CU3387_New_2024_FinalPermit

ROY COOPER Mc3T1d[a
Governor .
ELIZABETH S.B1SER
Secretary
RICHARD E. ROGERS,JR, '
Director
NORTH CAROLINA
Environmental Quality
June 21, 2024
Mr. Ely Perry, III CERTIFIED MAIL
Smith Brewer Farms,LLC (Speight Pit) RETURN RECEIPT REQUESTED
P.O. Box 1475 7022 0410 0003 1046 8921
Kinston,NC 28503 9590 9402 6135 0209 231132
Subject: CCPCUA Permit No. CU3387 for
Smith Brewer Farms, LLC (Speight Pit) in Lenoir County
Dear Mr. Perry:
In accordance with your application dated May 8, 2024, and associated documentation,we are forwarding
Permit No. CU3387 for water use in the Central Coastal Plain Capacity Use Area in Lenoir County. This
permit allows for the withdrawal of water for the purpose of mine dewatering.
Enclosed with this package are forms DWR CCPCUA-4 and DWR CCPCUA-6. Form DWR CCPCUA-4 is
for reporting water withdrawals, in accordance with Sections I. C. and IV. A. of your permit. Form DWR
CCPCUA-6 is for reporting ground water levels, in accordance with Sections II. B. and IV. B. of your permit.
If you are not already doing so, DWR requests you submit your monthly water withdrawal and water level
information using our online system. By doing so you will not need to mail the Division a signed hard copy.
The CCPCUA online permit renewal application, water withdrawal and levels reporting forms are at:
http://www.newater.org/CCPCUAreportonline
If you do not have internet access then please make as many copies as necessary and send forms on a monthly
basis to the address on the top of the forms.
This permit is effective from the date of issuance until June 30 2029, and is subject to the conditions and/or
limitations contained therein. In order for this permit to continue uninterrupted,please apply for permit
renewal at least three (3) months before the expiration date.
Sincerely,
J�
Gabrielle Chianese,Branch Head
Groundwater Resources Branch
Division of Water Resources
North Carolina Departinent of Environmental Quality-Division of Water Resources
WE�Ws
Mailing address: 1611 MSC,Raleigh NC 27699-1611
woarionaounn Physical address:512 North Salisboq•Streo,Raleigh NC 27604
nw.mm.�oiumm�m.�mn�.m�
�/ 919.707.9000

North Carolina
Environmental Management Commission
Department of Environmental Quality
Permit For The Withdrawal And Use Of Water
In The Central Coastal Plain Capacity Use Area
In accordance with the provisions of Part 2,Article 21 of Chapter 143,General Statutes of North Carolina as
amended, and any other applicable Laws,Rules and Regulations
Permission Is Hereby Granted To
Smith Brewer Farms. LLC (Speight Pit)
FOR THE
WITHDRAWAL AND USE OF WATER FROM ONE (1) SUMP in the SURFICIAL aquifer,defined in Title
15A NCAC 02E .0507, which will be used for mine dewatering.The withdrawal source is located in Lenoir
County,North Carolina,and will be operated in accordance with the grantee's application dated May 8,2024,
and any supporting data submitted with the application,all of which are filed with the Department of
Environmental Quality and are considered part of this Permit.
This permit is for withdrawal and use of groundwater in the Central Coastal Plain Capacity Use Area and shall
be in compliance with Title 15A NCAC 02E .0502 and 0.0504,and any other Laws,Rules,and Regulations
pertaining to groundwater withdrawals.
This Permit shall be effective,unless revoked,from the date of its issuance until June 30,2029 and shall be
subject to the specified conditions and/or limitations contained in Sections I- X of this Permit.
Permit issued this the 21s' day of June.2024
By Authority of the NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
BY
Richard E.Rogers,Jr.
Director,Division of Water Resources
By Authority of the Secretary of the Department of Environmental Quality
PERMIT#CU3387 CCPCUA/Mine Dewatering Permit Page 1 of 5
Ver.01/30/2024

