicatiomfor a NEW permit, indicate the total acreage at the site to be covered by the is is €I'permit-(this is the acreage that "new permit" fee will be based upon): 60.6 Of this acreage, how.much.is.o,Amed and how much is ]eased? Acres owned: 60.6 Acres leased: Property owner if leased: .. , .. b. , , If this is an application for RENEWAL of a mining permit, indicate the mining permit number and , the total 1 (overall) acreage covered by: the 'existing permit: Mining Permit No, :- Total permitte'd,acreage 1 (this is the acreage that the "renewal" fee will be based upon): ! :If this is:an�application,for;aiMODIFJCATION to amining permit, indicate the mining permit number and the, total ,(overa] 1) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the, modification involve acreage within the previously approved permitted boundary? Nd it .If,yes,� indicate the! acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): !Does the modifications nvolve;acreage outside the previously approved permitted boundary? j; `. r ; ; ;, : Yes', No r _. ! . ; If yes, indicate the additional acreage to be covered by this modification: :E: --wi i'(NOT>r:�!you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). c 1 r+1 ; % 1::; i , -ti Of this laereage -to be added;to the,permit, will any portion of this acreage be affected (disturbed, ground cover removed) by th'e Honing operation? Yes No (if no, a "minor ,mbdif'cation".fee_-of $50.00 is•i-equired, despite the "undisturbed" acreage to be added). If yes, indicate! the !acreage Ito Abe, affected within %the acreage to be added to the permit (the total acreage to be 'added4o"the p'e�mit is,the acreage, ihat the "major modification" fee will be based upon): dv.-; , If -this is.an,application for.TRANSFER of a mining permit, indicate the mining permit number and acreage covered by the existing permit: Mining Permit No,-. Total permitted acreage: is Tii.:!,SEETHE'FEE'SCHEDUL'E'AT THE END OF,THIS FORM FOR THE PROPER FEE AMOUNT TO "" . BE PAID FOR .THE -REQUESTED PERMIT-ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: sand 1; Mining method: Hydraulic Dredge - „ ; t Front-end Loader & Truck Shovel & Truck X Dragline &,'Truck Self -loading Scraper Other (explain) —2— APPLICATION FOR A MINING PERMIT A.. a. Expected. maximum depth,of mine (feet) 25' ;U: o� De*hFis relative 'tolwhdt bendhmark?-(e,g:,- natural ground level, mean sea level, road eleyatiofi,let6i)" 01k, natural (found level b. Expected average depth of mine (feet) 25' '-.5. Has any area(s) at this site been mined in the past? Yes No X If yes, when and by whom was this activity conducted? 6. Number, of years for whi&the permit is requested (10 years maximum): 10 h B. MAPS ild -L I Clearly mark and, label -the location, of your� mining operation on six (6) copies of a7.5 minute quadrangle —and a county. highway map. - -,These inaps,,,Iin, addition to six (6) copies of all mine maps and reclamation' o maps, must be submitted with each permit application. 6 E. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 4 . I - County highway maps may be obtained from: Location Department State Highway Commission - Raleigh, North Carolina 27602 (919) 733-7600 - 3 - APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES L:, Describe, in detail the;sequence"of events for -the: development and operation of the mine and reference the =sequence to the mine map(s). Attach additional sheets as needed. Tz: Mining will:begin in:the southern pit,-but.both pits will be mined simultaneously. A perimeter berm will be i-�: established to,prevent'any, offsite.'sedimentation: ; Minirig will extend outward from this initial pit. As mining I! .. :ti!^� reaches. the.ultimate:limits;,any areas above static water level will be sloped and seeded. � " • : � : t2.-, Describe specific 'erosion. control measures -to'. be installed prior to land disturbing activities and during ,. mining. to prevent offsite sedimentation: (include -specific plans for sediment and erosion control for mine excavation(s), waste piles, i access/mineroads'and process areas), and give a detailed sequence of installation and!schedule:for"maintenance of the measures. -Locate and label all sediment and erosion control measures minelmap(s) andprovide typical cross-sections/construction details of each measure. Engineering designs,arid calculations; shall be:required�when needed to justify the adequacy of any proposed measures. ,�i i.:,!A.perimeter berm,will be,estabiished,to prevent any offsite sedimentation. All