NCG020683_COMPLETE FILE - HISTORICAL_20110513

1
PERMIT NO.
DOC TYPE
DOC DATE
STORMWATER DIVISION CODING SHEET
NCG PERMITS
�vc.�0av��3
ly' HISTORICAL FILE
0 MONITORING REPORTS
o aoli osi3
YYYYMMDD

Compliance Inspection Report
Permit: NCG020683 Effective: 06/13/11 Expiration: 12/31/14 . Owner: Gamer Construction Company Inc
SOC: Effective: Expiration: Facility: Nine Foot Road Mine #2 - Newport
County: Carteret 601 Nine Foot Rd
Region: Wilmington
Newport NC 28570
Contact Person: Morgan Gamer Title: Phone: [phone]
Directions to Facility:
Mine is located on 9 Foot Rd (SR 1124), Approx. 1.25 miles east of US Highway 70, Newport, NC.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 07/31/2014 Entry Time: 12:OOPM Exit Time: 12:30PM
Primary Inspector: Brian P Lambe Phone:
Secondary Inspector(s):
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)
Page: 1

Permit: NOG020683 Owner - Facility: Gamer Construction Company Inc
Inspection Date: 07/3112014 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Mine site currently pumping from pit 2 to pit one. Pit one discharges to the ditch over a rock weir. No sampling data is in
the database for this site. Submit sampling data for last three years to Wilmington Regional Office.
Page: 2

d
permit: NCG020683 Owner - Facility: Gamer Construction Company Inc
Inspection Date: 0713112014 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
E
❑ ❑ ❑
# Does the Plan include a General Location (USGS) map?
❑ ❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
❑ ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
■
❑ ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑
❑ ❑ E
# Has the facility evaluated feasible alternatives to current practices?
0
❑ ❑ ❑
# Does the facility provide all necessary secondary containment?
0
❑ ❑ ❑
# Does the Plan include a BMP summary?
0
❑ ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑
0 ❑ ❑
# Does the Plan indude a Preventative Maintenance and Good Housekeeping Plan?
❑
0 ❑ ❑
# Does the facility provide and document Employee Training?
❑
0 ❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑ ❑ ❑
# Is the Plan reviewed and updated annually?
❑
❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑
0 ❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
0
❑ ❑ ❑
Comment: Empty bottles of oil and hydrolic fluid on site must be disposed of properly_
Qualitative Monitoring
Yea No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ❑ ❑
Comment:
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑
Comment: No records of samples submitted to Central office.
Permit and Qutfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ 0 ❑ ❑
# Were all outfalls observed during the inspection? 0 ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ❑
# Has the fadlity evaluated all illicit (non stormwater) discharges? E ❑ ❑ ❑
Comment:
Page: 3

If you have any questions regarding this permit package please contact the DWQ Stormwater Permitting Unit at
919-807-6300.
Sincerely,
ORIGINAL SIGNED B>
KEN PICKLE
for Coleen H. Sullins
cc: DWQ Central Files
Stormwater Permitting Unit Files
Wilmington Regional Office, Linda Willis
.-MAY 1--3 -2011

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Morgan L. Garner
Garner Construction Co.
5970 Highway 70
Newport, NC 28570
Dear Permittee:
Division of Water Quality
Coleen H. Sullins
Director
May 13, 2011
Dee Freeman
Secretary
Subject: NPDES Stormwater Permit Coverage Renewal
Nine Foot Mine #2
COC Number NCG020683
Carteret County
In response to your renewal application for continued coverage under Stormwater General Permit NCG020000
received April 28, 201 1; the Division of Water Quality (DWQ) is forwarding herewith the reissued Certificate of
Coverage and stormwater General Permit. This permit is reissued pursuant to the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S.
Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended.)
The following information is included with your permit package:
• A new Certificate of Coverage
• A copy of the Stormwater General Permit
• A copy of a Technical Bulletin for the General Permit
• Five copies of the Discharge Monitoring Report (DMR) Form
• Five copies of the Annual Discharge Monitoring Report Form (if applicable)
• Five copies of the Qualitative Monitoring Report Form
The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to
stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to
familiarize yourself with all changes in the reissued permit. Significant changes to the General Permit are
outlined in the attached Technical Bulletin.
Your coverage finder the General Permit is transferable only through the specific action of DWQ.
This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor
does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law,
rule, standard, ordinance, order, judgment, or decree.
Wetlands and Stormwater Branch
1617 Mail Service Center, Rale'gh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity L Affirmative Action Employer
North Carolina
Adurallry

