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HomeMy WebLinkAbout20210226 - ADI Response NORMS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Dr.,Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 29420 (910)343-9653 (910)287-5900 (910)343-9604 Fax (910)287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K Bland,P.E. Thomas J.Scheetz,E.I. February 17, 2021 Adam Parr Assistant State Mining Engineer NC DEQ-Land Quality Section— 51h Floor 512 N. Salisbury Street Raleigh,NC 27604 Re: Mining Permit Application Comment Response (10-A02 -ADI - 20200818) Benton Tract Sand Mine N&T Project No. 18087 Dear Mr. Parr, We have reviewed your comments dated August 18, 2020 and respond as follows: 1. Note #6 on sheet C2 has been revised, see attached. 2. The jurisdictional wetland delineation has been attached. 3. See the attached pumping operation and monitoring plan which if followed will prevent any effects on adjacent wetlands. 4. The temporary silt fence has been shown around the site. See new notes#6-9 on revised sheet C3 for maintenance details for the sediment pond and stockpile area. 5. The buffer has been revised to be 50 ft. see revised sheet C2 attached. 6. The dewatering application has been submitted, see the submittal letter and application attached for reference. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL RECEIVED CONSULTING ENGINEERS, P.C. FEB 2 2 2011 LAND QUALITY Thomas J. Scheetz, E.I. MINING PROGRAM TJS/ttw 18087 02-17-21 s mining app.resp Itr Enclosures cc: Brandon Hardee NCBEIS License C-3641 APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds,stockpiles, wastepiles,processing area/haul roads,mine excavation and any other major aspect of the mmmg operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0.15 Stockpiles 0.45 Wastepiles 0 Processing Area/Haul Roads 2.34 Mine Excavation 7.56 Other(Explain) 4.29 Buffers & Uplands Total Disturbed Acreage 10.50 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON TBE MINE MAPS. RECEIVED FEB 2 2 2021 LAND QUALITY MINING PROGRAM -6- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per a,Jfected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe miningpermit. Please insert the approximate acreage for each aspect ofthe mininjoperation that you intend to affect during the life ofthis miningpermit(in addition please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form)OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0.15 Ac. X $ 500.00 /Ac, - $75.00 Stockpiles: 0.45 Ac. X $ 1,800.00 /Ac, - $810.00 Wastepiles: 0 Ac. X $ 2,000.00 /Ac. _ $0.00 Processing Area/Haul Roads: 2.34 Ac. X $ 1,800.00 /Ac, _ $4,212.00 Mine Excavation: 7.56 Ac. X $ 500.00 /Ac. _ $3,780.00 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 10.50 Ac. RECEIVED (TOTAL PERMITTED AC.: 10.50 Ac,) FEB 2 2 2021 LAND QUALITY Temporary&Permanent Sedimentation&Erosion Control Measures: MINING PROGRAM Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 10.50 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST: $8,877.00 Inflation Factor: 0.02 X SUBTOTAL COST: $8,877.00 X Permit Life Provided by Applicant(Life of the Mining Operation or Life of Lease from Public Entity(in Years)): 20 INFLATION COST: $3,550.80 Total Reclamation Bond Cost: $12.500.00 (round down to the nearest$100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) -15- PUMPING OPERATION & MONITORING PLAN Brunswick County, North Carolina For Benton Tract Sand Mine iF�71" 'EAL 19s _ RECEIVED LAND QUALITY 114INING ROGR A July 2020 Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 1429 Ash-Little River Road Ash, North Carolina 28420 (910) 287-5900 (910) 287-5902 (Fax) License#C-3641 N&T Project# 18087 Pumping Operation&Monitoring Plan Benton Tract Sand Mine PUMP SPECIFICATIONS The selected pump will be the following: • 4"Godwin Diesel MONITORING OF WETLAND AREAS Sediment discharge sampling per General Permit No. NCG020000 Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measurable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this General Permit shall not be changed without notification to and approval of the Permit Issuing Authority[40 CFR 122.41(j)]. Recording Results For each measurement or sample taken pursuant to the requirements of this General Permit, the permittee shall record the following information [40 CFR 122.41]: • The date, exact place, and time of sampling or measurements; • The individual(s)who performed the sampling or measurements; • The date(s) analyses were performed; • The individual(s)who performed the analyses; • The analytical techniques or methods used; and • The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this General Permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below the General Permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented, and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on-site or be available electronically to a DEMLR inspector upon request. The permittee shall retain records of all monitoring information, including • All calibration and maintenance records • All original strip chart recordings for continuous monitoring instrumentation • Copies of all reports required by this General Permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions • Copies of all data used to complete the Notice of Intent to be covered by this General Permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or Notice of Intent application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: • Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this General Permit; • Have access to and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; • Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Permit; and • Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this General Permit shall be recorded on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). Annual Summary DMRs shall be delivered to the Division (Central Office) no later than March 1 of each year (See 2. of this section). In addition, any samples analyzed in accordance with the terms of this permit that violate a wastewater effluent limit or exceed a stormwater benchmark value shall be submitted to the Division Regional Office on a DMR form and delivered to the Division Central Files no later than 30 days from the date the facility receives the sampling results from the laboratory. DMR forms are available on the Division's website (hftp //portal ncdenr org/web/Ir/npdes-stormwate[). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division, or appropriate authority, according to the provisions above. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this General Permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this General Permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DEMLR's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of the Annual Summary Discharge Monitoring Report (DMR) shall be submitted no later than March 1 of each year to DWR Central Files (not DEMLR): Central Files Division of Water Resources (DWR) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If wastewater monitoring results indicate a wastewater effluent limit violation, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. If stormwater monitoring results indicate a stormwater benchmark value exceedance or the facility is in Tier 2 monitoring, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. All stormwater outfall parameters shall be monitored and reported for any monitoring period that the facility is following a Tier 2 response. Addresses for each RO and the counties covered by each RO can be found here: http://porta1.ncdenr.org/web/�Quest/regionaI-offices. The permittee shall retain the completed originals on site. Visual (Qualitative) monitoring results should not be submitted to the Division unless specifically requested. Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are available at the website of the Division's Stormwater Permitting Program: htti):flportal.ncdenr.org/web/ir/npdes-stormwater The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this General Permit coincides with a non-stormwater discharge,the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. Planned Chances The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes- pollutants which are not specifically listed in the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the General Permit[40 CFR 122.41(I)(2)]. Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part VI of this General Permit.Additionally, the permittee shall report spills including: • Any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Bypass Notice [40 CFR 122.41(m)(3)]: • Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. • Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall s be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance[40 CFR 122.41(I)(6)]. • The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. • Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800)662-7956, (800) 858-0368 or (919)733-3300. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(I)(7)]. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this General Permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(I)(8)]. DEWATERING METHOD Water will be discharged to the proposed sediment pond which will outfall to the nearby wetlands. Mining will.begin towards the back of the property and work its way to the front. The pump location has been shown on the plans. • Place the portable pump at proposed location designated on the plans • Mine Areas o Pump water into the sediment pond o Sediment will outfall into wetlands in a non-erosive manner EROSION AND FLOOD PREVENTION Silt fence will be installed along the haul road where wetlands are immediately adjacent. Other measures will be implemented as deemed necessary. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00318 County: Brunswick County U.S.G.S.Quad: Calabash NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Jason Benton RECEIVE® Address: 900 Pea Landing Road NW FEB 2 2 2921 Ash,NC,28420 Telephone Number: LAND QUALITY MINING PROGRAM Size(acres) 14.6 acres Nearest Town Ash,NC Nearest Waterway Shallotte River River Basin Lower Pee Dee USGS HUC 03040206 Coordinates Latitude: 33.969567 Longitude:-78.530932 Location description: This 14.6 acre undeveloped site is located off Pea Landing Road in Ash,Brunswick County,NC (Parcel ID: 1940000602) Indicate Which of the Following Apply: A. Preliminary Determination X There are waters,including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC 4 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC4. 403). The waters,including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an approved JD, which is an appealable action,by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).However,since the waters, including wetlands, have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters,including wetlands, at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S.,including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish This wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2021-00318 _ The waters of the U.S.,including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. _ The waters of the U.S.,including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on .Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). von should contact the Division of Coastal Management in Wilmineton,NC to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Gary Beecher at(910)251-4694 or Gary.H.Beecher(ia usace.armv.mil. C. Basis For Determination: Based on field information from the consultant(LMG),topo maps,soils maps and Lidar Maps it appears that this site may exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Gulf Coastal Plain Regional Supplement.The tributary is shown on topographic maps as a"Blue Line"and is hydraulically connected to Caw Caw Swamp. D. Remarks: A desk too review was conducted on this site using information from the consultant(LMG),topo maps,soils maps and lidar maps. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request.This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985,as amended.If you or your tenant are USDA program participants,or anticipate participation in USDA programs,you should discuss the applicability of a certified wetland determination with the local USDA service center,prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)forth. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr.Philip A.Shannin Administrative Appeal Review Officer 60 Forsyth Street SW,Floor M9 Atlanta,Georgia 30303-8803 AND PHILI P.A.SHANNIN(a)USACE.ARMY.MIL In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by N/A. SAW-2021-00318 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by GARY H. GARY H. BEECHER BEECHER Corps Regulatory Official: Date:2021.02.16 13:23:29-05'00' Date: February 16,2021 Expiration Date: PJD Does not expire The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete our Customer Satisfaction Survey,located online at httD://corpsmapu.usace.armv.miUcm apex/f?p=136:4:0. Copy Furnished via E-mail to: Consultant: Paul Farley Land Management Group 3805 Wrightsville Avenue,suite 15 Wilmington,NC,28403 (910)452-0001 pfarlev(a),hr group.net Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: February 16, 2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Paul Farley,LMG,3805 Wrightsville Ave.,Ste.15,Wilmington,NC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Pea Landing, SAW-2021-00318 D. PROJECT LOCATION(S)AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Ash Center coordinates of site (lat/long in degree decimal format): Lat.: 33.969567 Long.: -78.530932 Universal Transverse Mercator: 17 S 728120.32 m E 3761526.67 m N Name of nearest waterbody: Cawcaw Swamp E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): 0 Office(Desk) Determination. Date: February 16, 2021 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Site Latitude Longitude Estimated amount Type of aquatic Geographic authority number (decimal (decimal of aquatic resource resource(i.e.,wetland to which the aquatic degrees) degrees) in review area vs. non-wetland resource"may be" (acreage and linear waters) subject(i.e.,Section feet, if applicable) 404 or Section 10/404) W1 33.968777 -78.531709 -4 ac Wetland Section 404 Trib 1 33.970171 -78.531956 ~422 If Non-wetland Waters Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD(AJD)for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit(NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD,the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit(and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Figure 7: Preliminary Wetland Delineation Sketch (LMG) ❑N Data sheets prepared/submitted by or on behalf of the PJD requestor. 0 Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. 0 U.S. Geological Survey map(s). Cite scale &quad name: USGS Brunswick County GIS Mosaic 0 Natural Resources Conservation Service Soil Survey. Citation: Brunswick County GIS Soils Data ❑N National wetlands inventory map(s). Cite name: Ash, Brunswick County ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) Q Photographs: 0 Aerial (Name & Date): NAPP 1998, 2016 NC One Map or ❑Other(Name& Date): ❑ Previous determination(s). File no. and date of response letter: 0 Other information (please specify): Lidar Image IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. .BIEEICHERly nQdbyGARY GARY H. H 0500�02,.02.,6,3:z2:,3 BEECHER Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. _ y , E-rHkIOGt RC NW r � ngwood'-<' �RD N1V P DSNIP 7PNIN C IT t 01 Inhilotty` y SNALLOTTE fWE Sc, �/ ` Ctiol'Run P - Grissenown - ._.. - Ccdw Bay ede�l I i , r 0 A J � � I Z?0 GEOFLfl�SO ., Ib J\I -•Te � / � .. `C+ea57dc _ . r _ ----�i_ Esnpl IRE Garinim;.(c)OpenStreetM ap conlribenors L:\WETLANDS\2019 WETLANDS FILES\LMG19.308--- Pea Landing Rd, Michael Brandon Hardee\maps 0 0.5 1 2 Boundaries are approximate and not meant to be absolute. MIieS Map Source:2008 DeLorme Atlas&Gazetteer, pg. 86 Pea Landing Tract Brunswick County, NC �ZLMG G Figure 1 Map Date: 08-16-19 a DAM# company Vicinity Map 3805 Wrightsville Avenue LMG19.308 Wilmington,NC 28403 910 452-0001 s Site ram{ r Esri,HERE,Garmin.. (c)OpenStreetMap contributors LAWETLANDS\2019 WETLANDS FILES\LMG19.308— N Pea Landing Rd, Michael Brandon Hardee\maps 0 150 300 600 Boundaries are approximate and not meant to be absolute. Feel Map Source: USGS Brunswick County GIS Mosaic Pea Landing Tract 4LMG Brunswick County, NC LAND MANAGEMENT GROUP Figure 2 �y1#-comPMY Topographic Map Map Date: 08-16 19 a 3805 Wrightsville Avenue LMG19.308 Wilmington, NC 28403 (910)452-0001 NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. Site e. f 7 1 1 i' 7 L ! •Ji 1 4 Legend Fa 9 �- r♦y Project Area- 14.6 acres r `s Potential Uplands•- 10.6 acres or 73% - Potential Wetland Waters of the US-4.0 ac or 27% - •-••- Potential Non-Wetland Waters of the US (RPW) -422 linear feet •• Potential Upland Drainage Features- No OHWM 723 linear feet •pe tM r b LAWETLANDSt2019 WETLANDS FILES\LMG19.308— N Pea Landing Rd, Michael Brandon Hardee\maps 0 100. 