stormwater and groundwater �, Twill ,be collected,within,the-mining ' ea:';�This� water will occasionally be pumped out, passing through a i :� , I .basin and ddri4o remove,any sediment: ;:The'size of this basinis based on the volume of water pumped. �This basin will be constructed prior to any discharge. ::� ;� = : i•.:' iz 1i a J, Will: the: operation, involve:washing,the material mined, recycling process water, or other waste water handling?;, Yeses Na : _,, X; : T If _yes; ,briefly describe all such processes including any chemicals to be used. ;�; �rl�,i• b:-Will the o�eration,involve discharging,ifresh or wastewater from the mine or plant as a point discharge =to thewaters, of. the State?{Yes r X.::.i r':No Ifyes, briefly describe the nature ofthe discharge r: •1: ;. -1:; ;and locate, all proposed discharge points (along with their method of stabilization) on your mine map(s). -6- APPLICATION FOR A'VHNING PERMIT :.1.;:")1W. •.: ;,c;�Is-Will any part of�theproposed mine excavation(s) extend below the water table? do you intend to dewater the excavation(s)? Yes X i , •., r • :No-: •; :,: ' .If yes, •what; irnpacti,if any, will mine dewatering have on neighboring wells? per day; 12,000 Locate all existing wells on the mine Estimated withdrawal rate,'in gallons =map(s),that lie %, Oithin:500.feet�of the,pproposed excavation area. Provide data to support any v = ; : . •= i = k, . conclusions •or statements • made, ,including any monitoring well data, well construction data and ,current water.withdrawal rates.- Indicate whether the proposed mine locale is served by a public water system or private wells, There are no public wells within 500 feet of the excavation. There is no public water system in this area. :. d. ,,If you 'ahswered :yes ,tc any ofithe abovequestions, provide evidence.that you have applied for or _; obtained the appfopriate water• quality. permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) • .from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water,use with the Division of Water Resources if the operation withdraws more than 1,00,000 gallons per; day -and heeds a capacity use permit from the Division of Water Resources if = the operation lies in a,capacity use area and withdraws more than 100,000 gallons per day. -I t)+i,,iii,:• 1',r ;;ApplicatioiiTwill-be made to Div. of.Water Quality for a General NPDES permit. ::I .! !_ r=,4::� 4 ;.a:t=Will the operation involve crushing or any other air contaminant emissions? . Jf yes,, indicate evidence that you have applied for or obtained an air ' :?! a: i quality�permit issued by the Division of Air Quality or local governing body. .;I;+I =a=:., !,r rb,.�hHour'will dust from stockpiles, haul roads, etc., be controlled? :�. r,, (:�.":,:II "'. Periodic water dust suppression as necessary. -7- APPLICATION FOR A MINING PERMIT fjs� 5: ;,,.,a. ,ti A,buffer:will be,required.between,a_ny;mining activity and any mining permit boundary or right-of- 'foiri. (or ;;.,.•:,:.;,1;•way.,,;It•may.be an_unexcavated buffer (no excavation, but roadways, berms and erosion & �, ;;. 1 , •:> i i, i; ; sedimentation control measures maybe; installed within it), an undisturbed buffer (no disturbance . :• ,; , •.,., , within the:buffer,whatsoever); or a combination of the two, depending upon the site conditions. Note ni; that all buffers must be located within the mining permit boundaries. How )&ide.a.buffer,will be; maintained. between any mining activity and any mining permit boundary or right�of way dt this site?; A minimurii;buffer of 25 feet is recommended, although a wider buffer ,,maybe needed depending• on site.conditions. Show all buffer locations and widths on the mine map(s). 'I i ':: im;�i A minimum undisturbed buffer. of 25 ,feet•will be maintainedbetween any mining activity and permit boundaries b.,,:.A minimum, 50,foot,wide,undisturbed buffer will be required between any land disturbing activities within. -the mining permit: boundaries• and any natural watercourses and wetlands unless smaller cundisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. „�;i -•_ I ;,,;:;; ,,,..,,How wide. ant undisturbed;buffer.will: be: maintained'between any land disturbing activities within mining permit boundaries and any' natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). I i „415,;; , ,� ;:•,; ;:i;; 1; Wetlands have, been, delineated and shown on the site plan. A minimum buffer of 50 feet will be swo ;,,rmaintained between any land disturbing activity and any natural watercourses or wetlands. ;.irr.:6.i±.sE.a.ei60escribe;methods: to, preventlandslide;or,slope instability adjacent to adjoining permit boundaries during ,mining•;' Minimum 2, ,,horizontal_;to 1 vertical slopes or flatter for clayey material and .z' ;.:.; _•.:, t 4 6tt .: ;,.!minimum •3 horizontal t4,1;vertical: slopes, or flatter for sandy material are generally required, unless justification can be provided to allow steeper slopes. :..;:l ;: A.minirnum of,3:.I�,slope will;be!inaintained above static water level adjacent to mining limits. -8- APPLICATION FOR A MINING PERMIT A.T:f,!