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020683
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,
Garner Construction Co.
is hereby authorized to discharge stormwater from a facility located at
Nine Foot Road Mine #2
Nine Foot Road
Newport
Carteret County
to receiving waters designated as Newport River, a class C waterbody in the White Oak River Basin in
accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
11, II1, IV, V, and VI of the General Permit as attached.
This certificate of coverage shall become effective May 13, 2011.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 13, 2011.
ORIGINAL SIGNED B)
KEN PICKLE
far Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

CAROLINA GEOLOGICAL SERVICES, INC.
April 4, 2011 LAPR
�;ivED
Mr. Rick Shiver 4 5 2011NCDENR, Div. of Water Quality, Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Notice of Violation, NOV-2011-PC-0217
Nine Foot Rd. Mine #2, NCG020683, Merrimon Mine, NCG020555
Dear Mr. Shiver;
I am writing in response to your Ietter of March 30, 2011 to Garner Construction
Company regarding the above -described Notice of Violation for their two mine sites.
The NOV was issued after an inspection on February 22, 2011 revealed that the sites did
not have a Stormwater Pollution Prevention Plan, and had not submitted annual
monitoring reports. Garner Construction Company immediately contacted me and asked
me to assist them in bringing the sites into compliance with their permits.
Neither site had discharged any stormwater or mine dewatering wastewater during 2010,
and Annual Discharge Monitoring Reports were sent to your office with this information
on February 25, 2011, as acknowledged in your letter. Garner Construction Company
will continue to monitor any pit discharges on a quarterly basis as required in the permit.
Stormwater Pollution Prevention Plans were prepared for each site before March 1, and
were placed on file in the Garner Construction Company office in Newport, NC. We
were not aware that these Plans were required to be submitted to the regional office. It
was our understanding of the permit requirements that the Plans were to be kept on file in
the facility office and available for inspection upon request. Please find enclosed with
this letter a copy of the main text of the plans, along with some of the appendix
information included in the original binders. Note that the Plans on file in the main office
are quite bulky, and are kept in a 3-ring binder. It is hoped that the information included
herein will sufficient for your review. If you need any further information, please let me
know.
Sincerely,
James C. Izzell, Jr., PG
enclosures
P.O. BOX 429, GARNER, NC 27529 (91 9)779-0017 FAX: [phone]
OFFICES AT 1 01 WEST MAIN STREET, GARNER, NC

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 30, 2011
Mr. Morgan Garner
5970 Highway 70
Newport, NC 28570
APB 05 2011
Subject: NOTICE OF VIOLATION for Permit Conditions
NOV-20t 1-PC-0217
Nine Foot Road Mine #2 NCG020683 (Onsiow County)
Merrimor. Mine NCGO20555 (Carteret County)
Dear Mr. Garner:
On February 22, 2011, a site inspection and record review was conducted by Division Representative, Linda
Willis, for the two mine site facilities, wine root Road Mine in Newport and the Merrimon Mine in Merrimon.
A record review revealed the fallowing violations:
Item! 1. Stormwater Pollution Prevention Plan (SWP3). As a part of the permit, it is required for you to
devroiop and implement a Stormwater Pollution Prevention Plan. The plan was due on January 1, 2010.
The Division received a letter from you consultant, James f: zell, on February 28, 2011, indicating that a
SWP3 was developed pursuant to the site inspection conducted an February 22, 2011. Please forward a
copy of the SWP3 for each mine site to this office within 5 business days of receipt of this notice.
Item II. Analytical Monitoring. Quarterly monitoring of the pit dewatering discharges is required. Even
though no discharges may occur during any given quarter, there is still a requirement to report that no
discharges have occurred. 'There is also a requirement in the permit to submit an annual monitoring reporl
to the Division. The Division received an annual monitoring report from you consultant on February 28,
2011 for both the Nine Foot Road and Merrimon mine pits.
Thank you for your attention to these matters. Your timely response to the noted violations are appreciated.
Should you have any questions regarding this notice, or you have any questions concerning your NPDES
Permit, please contact Linda Willis with the Wilmington Regional Office at [phone],
Sincerely,
Rick Shiver
Wilmington Regional Supervisor
Division of Water Quality
Surface Water Protection Section
cc: WrRO E=nf. File NOV-2011-PC-0217 (NCG0200M Carteret & Onslow County)
V1tiRO DLR Dan Sams
DWQ CO Files
N. C. Divfibn of Water :Ouafity
Wilmington Regional Office
127 Cardim! Drive Extension, Wllmingban NC 28405
Phone: 910-796•?2151 FAX: [phone]
Custo,-ner Service: 1-877-623-V48
Internet www.n wa;ergUglity,org
An Equal Opwtucity 4 Affrmativd Action emp",
NOneh�:aroltna
,aturall