200 400 Boundaries are approximate and not meant to be absolute. Feet Map Source:2016 NC One Map Pea Landing Tract LM G Brunswick County, NC Figure 7 LAND MANAGEMENT GROUP Preliminary Wetland Delineation Map Date: 08-16-19 'DALE #-`°mpany Sketch rih LMG19.308 3Wil ington Aille NC 28403e 910 452-0001 1 I NORRIS &TUNSTALL CONSULTING ENGINEERS EC. 2602Iron Crate Dr.,Suite 102 1429 Ash-Little Rio Road Wilmiogton,NC 28412 Ash,NC 28420 (910)343-9653 (910)287-5906 (910)343-9604 Fax RECEIVED (910)287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. FEB 2 2 2021 Thomas J.Scheetz,E.I. July 21, 2020 LAND QUALITY Via Federal Express MINING PROGRAM Suzanne McCoy NCDEQ— Stormwater Program 512 N. Salisbury St., Office 640K Raleigh, NC 27604 Re: Notice of Intent General Permit for Dewatering Submittal Benton Tract Sand Mine Brunswick County, NC NT Project No. 18087 Dear Ms. McCoy, Enclosed are four (4) sets of site plans, one (1) USGS map, the original NPDES NCG020000 Notice of Intent-General Permit Application, copy of the wetlands field sketch (U.S. Army Corps of Engineers wetland delineation will be forwarded once received), POM Plan, and a $100.00 check (Hardee Enterprises Ck. No. 002055) for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. Thom S etz, E.I. TJS/ttw 18087 07-21-20 NO[ltr-dewatering Enclosures cc: Brandon Hardee NCBELS License C-3641 FOR AGENCY USE ONLY Date Rmeivcd Division of Energy,Mineral and Land Resources/ year nlemh Da Land Quality Section—Stormwater Permitting Program eeni6eaieer Cove m e National Pollutant Discharge Elimination System Cheek amawit Environmental Parmit Assigned to Quality NCG020000 NOTICE OF INTENT— General Permit Application NT#18087 National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification)Code-14XX Mineral Mining Industry(except as specified below) and like activities The following activities are included: Active or inactive mining operations (including borrow pits—except forNCDOT borrow pits)that discharge stormwater contaminated with or that has came in contact with, any overburden, raw material, Intermediate t products,finished products, byproducts or waste products located on the site of such operatiorV.;,ECiEIV Stormwater from vehicle maintenance activities(VMA) at mining operations; "RECEIVED Overflow from facilities that recycle process wastewater; and/or Mine dewatering (wastewater) F[B 2 2 Z021 The following activities are specifically excluded from coverage under this General Permit: LAND QUAL11 Stormwater discharges associated with peat mining, coal mining, and metal mining; MINING PROGRAF✓ Stormwater discharges from mining operations which are intermixed on site with stormwater from concrete operations; Stormwater discharges associated with oil and gas extraction operations; and Stormwater discharges associated with tourist gem mines NCDOT borrow pits (covered under individual permit NCS000150) The following discharges are covered by NPDES general permit NGG520000 instead of NCG020000: Point source discharges of stormwater and wastewater from in-stream sand mining operations(sand dredging or dipping operations) are covered instead by NPDES General Permit NCG520000, administered by the Division of Water Resources NPDES Wastewater Permitting Program. Please contact DWR for more information. Please print or type all entries in this application form. 1) Mailing address of owner/operator(official address to which all permit correspondence will be malledl: Legal Owner Name Jason Benton (Attach the most recent Annual Report to the NC Secretary of State showing the current legal name of the corporation or entity. Alternatively this permit can be given to an Individual or government authority. This name must be the same name as appears on the Division of Energy,Mineral,and Land Resources'M/n/ng Permit.) Signee's Name(as signed for in question 41. at end) Brandon Hardee Street Address 131 Houghton Place SW City sunset Beach State NC ZIP Code 28466 Telephone No. 910 443-1065 E-mail hardeeenterpirsesQalmc.net Alternate Contact Name' E-mail(if different) Alternate Contact Telephone(if different) 'Alternate contact should be affiliated with the Owner/Operator. Consultant information can be provided in question 5. Page 1 of 12 SWU-NCG02-NOI Last revised 9/1 012 01 5 NCG020000 N.O.I. 2) Location of facility producing discharge: 3 Facility Name Benton Tract Sand Mine Facility Street Address Pea Landing Road Facility City Ash State NC ZIP Code 28420 Facility County Brunswick Facility Contact Brandon Hardee Telephone No. 910 443-1065 Fax: Contact E-mail harde ntenteee rprises@atmc.net 3) Physical Location Information: Please provide a narrative description of how to get to the facility(use street names,state road numbers,and distance and direction from a roadway intersection).3,000 ft S of the interesectlon of Pea Landing Rd(SR 