�"1 Provide.a cross-section on the minemap(s) for all fill slopes (berms, wastepiles, overburden disposal ;', areas,, etc.),,.clearly indicating, the., intended side slope gradient, installation of any benches and/or ;,',,,•: :: ;; ;, ;1 -.,.Slope drains (with supporting design -information) if needed, and the method of final stabilization. In excavatlon(s) of unconsolidated i(non-rock) materials, specify the angle of all cut slopes including specificationstfor benching and.sloping.�=.Cross-sections for all cut slopes must be provided on the mine map(s). i4 Rini: �,: ; . • : + : A, minimum of a -3:1 slope -will b6inaintained above static water level adjacent to mining limits. jJ,,t:. ?A, , In,hardrock excavations,. specify. proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly -noting the, angles of the cut slopes, widths of all safety benches and s►, �:{ f:., r »;, ;; ; r, . mine•benches, and the expected maximum depth of the excavation. NIA w-.-O n 7.;,Describe•6ther.methods.to,be.taken during -mining to prevent physical hazard to any neighboring dwelling 11,10:,„r „i i-,Uihouse;'.public,road;,public,;commercial,or,industrial building from any mine excavation. Locate all such il,frit : ,1 tci_ t e ;structures! omthe•mine map if they are within 300 feet of any proposed excavation. r-' nis mine is very remote laud there `are'rio .buildings, roads, etc within several hundred feet of the mine except,fouthe chicken houses -owned by the applicant. These are shown on the site plan. i-.ti;l 1'0 t Wk, ;-?,$; Describemhat kind: of; barricade,will•be;used'to prevent inadvertent public access along any high wall area I i i u •i i s and :when it. will.•be. implemented: Vegetated: earthen berths, appropriate fencing and adequate boulder , ;r1.sbarriers maytbe acceptable high .wall .barricades: ?A construction detail/cross-section and location of each 1 •, t;, :.type of barricade to be used must be indicated on the mine map(s). i;:The mine is quite remote.,•Vegetated earthen berms will prevent inadvertent public access. APPLICATION FOR A MINING PERMIT �-� 9. Are acid,.producing minerals,or. soils.present? Yes No X How will acid water €..;::::'1pollution,from the excavation, stockpiles and waste areas be controlled? 1 1.1l,. ;10!i,.o&r,,Describe specific.plans;(including a..schedule of implementation) for screening the operation from :;,,;::,,, , �;, •; i:s;ti,;:.., ,public view.such;as maintaining or planting trees, bushes or other vegetation, building berms or other ,,•; ,...<<.,,,„%,,,! r;measures.-Show;the:location.ofall.visual-screening, on the mine map(s) andprovide cross -sections ,through all proposed, berms. or proposed spacing, sizes and species for tree plantings. This operation will;be;adequateiy,screened from public view by existing vegetation' and distance. i,b, 1Could'the operation have.a significantly. adverse effect on the purposes of a publicly owned park, •forest or recreation area?..•If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? ` 3.: No i1r `11. Will explosiyes;be used? Yes' = }: :No _ X If yes, specify the types of explosive(s) and -.—oil!,. ,€ t„ ,,F:•,,: ,€r , , describe what precaution(s),wil1•be used to=prevent physical hazard to persons or neighboring propertyo-II.--c- 'a;:,.fromiflying,rocks or excessive air.blasts •or ground vibrations. Depending on the nine's location to nearby •� ; _i" 1;1, i::, 3 n;, i,l, ,, structures, 4nore.detailed �technical �iriformation may be required on the blasting program (such as a third- ,t r ;l.�,ir' :::-;_c.; •;.�party•blasting study) I,Locate.the:nearest:offsite occupied structures) to the proposed excavatioii(s) on'r:: ill ,, : • .the mine map and indicate its approximate distance to the proposed excavation. ,r+ w.: ,.i;':12. Will -fuel tanks,'golvents, of other chemical reagents be stored on -site?. Yes No X J it . ,r,.> ,;Ifyev,describethese materials,•:hoW:they 1•vilbbe stored and method of containment in case ofspilL Indicate:.07 .