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director �` Secretary
Apri 1 1, 2011 ` i ;-1 VJ
Morgan L. Garner By APR 0 5 2011
Garner Construction Co.
5970 Highway 70
Newport, NC 28570
Subject: NPDES Stormwater Permit Coverage Renewal
Nine Foot Mine #2
COC Number NCG020683
Carteret County
Dear Mr. Garner:
In response to a request from your consultant, James C. Izzel and the DWQ Wilmington Regional Office, please fill
out the attached Renewal Application Form for NCG020683. Please return an original of the attached form by
April 1, 2011.
If you have any questions contact Jennifer Jones in the DWQ Stormwater Permitting Unit at 919-807-6379.
Sincerely,
Jennifer Jones
Environmental Engineer
DWQ Stormwater Permitting Group
cc: DWQ Central Files
Stormwater Permitting Unit Files
Wilmington Regional Office, Linda Willis
James C. Izzel, Jr. P.G., Carolina Geological Services, Inc., P.O. Box 429, Garner, NC 27529
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone]FAX: [phone] Customer Service: 1-877-623-674B
Internet: www.nc waterqualit .org
An Equal Opportunity 1 Affirmative Action Employer
One .
NorthCarolina
)WA(rall ,

;Iph
II'®C®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 30, 2011
Mr. Morgan Garner
5970 Highway 70
Newport, NC 28570
Subject: NOTICE OF VIOLATION for Permit Conditions
NOV-2011-PC-0217
Nine Foot Road Mine #2 NCG020683 (Onslow County)
Merrimon Mine NCG020555 (Carteret County)
Dear Mr. Garner:
On February 22, 2011, a site inspection and record review was conducted by Division Representative, Linda
Willis, for the two mine site facilities, Nine Fool Road Mine in Newport and the Merrimon Mine in Merrimon.
A record review revealed the following violations:
Item I. Stormwater Pollution Prevention Plan (SWP3). As a part of the permit, it is required for you to
develop and implement a Stormwater Pollution Prevention Plan. The plan was due on January 1, 2010.
The Division received a letter from you consultant, James Izzell, on February 28, 2011, indicating that a
SWP3 was developed pursuant to the site inspection conducted on February 22, 2011. Please forward a
copy of the SWP3 for each mine site to this office within 5 business days of receipt of this notice.
Item II. Analytical Monitoring. Quarterly monitoring of the pit dewatering discharges is required. Even
though no discharges may occur during any given quarter, there is still a requirement to report that no
discharges have occurred. There is also a requirement in the permit to submit an annual monitoring report
to the Division. The Division received an annual monitoring report from you consultant on February 28,
2011 for both the Nine Foot Road and Merrimon mine pits.
Thank you for your attention to these matters. Your timely response to the noted violations are appreciated.
Should you have any questions regarding this notice, or you have any questions concerning your NPDES
Permit, please contact Linda Willis with the Wilmington Regional Office at [phone].
Sincerely,
Rick Shiver
Wilmington Regional Supervisor
Division of Water Quality
Surface Water Protection Section
cc: WiRO Enf. File NOV-2011-PC-0217 (NCG020000 Carteret & Onslow County)
WiRO DLR Dan Sams
DWQ CO Files
N. C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington NC 28405
Phone: [phone] FAX: [phone] L
Customer Service: 1-877-623-6748
Internet: www.ncwatergtiality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturallrk

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 24, 2011
CERTIFIED MAIL #7007 0220 0000 8216 7176
RETURN RECEIPT REQUESTED
Mr. Morgan Garner
601 Nine Foot Road
Newport, NC 28570
Subject: NOTICE OF VIOLATION for Permit Conditions
NOV-201 1 -PC-0217
Nine Foot Road Mine #2 NCG020683 (Onslow County)
Merrimon Mine NCG020555 (Carteret County)
Dear Mr. Garner:
On February 22, 2011, a site inspection and record review was conducted by Division Representative, Linda
Willis, for the two mine site facilities, Nine Foot Road Mine in Newport and the Merrimon Mine in Merrimon.
A record review revealed the following violations:
Item I. Stormwater Pollution Prevention Plan (SWP3). As a part of the permit, it is required for you to
develop and implement a Stormwater Pollution Prevention Plan. The plan was due on January 1, 2010.
The Division received a letter from you consultant, James Izzell, on February 28, 2011, indicating that a
SWP3 was developed pursuant to the site inspection conducted on February 22, 2011, Please forward a
copy of the SWP3 for each mine site to this office within 5 business days of receipt of this notice.
Item II. Analytical Monitoring. Quarterly monitoring of the pit dewatering discharges is required. Even
though no discharges may occur during any given quarter, there is still a requirement to report that no
discharges have occurred. There is also a requirement in the permit to submit an annual monitoring report
to the Division. The Division received an annual monitoring report from you consultant on February 28,
2011 for both the Nine Foot Road and Merrimon mine pits.
Thank you for your attention to these matters. Your timely response to the noted violations are appreciated.
Should you have any questions regarding this notice, or you have any questions concerning your NPDES
Permit, please contact Linda Willis with the Wilmington Regional Office at [phone].
o� Sincerely,
I � Rick Shiver
Wilmington Regional Supervisor
5` , .1t►"�" Division of Water Quality
Surface Water Protection Section
cc: ; WiRO Enf. File NOV-2011-PC-0217 (NCG020000 Carteret & Onsiow County)
WiRO DLR Dan Sams — - - --
DWQ CO Files
N. C. Division ai Water Quality QQQ
127 Cardinal
l eg Drive Extension,
Office r 9
127 Cardinal Drive Extension, Wilmington NC 28405 J -
Phone: [phone] t FAX: [phone] One
Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer

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Compliance Inspection Report
Permit: NCG020555 Effective: 01/01/10 Expiration: 12/31/14 Owner: Garner Construction Company Inc
SOC: Effective: Expiration: Facility: Merrimon Mine - NW of Open Grounds
County: Carteret Merrimon Rd
Region: Wilmington
Beaufort NC 28516
Contact Person: Morgan Garner Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Certification: Phone:
Inspection Date: 0212212011 Entry Time: 12:00 PM Exit Time: 02:00 PM
Primary Inspector: Linda Willis 7fWda Lk)&QA_� WbLk ,Zq t oil Phone: [phone]
Secondary Inspector(s): C` 3 2 . `-t I C'►fc L L�1
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Mining Activities Stormwater Discharge COC
Facility Status: ❑ Compliant N Not Compliant
Question Areas:
E Storm water
(See attachment summary)
Page: 1

Permit: NCG020555 Owner - Facility: Garner Construction Company Inc
Inspection Date: 02/22/2011 Inspection Type: Compliance Evaivation Reason for Visit; Routine
Inspection Summary:
Please provide this office with a copy of the stormwater pollution prevention plan within 5 days of receipt of this inspection
report. Should you have any questions concerning this inspection report, please call Linda Willis at 910-796-7343,
Page: 2

Permit: NCGO20555 Owner - Facility: Garner Construction Company Inc
Inspection Date: 02/22/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan
Yes
No
NA
NE
Does the site have a Stormwater Pollution Prevention Plan?
❑
■
❑
❑
# Does the Plan include a General Location (USGS) map?
❑
■
❑
❑
# Does the Plan include a "Narrative Description of Practices"?
❑
■
❑
❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
❑
■
❑
❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑
■
❑
❑
# Has the facility evaluated feasible alternatives to current practices?
❑
■
❑
❑
# Does the facility provide all necessary secondary containment?
❑
®❑
❑
# Does the Plan include a BMP summary?
❑
■
❑
❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑
■
❑
❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑
■
❑
❑
# Does the facility provide and document Employee Training?
❑
®❑
0
# Does the Plan include a list of Responsible Party(s)?
❑
■
❑
❑
# Is the Plan reviewed and updated annually?
❑
®❑
❑
# Does the Plan include a Stormwater Facility Inspection Program?
in
■
n
Cl
Has the Stormwater Pollution Prevention Plan been implemented?
❑
■
❑
❑
Comment: The stormwater pollution prevention plan was due by January 1, 2011.
The Division is in receipt of a letter from James Izzell with Carolina Geological Services,
Inc. Please forward a copy of your stormwater pollution prevention plan to this office
post marked no later than 5 days from the receipt of this inspection report.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ®❑ ❑
Comment: Mine has not been discharging, nor active in the past 3 years.
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ ®❑ 0
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Cl ❑ ■ ❑
Comment: Although the mine has not been active and no discharges have occurred in
the past three years, you are required to submit a monitoring report. The Division is in
receipt of the monitoring report on February 25, 2011 for the year 2010, from your
consultant, James Izzell. Your efforts to come into compliance with the permit
requirements are noted.
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ O ❑ 0
Page: 3

Permit:. NCG020555 Owner - Facility: Garner Construction Company Inc
Inspection Date: 02/22/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
# Were all outfalls observed during the inspection? ■ ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑
# Has the facility evaluated all illicit (non stormwater) discharges?
Comment: Please ensure you have a copy of your certificate of coverage. If you do
not have a copy of the certificate of coverage, you may contact this office for a courtesy
capY-
❑❑v❑
Page: 4