13")& Longwood Rd(NC 904) 4) Facility Location Coordinates: Latitude 33.9697 N Longitude 78.5308 W (degrees!minutes/seconds or decimal degrees) 6) Consultant Information(If applicable): Consultant: J.Phluip Norris,P.E. Norms&Tusnta[I Consulting Engineers P.C. (Optional) Consulting Firm: Staple Business Card Here Mailing Address: 1429 Ash-Little River Rd City: Ash State: NC Zip Code: 28420 Phone: 91( 0 ) 287-5900 Fax: 91l 0 ) 287.5902 E-mail: pnorris@ntenglneers.com;tscheetz@ntengineers.com Permits: 6) This NPDES Permit Application applies to which of the following: a New or Proposed Facility Date operation is to begin: Upon Issuance of permits O Existing Date began mining: 7) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code(SIC Code)that describes the primary industrial activity at this facility SIC Code: 1 4 4 2 8) Provide a description of the types of minerals mined at this facility: Sand 9) Is this a PROCESSING-ONLY facility for materials mined elsewhere? No O Yes 10) Is this an Inactive mine site? N No 0 Yes If yes,have you certified to the Stormwater Permitting Program that all portions of the site where clearing,grading,and/or excavation activities have occurred have been stabilized? 0 No 0 Yes (If yes,the site may be eligible for"Dormant Status"and reduced BMP Inspections. See the General Permit.) Page 2 of 12 SWU-NCG02-NOI Last revised 9/10/2015 NCG020000 N.O.I. 11) Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section? 4 No If no,please indicate the status of the Mining Permit application: has been applied for CO Yes If yes,please provide the Mining Permit number: . Also provide a copy of the DEMLR Mining Permit with this NPDES application. 12) Does this facility have any other NPDES permits? 11 No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 13)Are you applying for a discharge permit in the same location as a previously permitted mine? 9 No ❑ Yes If yes,specify permit number and mine name if known: 14) Does this facility have any Non-Discharge permits from DWR(e.g.,recycle permits)? 9 No ❑ Yes If yes, list the permit numbers for all current Non-Discharge permits for this facility: 16) Does total area of this mine site Include ready-mixed concrete plant and/or asphalt plant areas? No ❑Yes If yes,do they have separate NPDES stormwater permits? ❑ No ❑ Yes (provide permit number(s) If not owned by the same company,who is the owner? Development Activities and Buffers: 16)Will this mining operation precede development activities at this site? I No ❑ Yes 17) Is this mine located within one of the 20 Coastal Counties,and will It add more than 10,000 ft2 of impervious surface? ❑ Yes(to both) N No,this mine site IS in one of the 20 Coastal Counties but will NOT add 10,000 ft2 of impervious surface. ❑ No,this mine site is NOT in any of the 20 Coastal Counties. if this site is in one of the 20 Coastal Counties,you may be required to apply for an additional State Stormwater Permit Check with your local Regional Office(see contact Information and checklist below). 18) Is this mine located the Neuse,Tar-Pamlico,or Catawba River Basins,or the Randleman or Jordan Water supply Watersheds? 11 No ❑ Yes If yes,what size stream buffers are included on site? ft. You must show buffers on site plans. Also Include information and plans showing diffuse flow through buffers as required. Page 3 of 12 Last revised 9h 0/2015 SWU-NCG02-NOI NCG020000 N.O.I. Discharae Points, Receiving Waters &Wetlands: 19) Receiving waters: What is the name of the body or bodies of water(creek,stream,river,lake,etc.)that the facility stormwater and/or wastewater discharges will end up in? cawcawswamP To find the waterbody,please see the NC Surface Waterbody Classifications map at https://deq.nc.gov/aboutfdivisions/water-resourceslwater-resou rces-science-data Receiving water classification(s)for the waters: csw If the site will discharge to a separate storm sewer system,name the operator of the separate storm sewer system(e.g.City of Raleigh municipal storm sewer). Discharge of wastewater to receiving waters classified as WS41 through WS-V,or SA,must be approved by the Division of Water Resources (DWR) or Division of Marine Fisheries (DMF). DEMLR cannot grant coverage under NCG020000 without that approval. Also be advised that no new discharges of wastewater are permitted In receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to saltwater ORW will not be approved under General Permit NCG02 but may be eligible for an individual permit. 20)Will this mine site discharge wastewater or stormwater to waters classified as High Quality Waters (HQW),Primary Nursery Areas(PNA),Trout(Tr)waters,or a class with a symbol like"+"or"a&"that denotes a special management strategy is in place? 8 No ❑ Yes,HQW* ❑ Yes,includes"+"or ❑ Yes, PNA* ❑ Yes,Trout jr) 21)Will this mine site discharge wastewater or stormwater to waters classified as Shellfish(SA)waters? 