•i: locations) of all storage facilities on the mine map(s). -1D- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN + , ,. +l ,, ::: l . •,Describe;.your, intended .plan;fforatl3e final reclamation and subsequent use of all affected lands and indicate the sequence -and general. methods -to be .used. in: reclaiming this land. This trust include the method of i J i: : i i :.,,-reclamation of settling,ponds and/or sediment control basins and the method of restoration or establishment :•1.r•of-any permanent drainage.channels to a -condition minimizing erosion, siltation and other pollution. This ,,; information must be illustrated bn,a-reclamation map and must correspond directly with the information r : !I--provided;on'the,mine;map(s): In addition;: design information, including typical cross -sections, of any 'permanent channels. to be constructed as part, of the reclamation plan and the location(s) of all permanent ri Pki; f•;7 channels must be indicated on the reclamation map. �;_.� �::;;:::!, The:miningiareatiwill be leftids a,lake:: iAny disturbed areas above static water level will be graded to drain ;,,.. into the lake, and seeded according to schedule. r it) k: 12. ! Is, an: excavated ordmpounded,body, of.water to be left as apart of the reclamation? Yes X No_. It I. at � • tlf yes,,,' Ilustrate; Ihe.loca'tion of the body(s) of water on the reclamation reap and provide a scaled + + to; t: ,•, cross-.rection(s) :through •the proposed body(s). of water, The minimum water depth must be at least 4 feet, is •smeasured,from fliemorrrial,Iow:.watentable elevation, unless information is provided to indicate that amore E,e iu:; i .uti .�i i'shallow water body will be !productive and,beneftcial at this site. Will the body(s) of water be stocked with + P y ftsh? Yes X No If yes, specify species. As per recommendation by qualified Wildlife biologist. Wa ';:3:,; Describe {provisibns,,for'safety.topergons and,to'-adjoining property in all completed excavations in rock i!r including=whattkind+of permanent barricade wilkbe left. Acceptable permanent barricades are appropriate rt.;. zl fencing, large -boulders placed :end=to-end; etc: Construction details and locations of all permanent' . barricades must be shown on the reclamation map, N/A \1 APPLICATION FOR A MINING PERMIT ; I•,:ii;_'.-,,,.4; ,Indicateithe method(s);ofreclamation of overburden, refuse, spoil banks or other such on -site mine waste N1*., i,'wt areas dvrged onreclamation n map.and sloping, Final cross -sections and locations for such areav- must provide k„ There are no such areas within this mine plan. ;Describe reclaination'.of,processing facilities, stockpile areas, and on -site roadways. �1 i =;, f k; : wi�i trnese Areas .:will be,graded to cause.runoff to flow into the pit, then seeded according to schedule. i-!!b: Will any on -site roadways be left as part of -the reclamation? Yes X No Ifyes, „ -,,.;„ ::ftcl: _!•;�>�;identify.such roadways -on -the reclamation map and provide details on permanent ditch line stabilization. Existing farm paths will remain. J; 6:-. Descfibe.the�method,of control -of c_ ontaminarimand disposal of scrap metal, junk machinery, cables, or:othef. i 1 ; F,;r, „i. ; such waste products of mining.' : (Note -definition of refuse in The Mining Act of 1971). No off -site s, t??:.:6.1.?,i, ,;i,, generated .waste:sballibe4isposed of,'on`the mine site without prior written approval from the NC 1'•1', k., Department; of Environnienit;and' NattirAl�Resources, Land Quality Section and either the Division of dy Waste Management.(DWM),of-local goveroing body. If a disposal permit has been issued by DWM R :. ; : • .C,. isfo"r,the site,aa copy. of said permit must be attached to this application. All temporary and permanent rlrr,' rrrefuse,disposal areas.must,be clearly.delineatedon the mine maps) and reclamation map, along with a list of items to be disposed in said areas. ;: I,tTS • l "Ml ;,Any such-materials..will be;periodically.removed from site and properly disposed of or recycled. —12— APPLICATION FOR A NUKING PERMIT 1:,7:, ,rti.Describe:your,plankr revegetation, onother.-.surface treatment of the affected areas. This plan must -E;::j. t:isiE!iinclude:recommendations'for ear-roundiseedin,includingthetimeofseedingandtheamountandtypec d— j 1't;;: :: of, seed,..fertilizer,..lime and mulch -per. acre.. The recommendations must include general seeding-1,.Cli;clli ' ! _ • ..