Compliance Inspection Report
Permit: NCG020683 Effective: 06/30/06 Expiration: 12/31/09 Owner: Garner Construction Company Inc
SOC: Effective: Expiration: Facility: Nine Foot Road Mine #2 - Newport
County: Carteret 601 Nine Foot Rd
Region: Wilmington
Newport NC 28570
Contact Person: Morgan Garner Title: Phone: [phone]
Directions to Facility:
Mine is located on 9 Foot Rd (SR 1124), Approx. 1.25 miles east of US Highway 70, Newport, NC.
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 02/22/2011 Entry Time: 10:00 AM Exit Time: 11:30 AM
Primary Inspector: Linda Willis YYIv., • �4 � Oil Phone: [phone]
Secondary Inspector(s): i' _3 "-2-1
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)
Page: 1

Permit: NCG020683 Owner - Facility: Garner Construction Company Inc
Inspection Date: 02/22/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Thank you for your prompt attention to the monitoring issues. Please ensure that any discharge from the mine pit is
properly monitored. Please provide this office with a copy of the Stormwater Pollution Prevention Plan within 5 days of
receipt of this inspection report.
Enclosed with this inspection report is a copy of the certified laboratories for your convenience.
Any questions concerning this inspection report, please contact Linda Willis at 910-796-7343.
Once the Division has received a copy of the stormwater pollution prevention plan, the Notice of Violation will be closed.
Page: 2

Permit: NCG020683 Owner - Facility: Garner Construction Company Inc
Inspection Date: 02/2212011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
# Does the Plan include a General Location (USGS) map?
# Does the Plan include a "Narrative Description of Practices"?
# Does the Plan include a detailed site map including outfall locations and drainage areas?
# Does the Plan include a list of significant spills occurring during -the past 3 years?
# Has the facility evaluated feasible alternatives to current practices?
# Does the facility provide all necessary secondary containment?
# Does the Plan include a BMP summary?
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
# Does the facility provide and document Employee Training?
# Does the Plan include a list of Responsible Party(s)?
# Is the Plan reviewed and updated annually?
# Does the Plan include a Stormwater Facility Inspection Program?
Has the Stormwater Pollution Prevention Plan been implemented?
Comment: This plan was due on January 1, 2011. You should provide this office with
the written plan for review no later than 5 business days from the receipt of this
inspection report. The Division is in receipt of a letter from your consultant, James Izzell
with Carolina Geological Services, Inc., indicating that the SWP3 was prepared.
Qualitative Monitoring Yes No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑
Comment: Permittee understands that he is required to conduct qualitative monitoring
should the need arise to discharge from this pit. Currently there are two pits on site.
One pit that is actively being mined is being pumped to a second pit that is shaped like
a horseshoe. There is a ditch that is cut to the wetlands between the two pits.
Analytical Monitoring
Yes No
NA
NE
Has the facility conducted its Analytical monitoring?
❑ ■
❑
Cl
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑ ®
❑
❑
Comment: According to the permittee and the consultant, no discharges have
occurred from this site. Permittee was advised that the requirement to submit the
monitoring report still applies. The Division is in receipt of the copy of the annual
discharge report . Please ensure that the quarterly monitoring reports are being filled
out and should a discharge occur, samples will be collected in accordance with the
permit requirements.
Page: 3

Permit: NCG020683 Owner - Facility: Garner Construction Company Inc
Inspection Date: 02122/2011 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
❑ ■
❑
❑
# Were all outfalls observed during the inspection?
❑ ❑
■
❑
# If the facility has representative outfall status, is it properly documented by the Division?
❑ ❑
®
❑
# Has the facility evaluated all illicit (non stormwater) discharges?
❑ ❑
®
❑
Comment: Please ensure you have a copy of your certificate of coverage. If you do
not, contact this office and a copy will be provided to you.
Page: 4