9 No ❑ Yes, SA* *For questions 19-20, be advised that the NCG02 General Permit limits the discharge volume of total combined wastewaters to 50 percent of the receiving water in-stream flow under 7Q 10 conditions in HQW waters(PNA and SA waters are considered HQW by definition). You maybe required to contact USGS to obtain a 7Q1 0 flow. 22)Will this mine site discharge wastewater or stormwater to Impaired waters,or to waters with an approved"Total Maximum Daily Load"(TMDL)? To find impaired waters&TMDLs,please see the Impaired Waters Map&TMDL map on https:lldeq.nc.goviabout/divisions/water-resources/water-resources-science-data N No ❑ Yes,these waters are impaired for(list pollutants): ❑ Yes,these waters have a TMDL for(list pollutants): Page 4 of 12 Last revised 8/1012015 SWU-NCG02-NOI NCG020000 N.O.I. 23) List discharge points(outfalls)that convey discharge from the mine site(both on-site and off-site)and location coordinates. Attach additional sheets if necessary, or note that this information is specified on the site plan. Include proposed maximum daily flow rate for each wastewater outfall. You must show all discharge points clearly on the submitted site plan. Be advised that NCDEQ may require you to apply for an individual permit, based on proposed discharge rates and receiving stream conditions (low flows, impairments, etc.) Stormwater tJ Stormwater Outfall No. N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): StormwaferOutfall No. N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): Stormwater Outfall No. N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): Stormwater Outfall No. N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): Stormwater Outfall No. N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude (degrees/minutes/seconds or decimal degrees): Stormwater Outfall No. N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): Mine Dewatering Mine Dewatering(Wastewater) Outfall No. 1 Proposed maximum flow rate:gnnnnaGPD Latitude(degrees/minutes/seconds or decimal degrees): see Plana N Longitude (degrees/minutes/seconds or decimal degrees): W Mine Dewatering(Wastewater)Outfal/No. Proposed maximum flow rate: N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): Process Wastewater Process Wastewater Outfall No. Wastewater Description: Proposed maximum flow rate: N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): Process Wastewater Outfall No. Wastewater Description: Proposed maximum flow rate: N Latitude(degrees/minutes/seconds or decimal degrees): W Longitude(degrees/minutes/seconds or decimal degrees): Page 5 of 12 Last revised 9/10/2015 SWU-NCG02-NOI NCG020000 N.O.I. 24) Help us understand what will happen to the dewatering water at this mine site: ❑ N/A—this mine is not dewatering at ail and will not dewater In the future. a) Will this mine be dewatering and discharging to waters of the state?(Answer only if dewatering) O No Yes If yes,where to? P Surface Waters and/or Wetlands(on-site or off-site) O Other(on-site or off-site) Describe: b) Will this mine be dewatering but not discharging to waters of the state?(Answer only/f dewatering) 0 No 9 Yes If yes,explain how you are dewatering,and where that water will be directed: The dewatering will be by pumping and the discharge will return to the wetlands. 26)Are there wetlands or surface waters within 400'of the mine pit perimeter? O No P Yes If yes,what distance are they from the mine pit perimeter? 50 feet. 26) Will mining operations require dewatering near wetlands or other waterbodies,and will dewatering potentially impact any wetlands or other waterbodles? O No,dewatering will not occur near(within 400')of wetlands or other waterbodies(e.g.,streams,lake,etc.) I Yes,dewatering will be near wetlands or other waterbodies Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement a Pumping Operation and Monitoring(POM)Plan that has been approved by the Department. For sites that may drain wetlands—approval of a POM Plan may be required prior to coverage under this_ The POM Plan should be submitted to the appropriate Regional Office and in all cases must be approved prior to operation. The plan shall include,but is not limited to:(1)Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts,and(2)Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at the end of the application.Contact the Regional Office for questions specific fo your mine. 27) Have you been required to obtain 4041401 Certification permits? ❑ No 9 Yes if yes,please briefly describe below(include information such a required mitigation, BMPs, setbacks, andlor O&M plans for on or off-site wetlands or other pertinent information). Attach other sheets as necessary. See attached Page 6 of 12 Last revised 5/10/2015 SWU-NCG02-NOI NCG020000 N.O.I. 28) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? ❑ No a Yes If yes, please attach to application submission. Stormwater BMPs and Vehicle Maintenance: 29) Does this facility employ best management practices for stormwater control? ❑ No ❑ Yes If yes, please briefly describe: �jI )F�- 30) Does this facility have a Stormwater Pollution Prevention Plan? 01% No ❑ Yes If yes, when was it implemented? 31) Are vehicle maintenance activities(VMA)occurring or planned at this mine site? ❑ No ❑Yes, If yes, will VMA area runoff discharge into the wastewater treatment system(s)? 1 n ❑ No,VMA runoff will discharge separately through a stormwater outfall NIT' ❑ Yes, VMA runoff will drain back to the mine pit or other wastewater system Wastewater Treatment Facilities: 32) Will mine dewatering occur? (Yes,we are asking about dewatering again.) ❑ No 9 Yes If yes,will the mine discharge this water?Yes, See plans 33) WIII this facility wash mined materials? A No ❑ Yes If yes, will the mine discharge this water? 34) Will discharges of process wastewater treatment systems occur(including possible recycle system overflows)? e No ❑ Yes If yes, describe what kind of systems: 36) Will this facility employ chemical additives to flocculate suspended solids? 