CCPCUA Water Use Permit#CU3387 for Smith Brewer Farms,LLC(Speight Pit)
I. WITHDRAWALS
A. USE
Pursuant to rule 15A NCAC 02E .0502,this Permit allows the withdrawal of water for the purpose
of mine dewatering .
B. RATES OF WITHDRAWALS
The maximum quantity of water that may be withdrawn from the Surficial aquifer shall not exceed
1,440,000 gallons per day (GPD) [15A NCAC 02E .0502 (i)].
C. SOURCE(s) OF WITHDRAWALS
Ground Water Source(s): Withdrawals shall be made from one(1) of sump in the Surficial aquifer.
D. MONITORING OF WITHDRAWALS
Withdrawals from each source,whether well or sump,shall be measured by an approved metering
device equipped with a totalizing indicator,and having an accuracy within plus or minus five
percent [15A NCAC 02E .0502 (e)(1)].
II. WATER LEVELS
A. MAXIMUM DRAWDOWN LEVELS
1. Pump intakes for the sump(s) shall not be set more than 27 ft below land surface (elevation of
12 ft Mean Sea Level) without prior approval of the Division of Water Resources [15A NCAC
02E .0502(i) ].
2. In the event that data from the permitted wells or other wells within the zone influenced by
pumping of the permitted wells indicates a deterioration of quality or quantity in surrounding
aquifers or the source aquifer,an alternate maximum pumping level may be established by the
Division of Water Resources 115A NCAC 02E .0502
B. ` MONITORING OF WATER LEVELS
I. Thel2umpin water level of the pit,as defined in Title 15 NCAC .0507 (17), shall be measured
once a month when dewatering activities are taking place onsite [15A NCAC 02E .0502 (e)(2)]:
a, by a steel or electric tape from a fixed reference point,or by using the air-line method
b. within accuracy limits of plus or minus one percent,and
c, just prior to shutting off the pump,or after sufficient time of pumping,so that a maximum
drawdown may be obtained.
2. The static water level of the pit,as defined in Title 15 NCAC .0507 (23), shall be measured once
a month if no dewatering activities are taking place onsite 115A NCAC 02E .0502 (e)(3)1:
a. by a steel or electric tape from a fixed reference point,or by using the air-line method
b. within accuracy limits of plus or minus one percent,and
c, after the pump is shut off for approximately 12 hours.
PERMIT#CU3387 CCPCUA/Mine Dewatering Permit Page 2 of 5
Ver.01/30/2024

CCPCUA Water Use Permit#CU3387 for Smith Brewer Farms,LLC(Speight Pit)
3. Unused supply wells or other suitable wells may be employed as observation wells,as defined in
Title 15 NCAC .0507(16),to be monitored when such monitoring is specified by the Division of
Water Resources and when pertinent to observation or evaluation of the effects of withdrawals
made under this permit [15A NCAC 02E .0502 (e)(5)].
III. OTHER PROVISIONS
A. WELL CONSTRUCTION APPROVAL
No new wells shall be constructed without prior approval from the Director of Water Resources
[15A NCAC 02E .0502(f)].A Well Construction Permit shall be required prior to the construction
of any well that will be used to withdraw any portion of the water regulated under this Permit.
Application for these permits must be submitted to the Washington Regional Office,Water Quality
Regional Operations Section,943 Washington Square Mall • Washington,NC 27889.
A copy of the Well Construction record (GW-1) shall be submitted to the Division of Water
Resources' CCPCUA program and the Water Quality Regional Operations Section within 30 dam
upon completion of the well construction [15A NCAC 02C .0105].
B. ACCESS TO FACILITIES
The Environmental Management Commission and employees of the Department of Environmental
Quality shall have reasonable access to areas owned and under control of the permittee for
observation and inspection of water use and related facilities pertinent to the provisions of this
permit and other regulations [15A NCAC 02E .0504].
IV: REPORTS REQUIRED
A. WITHDRAWALS
Monthly reports of daily withdrawal totals from each well or sump shall be furnished to the
Division no later than 30 days after the end of each calendar month [15A NCAC 02E .0502 (e)(1)].
B. WATER LEVELS
Water level measurements for each supply well shall be measured in accordance with Condition II.
B. 1, of this permit and submitted to the Division not later than 30 days after the end of the calendar
month in which the measurement was taken [15A NCAC 02E .0502 (e)(2),(3)].
V. MODIFICATION OR REVOCATION
A. MODIFICATION
1. The Permittee must notify the Director of any proposed major changes in usage and apply for a
modification of the permit for such changes or for any revisions of the terms of this permit.
PERMIT#CU3387 CCPCUA/Mine Dewatering Permit Page 3 of 5
Ver.01/30/2024