ic2(l
IF Cam

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Suite 100 Since 1985 Tel:[phone]
Raleigh, North Carolina 27610 Fax:[phone]
rgoldstein(a rieaCarolina.com wwwJ air Carolina.com
February 23, 2009
Ms. Linda Willis
NCDENR — Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: General Permit #NCG020000, Nine Foot Road Mine #2, COCNCG020683, Carteret
County — revised Operation and Monitoring Plan
Ms. Willis:
Robert J. Goldstein and Associates (RJG&A) has completed a revised Operation and
Monitoring Plan for the Nine Foot Road Mine #2 site (attached) for Garner Construction
Company in Newport, NC. Information presented here and in the Plan is based on our
detailed on -site evaluation and formal delineation of wetlands and their associated
hydrology on the 48.23 acre property (Carteret County tax PIN 633809166091000).
The property is bordered to the north by Nine Foot Road (NC 1124) and to the south by
the Newport River. The northeastern corner of the parcel that borders Nine Foot Road is
1.17 miles west of US 70. The property's southwestern corner is approximately 1,000
feet east of the confluence of Big Ramhom Branch and the Newport River (Figure 1).
Discharge from mine dewatering will ultimately flow into the Newport River whose
DWQ Surface Use classification is "C".
During our site evaluation, consecutively numbered survey ribbons were hung along all
wetland boundaries on the property, pursuant to the US Army Corps of Engineers 1987
Wetland Delineation Manual. The location of all wetland boundary flags and ditch
channel centerlines and/or banks were recorded using sub -meter accurate GPS. Wetland
flags visible from all disturbance areas will be maintained throughout the life of the mine.
The USACE site visit determined that no portion of the mining area was in the Corps'
jurisdiction as stated in their September 22, 2006 letter to the client (Appendix A).
For over a year, water table depth data has been collected at this site and at an appropriate
hydrologic reference area on a tributary west of the site, whose confluence is just
upstream along the Newport River. Four groundwater wells are installed at the reference
site and eight groundwater wells are associated with two wetlands on the mine site
(Figure 1) (Appendix B).
NEPA & SEPA Environmental Assessments ® Environmental Impact Studies ff Jurisdictional Wetland & Stream Buffer Delineations
t7 404 - 401 Permits L7 GIS/GPS Mapping ® Water Quality Monitoring O Stream & Weiland Mitigation and Restoration
® Endangered Species Surveys & Monitoring ® Biological Assessments & Conservation Plans J Water Intakes & Reservoirs
® Water Lines & Treatment Plants ® Sewerlines & Wastewater Treatment ® Instream Flow Analyses ® Interbasin Transfer
Certificates �7 Lake Management & Watershed Modeling ®Archaeological Surveys and Testing J Solid Waste Landfills JPhase 1
Environmental Site Assessments LT Parks & Greenways Planning ® CWMTF Grant Applications

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
Existing Conditions
Wetlands
Two wetlands exist within the Nine Food Road Mine #2 parcel. Wetland A is the
northern -most wetland and occupies a low 2.13 acre area between the proposed mine
excavation site (to the south) and the northern property line (Figure 2). The Soil Survey
of Carteret County North Carolina (Goodwin, 1987) indicates that most of the area inside
the wetland boundary is mapped as Rains fine sandy loam, while the southern -most
portion is mapped as Autryville loamy fine sand. The wetland is bordered to the west by
a narrow, mature loblolly pine stand (Pinus taeda), which parallels a south -flowing ditch.
A narrow loblolly stand also separates the southern boundary of Wetland A from the
mining area while the eastern boundary is bordered by a mixed pinelhardwood stand. A
portion of the wetland's northern boundary is adjacent to a small ditch that receives
south -flowing stormwater from residential lots between the mine parcel and Nine Foot
Road. On -site indicators (i.e. water stained leaves, rack and drift lines and topography)
indicate that Wetland A receives surface flow during storm events from a drainage ditch
connected to the wetland's eastern tip. This ditch receives flow from the north through
an off -site stormwater ditch and runoff from residential parcels.
Wetland B occupies the southern third of the parcel (15.74 acres) (Figure 2). It is south
of the proposed excavation area and entirely inside the existing cypress/hardwood
floodplain forest that is directly connected to and contiguous with the Newport River.
Hydrology
The surface hydrology at this property involves three major ditches and the secondary
ditches that flow into each. The primary source of surface waters through the site is the
south flowing ditch that enters at the property's northwest corner (Ditch 1) (Figure 2).
At its point of entry into the mine parcel, Ditch 1 (DI) is transporting flows from Nine
Foot Road and the subdivisions to the west and northwest along a network of inter-
connected roadside ditches (approximately 95 off -site acres). DI flows east across the
northern portion of the property and then turns south, crosses an adjacent parcel, and
receives flow from a west flowing ditch near the parcel's northern boundary. D1 receives
flow from two more small west flowing ditches as it continues south across the non -
forested portion of the parcel. D 1 enters the floodplain forest and flows southeast for 125
feet, where it splits. One branch turns south and gradually shallows before equaling
swamp swale elevation and disappearing (<100 feet). The eastern branch turns east and
parallel's the toe of slope to the north until it joins with Ditch 2 (D2).
D2 is contained entirely inside the floodplain forest. It flows west just inside the treeline
at Wetland B's northern boundary and then turns south for 830 feet until it discharges
into one of the Newport River's many oxbows (Figure 2).
Page 2

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
D3 flows south along the parcel's eastern -most boundary until just inside the floodplain
treeline, where the ditch splits, one portion turns east and crosses a small pine stand into
the floodplain forest of the adjacent parcel. The western portion of D3 continues south
and drains into a swamp swale at Wetland B's northern boundary.
Mining operations have been conducted at this site within the constraints of the existing
permit. These activities have resulted in two shallow pits that will be utilized for
dewatering wastewater storage and groundwater recharge.
Please review the attached Operation and Monitoring Plan for the site.
Should you have questions, or desire clarification on any point, please call or e-mail.
Sincerely,
Jessi O'Neal, Ecologist
Robert J. Goldstein & Associates, Inc.
1221 Corporation Parkway, Ste 100
Raleigh, North Carolina, 27610
[phone]; fax [phone]
[e-mail]
www.rjgaearolina.com
Page 3