11 No ❑ Yes If yes, provide the name, manufacturer, and the quantity of average daily usage of the chemical additive(if known): Note: Please see our website for a list of evaluated polyacrylamide(PAMS)products for use in North Carolina: htips://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-permits/ construction-sw 36) Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that exceed the 10-yr, 24-hr rainfall event? \�❑ Yes If yes,which treatment systems are those? \II \v ❑ No, all wastewater treatment facilities will discharge more frequently(i.e., during smaller rain events) Page 7 of 12 SWU-NCG02-N01 Last revised 9/1012015 NCG020000 N.O.I. 37) Are wastewater treatment facilities(including recycle systems) planned in the 100-year flood plain? ❑ No O /W ❑ Yes 38) A wastewater treatment alternatives review Is required by 15A NCAC 2H.0105(c)(2) for any now or expanding water pollution control facility discharges In North Carolina. You may attach additional sheets. List the types of wastewater this mine site will discharge: d Mine Dewatering ❑ Process Wastewater(such as washing or recycle system overflows,other mining activity wastewater) a) What wastewaters were considered for this alternatives review? Dewatering Cl Process W W b) Connection to a Municipal or Regional Sewer Collection System: i) Are there existing sewer lines within a one-mile radius? ..................................... ❑Yes 0✓ No (1) If Yes,will the wastewater treatment plant(WWTP)accept the wastewater?....❑ Yes ❑ No (a) If No, please attach a letter documenting that the W WTP will not accept the wastewater. (b) If Yes,is It feasible to connect to the W Wf P?Why or why not?' c) Closed-loop Recycle System(meets design requirements of 15A NCAC 2T.1000): i) Are you already proposing a closed-loop recycle system(CLRS)?......................... ❑ Yes 11 No (1) if Yes,for what type of wastewater at this mine site? ❑ Dewatering ❑ Process WW (2) If No, is This option isonot to nio10 calaly feasibile for practicial and fiinanica reasons (3) If No, is it otherwise feasible to build a CLRS at this site? Why or why not?' This option is not otherwise feasible for practical and financial reasons. (4) What Is the feasibility of building a CLRS compared to direct surface water discharge?' This option is not feasible for practical and financial reasons.The discharge will only occur w en—groundwater levels overflow out of the mining area. d) Surface or Subsurface Disposal System(e.g.,spray Irrigation): i) Is a surface or subsurface disposal technologically feasible(possible)? ..................... ❑ Yes M No Why or Why not?" This option Is not technologically feasibile for )racticial and finanical reasons ii) Is a surface or subsurface disposal system otherwise feasible to implement?'............ ❑Yes 11 No Why orWhy not?' This option is not otherwise feasibile to Implement for practicial and finanical reasons Page 8 of 12 Last revised 9110/2015 SW U-NCG02-NOI i NCG020000 N.O.I. ! iii) What is the feasibility of employing a subsurface or surface discharge as compared to a direct discharge to surface waters?* This option Is not feasible for practical and financial reasons.The discharge will only occur when groundwater levels overflow out of the mining area e) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound alternative of all reasonably cost-effective options for the wastewaters being considered?* 8 Yes ❑ No f) If this review included all wastewater discharge types,would excluding some types(e.g.mine dewatering)make any of the above non-discharge options feasible for some of the wastewaters? ❑Yes 9 No *Feasibility should take into account initial and recurring costs. You may be asked to provide further information to support your answers to these questions after the initial review. Oth 39) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment,Storage,or Disposal Facility? d No ❑ Yes b) Is this facility a Small Quantity Generator(less than 1000 kg.of hazardous waste generated per month)of hazardous waste? d No ❑ Yes c) Is this facility a Large Quantity Generator(1000 kg.or more of hazardous waste generated per month)of hazardous waste? N No ❑ Yes d) If you answered yes to questions b.or c.,please provide the following information: Type(s)of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport/disposal vendor. Vendor address: 40) is your facility providing appropriate secondary containment for bulk storage of liquid materials? (See permit text for secondary containment requirements.) 9 No ❑ Yes 41) Does your site have an active landfill within the mining permit boundary? 9 No ❑ Yes If yes,specify type: ❑ LCID(Land Clearing and Inert Debris) ❑ Other. Page 9 of 12 SWU-NCG02-NOI Last revised 9/10/2015 NCG020000 N.O.I. Final Checklist: This application will be returned as incomplete unless all of the following Items have been Included and initialed for. Please show that the following required Information has been Included by Initialing in each space below. Fee of$100 made payable to NCDEQ. Completed application and all supporting documents. Copy of the valid approved mining permit(MP)for the facility or indication of MP application status. Copy of a county map or other general location map that shows the mining site and nearest major roads. Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams,wetlands, and other waters, etc. 4Y2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with all outfalis, applicable buffers and wetlands clearly delineated, receiving waters, and 100-year flood plain line if applicable. A copy of your US Army Corps-approved wetland delineation if you marked"yes"to question 27 above. Aline drawing of the water flow through the facility or block flow diagram. A pictorial description of the nature of any sources of water and any collection and treatment measures. If mine site is in one of the 20 Coastal Counties: Applicant has checked with the appropriate regional office to verify th� need for a Coastal State • Stormwater permit. Indicate the Regional Office Contact: (!/ tic., 9/0-79b-72,1 S • Applicant has included a detailed list of impervious surface areas and percentages, sub-drainage areas, and total drainage area. �li f the mine is dewatering and near wetlands,or may otherwise impact surface waters or groundwater, Include the following and contact vour local regional office about a Pumping Operation and M storing (POM)Plan. An approved POM plan may be required orlorto NCGD2 Issuance. 2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the flans and listing acreage (including: wetlands, ditches, well-placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas settling basins, product process (such as screening, stockpiles,waste p,iles), total drainage area, impervious surface percentages (if state SW programs apply), applicable buffers, and access and/or haul roads). _giPump dewatering size and information on its specifications. INLI ,Well information (design, depths, maintenance). Physical monitoring for the wetlands areas. N Settling pond sizing information, if applicable. N �3Level spreader design, if applicable. N Details about dewatering method. N Cone of influence calculations. Description of measures to prevent erosion and flooding. Qk,Description and information about 401/404 permits that have been obtained. Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation(if A*applicable). '�H have contacted my local regional office about a POM Plan. Regional Office Contact: Wilmq-f- a n 910-Kyb'12ISDate contacted: 25 I S -OR- I will not Impact any nearby wetlands,surface waters,or groundwaters by dewatering. Page 10 of 12 Last revised 9/10/2M SWU-NCG02-NOI NCG020000 N.O.I. Certification: North Carolina General Statute 143-216.6 b(1)provides that: Any person who knowingly makes any false statement,representation,or certificatlon In any application,record,report,plan,or other document filed or required to be maintained under this Article or a rule Implementing this Article;or who knowingly makes a false statement of a material fact In a rulemaktng proceeding or contested case under this Article;or who falsiftes,tampers with,or knowingly renders Inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the i [Environmental Management]Commission Implementing this Article shall be guilty of a Class 2 misdemeanor which may Include a fine not to exceed ten thousand dollars($10,000). 41) Signatory Requirements(per40 CFR 122.22) All applications,reports,or Information submitted to the Director shall be signed and certified. a.All notices of Intent to be covered under this General Permit shall be signed as follows: (q For a corporation: by a responsible corporate officer. For the purpose of this permit,a responsible corporate officer means:(a)a president, secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs slmIlar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million(in second quarter 1980 dollars),If authority to sign documents has been assigned or delegated to the manager In accordance with corporate procedures. (2)For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3)For a municipality,state,federal,or other public agency: by either a principal executive officer or ranking elected official. I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s)and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this 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 not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C.statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize 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 best of my knowledge and belief such Information is true,complete,and accurate. Printed Name of Person Signing: Brandon Hardee Title: Mine Manager r (Date Signed) (Signature of Applicant) Notice of Intent must be accompanied by a check or onev order for$100.00 made payable to NCDEQ. Page 11 of 12 SWU-NCG02-NOI Last revised 9/10/2015 NCG020000 N.O.I. Mall the entire package to: DEMLR-Stormwater Program Dept.of Environmental Quality 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Note The submission of this document does not guarantee coverage under the NPDES NCG02 General Permit. Upon review of the submittal,the Division may determine that coverage under an individual permit is more appropriate. Also be advised that renewed and continued coverage under NCG02 may be dependent upon the permittee's compliance success and/or status of the receiving waters. For questions,please contact the DEMLR/Land Quality Section Regional Office for your area. DEMLRIL nd Quality section Regional Office Contact inforination: o � y Win ton Solo &l' Asheville Office...... (828)296-4500 of 9h Fayetteville Office ... (910)433-3300 Mooresville Office... (704)663-1699 Raleigh Office........ (919)791-4200 igCeTGLv'Ile or Io Washington Office...(252)946-6481 Wilmington Office ... (910)796-7215 Ott ilia - Winston-Salem ...... (336)776-9800 Central Office.........(919)707-9220 l ngi t ol / Wan Page 12 of 12 Last revised 911012015 SWU-NCG02-NOI