„ i ; ., instructions .for permanent revegetation=and; if,necessary, temporary revegetation. Revegetation utilizing t <,! L,iiko:_..only tree:plar►tings -is not acceptable. Recommendations can besought from: i �3; : `,; :��; ' t, . a.: r Authorized representatives of the local Soil and Water Conservation District; ; I,, t, :b. ;, Authorized�representatives of,the Division of Forest Resources, Department of Environment and Natural Resources; Co,,:c.=::, Authorized county representatives. of the North Carolina Cooperative Extension Service, specialists :, and.iescarch!faculty;with,theiColleges of Agriculturc.and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; i ..: ; ::i , , me: , i, , Private, -consulting., foresters, referred by the Division of Forest Resources, Department of Environment and Natural Resources; 1==;i .'; E,•,o of ., �lf:i iN:C:;Erosion,and Sedimentation Control Planning and Design Manual; g. ,N:&- Surface Mining,Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): According to. soil tests, or 1.5 tons / acre ti, 1•i: Or :,: j i:'FERTILIZER-:ANALYSIS.AND. RATE -.OF APPLICATION (pounds/acre): According to tests, or 5001bs/acre 10-10-10 ,. )I A i' I ' ! i'.: /V i !(:SEED,!TYPE _'(S) SAND 3RATE i(S) :OF. APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes) Seed Types: �:. i_ _Y :�,.' Seeding Dates: Seeding Rates: :l::. [ E::1•. t . Pensacola bahiahgrass; ;+_.. April 1-July 15 50 lbs C acre Sericea lespedeza :. ' .,r; ; April 1-July 15 30 lbs / acre 3 5 i ,± ; _ Common bermudagrass :, ��: r . April 1- July 15 10 lbs I acre v, „ { I!1i Common millet I :,. :,.,,,: April 1-July 15 10 lbs / acre S - Apr;'Rye (temporary cover)', k•: • :1c:r, August 15 — April 15 120 Ibs / acre :,,, . ,'•i:,r:: (i,t>iMULCH.:,TYPE AND RATE ,OF(APPLICATION (pounds/acre) AND METHOD OF ANCHORING:, :t4!,i,•;i�. 4;OOOjlbslacre grain straw mulch —anchor with asphalt, roving, or netting ""I' j! `'' ' ^"OTHER.VEGETATIVEICOVERS .—'.,TYPE (S) AND RATE (S) OF APPLICATION iNCLUDIN,G:,:l.t ,SEEDING: SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: _. _ .. Signature" - � .1 _ Date Print Name Dj� C • 1'Z-�t-�—� 'k Title CU r oce 5T 'Agency C.an.o L , N{q �� � Qt CM . 13 - APPLICATION FOR A MINING PERMIT DETERMINATION OF AFFECTED ACREAGE AND BOND The.fbllowing bond. calculation Worksheet is to,beused to establish an appropriate bond (based upon a range of-$500,to $5;000per affected qcre)fior,each,,per'mitted mine site based upon the acreage approved by the.-,;, i,­i Department to be,affeqted during the life qf.the miningpermit, Please insert the approximate acreage, for each, GWectf ofthe mining. o ou'Wend td-affect during the life otthis ruining Hermit (in addition, please _peration�;rhat y— -k insert the jWprq' riate 7 reclamalibn -cost/acre or. each carery fi-om the Schedule of Reclamation Costs "j; (,,)jyMvided.withthis. application forih)j 0,R Yowcah; deLer to the Department to calculate your bond for you based Mon your maps and standard reclamation costs: AFFECTED, RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE`COST J. Tailings/Sediment Ponds:..X ---. 0 Ac. Ac. Stockpiles: 0 Ac. X /Ac. S Wastepiles:' 0 Ac. X $ /Ac. Processing Area/Haul Roads: 2.6, Ac, X $ 1,800 /Ac. 4,680 25.-'-�'Ac. X $ 500 /Ac. Min& Excavation: S 12.500 ii Other: Ac. X $ /Ac. TOTAL AFFECTED AC.: 27.6 Ac. (TOTAL PERMITTED AC.: 60.6 Ac.) W11 UNITchiporary & Permanent Sedimentation & Erosion Control Measures: i., ji., t iDlvide, the -TOTAL,AFFECTED -AC. above into, the following two categories: a) affected acres that drain into propbsed/existing. excaviitioril and/or b) -'affected lacres thdt will be graded for positive drainage where measures will ;(�O be needed, to -prevent: offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 27.6 Ac. %Wl C b) Positive Drainage Ac. X $1,500.00 SUBTOTAL, COST: 17,180 Inflation Factor: 1),­n iO i02"X SUBTOTAL COST,; 343.60 X Permit Life (Ito 10 years): 10 ;'�1 V C, 1N INFLATION COST: 3,436.00 ITOTAL. COST._ =,SUBTOTAL COST -+.INFLATION COST = S 20,616 ss Total Reclamation Bond Cost: 20,600 (round down to the nearest $100.00) ii -14- NOTICE A )I J WA" IMr'I ; `1 r',,Pursuant.to,provisions G:S. 74-5.0(bl-) of The Mining Act of 1971, Notice is hereby given that •'1' '' +1 '' Francis Sand,&,Gravel: has applied on January 6, 2005 ,(Applicant Name) (Date) r •to the.Land Quality-Secti on,: Division, ofiLand Resources, North Carolina Department of Environment 'and"!Natural•Resource" ,,,I 612 Mail Service;Center, Raleigh, North Carolina 27699-1612, for (check one):' (a) a new surface mining permit X ,+++ (b),;a modification.! of. an,existing,surface mining permit to add land to the permitted area ❑ ' ''' �''"'° The applicant.proposes to mine, + sand - on 60 acres located -�I I' S t2'-311311,+ (Mineral; Ore) (Number) {Miles) north- i+-+; ;,;.lof-, ;;,,Murfreesboro off/near road Stanley Barnes Rd. ; . (Direction) (Nearest Town) (Number/Name) in Northampton County. *SEE' -ATTACHED -MAP FO-TROPOSED PERMIT BOUNDARIES AND CORRESPONDING y .0e 1ADJOINING LANDOWNER NAMES AND LOCATIONS* ,In accordance with G.S::74450(b1);+the,mine operator is required to make a reasonable effdrtlidhotify all .. '(":-..),`owners of -record; both public and private, iof+all =tracts:of land that are adjoining the raining permit boundary,. if an adjoing=tract is owned,or, leased by the,applicant or is owned by the lessor of the mine tract, all owners of recora'•' 3' i r J,ii: of.tracts adjoining:these,,tracts!must.be notified:(that are within 1,000 feet of the mining permit boundary).. Ins. I' ,,o) addition,,the mine operatonmust,also notify, the, chief adiniriistrative officer of the county or municipality in•whichk°"'` 1•1 ,any,part of the permitted area'.is located.�iAny -person may file written comment(s) to the Department at the above i' us address -within -thirty (30) days• of the issuance of this Notice or the filing of the application for a permit;'Whichever'` later:,•iShould the Department,determine'that a,sighificant public interest exists relative to G.S. 74-51, a'public .1 i -hearing will+be held!within 60 days of the end of the 30-day comment period specified above, 'O"'' +.I, : I; ...;,A.copy,bf theipermit application materials•are on file and available for public review during normal i. ;.+business hours, at,the:abdve-listed address:asLwell as at the'appropriate regional office. For information''='" +.. i6irega'rding the specificsloflthe,nronosed.ii ining,artivity, please contact the applicant at the following . i or itteleDhone number::r,s252-585-1078.-.rinn re.%w:For information on the -mining permit appiication'review:`c ' 14 'i i process;_please,contact the Minm0rogratn staff at •733-4574. Please note that the De artment will consider any,relevant written. coinmentsldocuineritationlwithin .the provisions of the Minin&Act of 1971 throughout the a r: i,:�„ ,,gpplication`:ieview process until a final decision is made on the application. John L. Francis Jr. (Addressee/Owner of:Redord'sF, C:r � is i, 1 t'4k ;.,,, (Name of Applicant: Include Contact Person Name and; Address)- ;;.; i l"r;.,,l,li& Company Name, if Applicable) arfJanuary,6,'2005 ?. "..��;114� 2 T,'- (Date 'of Issuance iofthis Notice/ Mailed to Addressee/Owner of Record) -16- 249 Stanley Barnes Rd. Pendleton NC 27862 (Address of Applicant) APPLICATION FOR A MINING PERMIT - ! , -, 1, %, - AFFIDAVIT OF NOTIFICATION 01 John..E.Trancis,.Jr.,,,i• t :�,an applicant, or an agent, or employee of an applicant, for anew Mining Perrhit. ova. modification-,th of:an -existing Mining Permit to add land to the permitted area, from;the N, C,: ' Department of -Environment and NaturalResources, -being first duly sworn, do hereby attest that the following' are all known:owndrsof record;:bothipiiblici��dp�,ivate':of all tracts of land that are adjoi ning the mining permit J i:JjJJ\ boundar­�': (includingikwhere awadjoining tract is -owned or leased by the applicant or is owned by & le"s"`s6r;"oSf il�te' 1-­,mine tract,-, a11 owntf§ ofirecord of tracts adjoining,these tracts, that are within 1,000 feet of the mining ipermity; [!-:.c boundary) land thatmotice ofthe pending application,has been caused to be mailed, by certified or registered mail, v 1-cao said-jown6rs of --record. at, their addres.seslshown.,below, such notice being given on a form providdd -by the'- Department: (Adjoining. Landowner Name) (Address) See attached list for ad erty Joinin prop _owners (Attach additional list if necessary) Ho also attest that the following individualds, the chief administrative officer of the county or municipality. i! i;in.which. any-parvofthe-perr�ltted area is -located and that notice of the pending application has been causedtol�be, _ -,o i mailed,. .by,qertified or registered mail, to said office at the following address: s flj (Chief Administrative''Officer Name) (Address) [City Manager, County Manager, Mayor, etc,) 0! 5 Wayne � Jenkinsi',,County.