Operation and Monitoring Plan
Nine Foot Road Mine #2
General Permit #NCG020683
Garner Construction Company
5970 US Highway 70, Newport, NC 28570
February 12, 2009
Prepared By:
Robert J. Goldstein Bic Associates, Inc.
ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Raleigh, NC 27610
[phone]
www.dgaCarolina.com

Pursuant to North Carolina Division of Land Resources (DLR) pen -nit 16-61 (originally issued
on 17 November 2005, expires on 17 November 2015), Garner Construction Company plans to
mine sand from its Nine Foot Road Mine #2 in Carteret County. The type of discharge is mine
dewatering.
Operation
Tv -Des of excavation
Mine dewatering will occur as needed during two different stages in the excavation process: 1)
mechanical excavation using track hoes, front -end -loaders and haul trucks and 2) hydraulic
excavation using a hydraulic dredge controlled from a barge. Dewatering will first become
necessary when mechanical pit excavation extends below the water table. This type of
excavation will continue until the pit depth is approximately 10 feet below the water table. At
this point, dewatering will cease and the pit will be allowed to fill up to water table depth with
groundwater, which will provide the water depth necessary to float the dredge barge. When the
barge is in place, mining will begin using the hydraulic dredge. Dewatering will begin again
after all areas in the pit have been mined to the extent of the dredge hose (approximately 25 feet
below the water surface). Dewatering is necessary at this stage to lower the dredge barge and
allow access to mine deeper materials. The maximum depth of the permitted mine is 40 feet
below the existing surface elevation, which ranges from five to ten feet above mean sea level
within the mining area.
Sequence of excavation
The mine will be split into two separate pits, Pit 1 and Pit 2 (Figure 2), that will be excavated
sequentially, not simultaneously. Some mechanical excavation of both Pits has already occurred
within the constraints of the original mining permit but dewatering will be required to continue
mechanical excavation. Within the Pit 1 area, a temporary settling basin will receive water from
the dewatering pump after the opposite pit area is already filled. During mechanical excavation
of Pit 1, dewatering will discharge into Pit 2 until filled and then into the temporary settling basin
and then into Ditch 1. During mechanical excavation of Pit 2, dewatering will discharge into Pit
1 until filled and then into the temporary settling basin. The sediment basin will receive no
additional flow from stormwater runoff, Water will discharge by sheet flow across a gravel
spillway into Ditch 1.
Once hydraulic excavation begins, dewatering of Pit 1 will discharge into Pit 2 until filled and
then into the temporary settling basin. When all other areas of Pit 1 have been excavated to the
appropriate depth, the temporary settling basin will also be excavated, leaving the gravel
spillway portion of this structure intact. In this way, Pit 1 becomes the settling basin itself.
During mechanical excavation of Pit 2, dewatering will discharge into Pit 1. When filled, water
will discharge from Pit 1 through the remaining sediment basin spillway area into Ditch 1.
When all areas of both Pits are excavated, dewatering will cease permanently. The remaining
portion of sediment basin and the ditch area itself will be excavated to the depth accessible
without dewatering.