CCPCUA Water Use Permit#CU3387 for Smith Brewer Farms,LLC(Speight Pit)
2. Pursuant to §143-215.15,the Director may modify the terms of the permit,after 60 days written _
notice to the permittee,if he finds that the terms of the permit and/or the resulting water use are
found to be contrary to the purposes of the Water Use Act of 1967 or contrary to public interest
or having an unreasonably adverse effect upon other water uses in the capacity use area.
Modifications may include,but are not limited to, requirements for alternate pumping levels or
the collection,analysis,and reporting of ground or surface water quality samples.
B. REVOCATION
Pursuant to §143-215.15 and §143-215.16,the Director may revoke the permit if he finds that:
1. the Permittee has violated the terms of the permit; or
2. the terms of the Permit and/or the resulting water use are contrary to the purpose of the Water
Use Act of 1967 or contrary to the public interest or having an unreasonably adverse effect upon
other water uses in the capacity use area and cannot be cured by modification; or
3, the Permittee made false or fraudulent statements in the application for the water use permit; or
4. water withdrawn under the terms of the permit is used for purposes other than those set forth in
the permit.
VI. CONSTRUCTION OF PERMIT
A. The terms and conditions shall not be construed to relieve the Permittee of any legal obligation or
liability,which it owes or may incur to third parties as the result of the conduct of its operations in
conformity with this Permit.
B. When under the terms hereof,any provision of this Permit requires approval of the Department or
becomes effective at the discretion of the Department,the notice of approval or the exercise of such
discretion shall be evidenced by written instrument issued by the Department.
C. The terms and conditions of this Permit shall not be construed as a limitation of the powers,duties,
and authority vested in the Environmental Management Commission or any other State,Federal,or
local agency,or any applicable laws hereafter enacted.
VII. ADDITIONAL CONDITIONS
A. This Permit shall be subject to any limitations or conditions in other State permits, including but not
limited to permits required pursuant to North Carolina General Statutes §143-215.1.
B. Issuance of this Permit shall have no bearing on subsequent State decision(s) regarding any other
water use or other permit application(s) submitted or which may be submitted by the Permittee, its
successors or assigns.
C. Compliance with the terms and conditions in this permit does not relieve the permittee of
compliance with any provision,now in force or hereafter enacted or promulgated,of the Water Use
Act of 1967,the regulations promulgated thereunder,or any other provision of State law.
PERMIT#CU3387 CCPCUA/Mine Dewatering Permit Page 4 of 5
Ver.01/30/2024

CCPCUA Water Use Permit#CU3387 for Smith Brewer Farms,LLC(Speight Pit)
VIII. PENALTIES
Violations of the terms and conditions of this Permit are subject to penalties as set forth in North
Carolina General Statutes §143-215.17.
IX. PERMIT NONTRANSFERABLE
Pursuant to North Carolina General Statute §143-215.16(b),Water Use Permits shall not be transferred
except with approval of the Environmental Management Commission.
X. RENEWAL OF PERMIT
Permits may be renewed following their expiration upon compliance with the provisions of §143-
215.15. Upon receipt of the request,the Commission will review the adequacy of the facilities described
therein,and if warranted,will extend the permit for such period of time and under such conditions and
limitations as it may deem appropriate.
PERMIT#CU3387 CCPCUA/Mine Dewatering Permit Page 5 of 5
Ver.01/30/2024

\ } 0 }
-
\ ! ) } ! ) } ! )
\ ) \
\ \ \
) / /
§ 4 �
§ f e y
z ��cn 0 =
» §
j �
7 iF
» )
C ° - 0o
> ) / k ) \ k § \ m
� \
§ \ u to
$ § \ !
k
j
k ) \ { / ) ) E _
\ \ ) \D /
0 .2 k k ! \
\ e !
)
0 ) [ } } } co
LO
\ � ! �
k ) \ ) ) \ ) k \
0 a)« !
�¢/\
��/\
d0
0 � )

N
N
3 <
V ❑
L_
m
0
O o
N N >
m (n I j I I IK
N
W
N
T
O �
z O N
W v N
n O
x
0 0
m �I
U M
N M
L =
U U
E
a
N
O
N
N
N
N
E
W T
Y �
a s `w
n
_ N
10 0
Y N N
C rn
N U
E w� � o
c
W N N
O y ¢ m
Y O @ y N
C N do))
E N (� O y m w
C `m 2 U
16 �p Z s E w rn
y 3:U) oU m E N
Z ..
O L o
O
y LL v
> o K Q
U N
0
F
o
Z
`m
}
N
c
VI
d
W m
t 7
O
U
{yao ` m ` aro
N N N N N N N N N N M M Q
I L 0 E > > >O, L ❑ O O O O O O p 0@ A A@ N N N N N N N N N N N N N N N N N N d U
,C � C � 0 0 0 O O 0 O O O ❑ O O O O O O O O O O O ❑ � C
O
C E n
LL 3 m o