-Manager PO Box 808, Jackson, NC.27A"";"111:' i. m-, It- oj N'l The!aboVe attestation was made by me whileunderoath to provide proof satisfactory to the Department that aireasonable,effort- hasbeen made to notify al1known owners of record, both public and private, of all tracts of 1an'd'i Ghat are. adjoining the mining permit boundary.. (including, where an adjoining tract is owned oi,'JLsed by,, the; :I!.- applicant. bris_oWnedtbyithe lessori..ofithe mine.trabt;iall,owners of record of tracts adjoining these'!trk'6,.thatiare I i.,,O 0i;--within P,000 feet iff the'=ningperrnit- boundary)i 4ridthe chief administrative officer of the county orinuiHicipality 01 iij fin*hich.any:partifof the permitted area is iocat6d'in compliance iance with N.C.G.S. 74-50(bl) and 15A NCAC.5Bj It -i I,. 0004(d). A understand, that it is!the -responsibility: of. the applicant to retain the receipts of mailing showink'tfiaitli6 .di-- above noti6!s,were caused to!"bel mailed and to provide them to the Department ,upon request. tip}: ­if I. Signature of Applicant or Agent Date 71f -perso'n. executing iAffidavit'.is an lageht .or employee of an applicant, provide the following information: ;.'-'.(Narne of (title of person executing Affidavit),.., �­ 'k a.Notary Public of the County of State ?".v, of North, Carolina; :do hereby certify that vanVN i J, i,#peare&bef6re mbthis -day: and,under: oath acknowledged that the above Affidavit was made by him/her. -my a 20 0 (p -Witness hand and notarial sea], this day of Qantu�,_r�A Notary: My Commission expires: )-oo ot M-'1.A_--, z,, T_ avm" Dm.Ry P U P, U0 -17- 40MsToN1 cou"ory, F4.a AFour Roses Realty ��,)tWRB; Rentals 1'1:1'.":----- 'Ll I'Christianna B.,Bames iry P'4tfti, L GarTis Hunt!Club'- Melvin& Ben Mann 1'-:;1WAlter"R.'Bishop Francis Sand and Gravel Mine Adjoining Property Owners PO Box 607, Murfreesboro, ' NC 27855 'V;:;C! cJj PO Box 806, Ahoskie, NC 27910 PO Box 158, Murfreesboro, NC 27855 of 861 Stanley Bames Rd., Pendleton, NC 27862 249 Stanley Bames Rd., Pendleton, NC 27862 kP OikillIj!1 34327 Meherrin Rd., Boykins, VA 23827 103 Robin Hood Rd., Franklin, VA 23851 Stii lilt) APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT !'!,'>We herebyigrant to thelDepartinent� 'r�its-,appoiiited representatives the right of entry and travel upon our lands 4 '. $-or operation during.regular business hours for the purpose of making necessary field inspections or investigations tr !" c as maybe reasonably required in the administration of the Miring Act of 1971. to the Departinent or its appointed representatives the right to make whatever entries on the v 13:u.:'<<aand as.may!be r6asonably,necessary:and to take whatever actions as maybe reasonably necessary in order to carryli,,,.� '=S:~rs' • .,out reclamation which;the operator has -failed to' complete in the event a bond forfeiture is ordered pursuant to G.S.... „ 74-59. "' ,. "su! LANDOWNER: APPLICANT: - _r `I:=Signature:." Signature:* �-' =Print:Name:- _ �. 'Print Name: ha IC/�/-F,, . • --- 11 Address:,_.%Z�6"i-.67XW Lg� -Bpv s� -6 Title: V [c E 07� i +/,k r j—( Company, 1 :Telephone:Y ZSZ = - 1'0�i L , -, :n_ :. Mine Name: _�yLI S 5>4�� t- s11';111*.Signature•inust beithe;same as the individual who signed Page 1 of this application. '.o.,� ­Six'(6) copies of Pi mine ma ,t�xi J)A'Im7 s jand-the'a ' 'ro riate roces8in 'fee'(see next�page for fee schedule) in the forma check or money order ' jo +'. 4�lpayable':to the=North,Carolina-Departmerit'ofrEn,�ironment and Natural Resources must be sent to the Land _, ualiN Section- Central Office'at the' address listed on the front cover of this application form. =;=Inquiries regarding,the sfatus'of tlre:review.of this -application should be directed to the Mining Program staff at (919) 733-4574. - 1.t -18- April 10, 2006 Mr, John E. Francis, Jr. Francis Sand and Gravel, Inc. 249 Stanley Barnes Road Pendleton, North Carolina 27862 RE: Francis Sand and Gravel Mine Northampton County Neuse River Basin Dear Mr, Francis: The application for a, mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 66-10 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on April 10, 2016. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North, Carolina. As a reminder, your permitted acreage at this site is 60.6 acres and the amount of land you are approved to disturb is 27.6 acres. Please review the permit and contact Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWikh Enclosures CC' Mr. Join Holley, PE Ms. Shannon Deaton -WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Mr. James Izzeli, PG — Carolina Geological, PO Box 429, Garner, NC 27529 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Francis Sand and Gravel, Inc. , Francis Sand and Gravel Mine Northampton County - Permit No. 66-10 for the operation of a Sand Mine which shall -provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION_ DATE: April 10, 2016 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable .:.obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue - of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department . may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S, 74-49. Expiration Date This permit shall be effective from the date of its issuance until April 10, 2016. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. sea., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. 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 50 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 areas around the mine excavations shall be diverted internal to said excavations or into the sediment basins, as indicated on the mine map dated January 3, 2005. C. Mining activities shall occur as indicated on the mine map dated January 3, 2005. 5. All affected area boundaries (27.6 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the'operation from the public. 9. Sufficient buffer, as indicated on the mine map dated January 3, 2005, shall be maintained between any excavation and any mining permit boundary to protect adjacent property. a 10. A. No on -site disposal of refuse or other solid waste that s-generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other.. waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining -refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. , v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rid or to commencement of such disposal: 1 _ the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, Page 5 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shad notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a miniptr permit or any approved revision to it. Approval to implement such changes must be 01:7tained from.the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G .&-74-54 in the form of a $21,000.00 surety bond (of which $20,600.00 is required for xhis site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee,..which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By d.S._74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an.angle as to,minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious -or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 0 3. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line, except those noted in Reclamation Condition No. 2C. C. The side slopes to the lake excavation along the southern permit boundary, adjacent to the 25-foot undisturbed buffer, shall be graded to 4 horizontal to 1 vertical or flatter to the water line and 3 horizontal to 1 vertical.or flatter below the water line. D. ". Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. E. ,. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. F. The affected land shall be graded to prevent the collection of noxious or foot water. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan prepared by Mr. James Izzell, PG dated January 5, 2006, or the following: Permanent Seeding Specifications Dates February 15 - April 1 April 1 - July 31 August 1 - October 25 October 25 - February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German .millet 40 Rye (grain- temporary) 120 Lime: 2000 Ibslacre or follow recommendations from a soil test. 9M Fertilizer: 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a•professional wildlife biologist with the N.C. Wildlife Resources Commission.to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 101h day of April 2006. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Francis Sand and Gravel, Inc. to conduct mining activities off SR 1354 in Northampton County. The mining permit (no. 66-10) was issued on April 10, 2006, North Carol61a law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe -.hat you are an aggrieved party.within the meaning of the-APA, a petition - for a contested case must be filed in the Office of Administrative Hearings within sixty (60) d.� of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes'150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Cleric of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Envirc,.,a� ,ent and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1661. This notice was mailed on James D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources Brenda Harris Mining Program Secretary