Since the mining plan ensures that one pit will be filling with water during any dewatering
activities and since the soils throughout the mining area are coarse sand, water should readily
recharge groundwater from the pit area and ultimately recharge the nearby wetlands.
Monitoring
Wetlands will be monitored using hydrologic data from wells and through qualitative visual
assessment of the overall condition of the soils and vegetation in the wetlands. These data will
be used to determine if impacts to the wetlands are occurring due to the mining operation.
Thresholds of these data have been chosen and if exceeded, will result in remedial action on the
part of the mining operator.
Hydrologic
Water table depths inside the permit area vary from water at the surface to more than ten feet
below the surface depending on the time of year and weather and climate conditions.
Eight groundwater monitoring wells were installed on the mine site on 16-18 May 2007,
pursuant to Vepraskas, 2005 (Installing Equipment for the Hydric Soil Technical Standard).
Three wells (9ft-1, 9ft-2, and 9ft-3) were installed inside wetland A. One well (9ft-4) was
installed just outside wetland A in a forested upland. Four monitoring wells were installed in
wetland B (9ft-5, 9ft-6, 9ft-7, and 9ft-8) (Figure 2). Four wells were also installed on an adjacent
"reference" property (K-1, K-2, K-3, and K-4) (Carteret County PIN 63280234) (Figure 2).
Depth to water table (below soil surface) has been recorded at all sites from 19 May 2007 to 06
May 2008.
Mean monthly depth to water table at all wells ranges from 0 to 3.51 feet with well depths at
approximately 4.5 feet (Figure 3). The average monthly depth to water table for the reference
site is 1.55 feet, for wetland A is 1.06 feet, and for wetland B is 1.57 feet. Since depth to water
table at the mine site wetlands is the same or smaller than that depth at the reference site, the two
sites can be compared monthly to determine the impact of mining operations on the on -site
wetlands. Well data has been including in Appendix B. Monthly readings for each well are
shown graphically along with the monthly precipitation data from NC State Climate Office
gauges at Cherry Point MCAS and the Beaufort Airport. Raw well data are presented in a table.
Once dewatering activities have begun, depth to water table will be measured and recorded
monthly at all sites. If the monthly average depth to water table in Wetland A (average of 9ft-1,
9ft-2, and 9ft-3) or Wetland B (average of 9ft-5, 9ft-6, 9ft-7, and 9ft-8) is ever one foot greater
than the monthly average depth to water table at the reference site (average of K-1 through K-4),
all dewatering on the mine site will be suspended until reference and monitoring groundwater
levels equilibrate. Similarly, if the monthly average depth to water table at on -site wetlands
becomes less than one foot than monthly average depth to water table at the reference wells,
dewatering will cease, until on -site groundwater levels equilibrate with reference levels.

Visual Assessment
During collection of well data, a qualitative visual assessment will be performed of the
vegetative and physical characteristics of each wetland. Any changes to plant species
composition or signs of soil instability will be recorded. Dewatering inside the permit boundary
will be suspended if significant changes to vegetation or soil parameters observed inside
wetlands A or B, not also occurring in the reference area, appear to be the result of pit
dewatering (e.g. high mortality of obligate wetland species, or significant invasion of exotic
facultative wetland species).
All monitoring data collected will be maintained by and available through the site operator.

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Figure 1. General Location Map. Nine Foot Road Mine #2 - Garner Construction. CRAVEN
Carteret County, NC
Wells j JONEs
Area Shawn
Mine Site Property Boundary
CARTERET
Reference Site Property Boundary Feet ONSLow
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Figure 3.
Monthly Average Water Tabe Depths
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V17 VJ7.4VVJ Y�VV N i.,t F.Lt JJ Vt,rJ 4.F71V ��
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action id. 2006-4O8SMt6 CMMty cum Quad
NO DEIPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
S:Vr 1 .• L L}l, •.} „r ul•, + r 'id! . Ir: A ql d7•••L
r r M: 1 1 r r l-. 1: r 1 1'a .!I �lltr ' Y r. S-.. . r / r }{� ar .la -•
i 1 •.4 • i]!1 •-l• }1_ }f_ iwotr }=1 1 } 3YA Hnry i :,1 •_= to ft i_.
Descripfimof Activity-. Tomi I .:.} 1� } •:l kL. 1•_ 1 1 '.Jk \ ..11' •: 1+1 °: t7 r _ tll, MianDs
lirnits { .• ird tr b ''_tY.•. _d !i t k•1- and a .! .i:mil buffst has ry 1 AdAM M MiaingliMiz• MAM g3iWask
•.•�,• : I! �I A K .1�JL[ all• +d . ?1la ! V � } �? , 1 � !� } �r.S.=.'• - t-. i - � I � U., 1 -J LiI.
Your work as described above does not require Lkpartmwt of the Army audwrixation for tho following reasou(s):
_ 'There are no jurisdictional waters or wetlands widiia the boundaries of the project as described above. This
datmri ation is effbctivo for five ytars from the date of this document.
♦ �JM N aAI .�;r r l• m 1 r l \ '(.. •..: i+ .W +.c y .'1. . I !} } : _43• r! !_ r .+tol. '
The proposed proj cot Is exonvt from Deparormat'Of the Army regulation3
(Specify)
Any ohangcs in the
dascrs'bod work ":gultirtg in impacts to jurisdictional water Or wetlands or any new work in
jurisdictional waters or wedwWs outside the area described above must be coordinated with the Corps of Engineers prior
to cwnroencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before begirining work, you must contact the N.C. Division of
Coastal Management it telephone [phone] to discuss any required State permit autt*dj&tiott.
This Departirmt of the Array die Mniraiion does act relieve the property owner of the responsibility to obtain airy other
required Federal, State, or local approvalstptrmits,
Date:
Corps Rogulatory Official Mickey Ls= Telephone [phone]
SAW Form 654
February 1999
200"1-09 17:27 GARNER CONSTRUC 2522233569 Page 2

Monthly Depth to Water Table and Precipitation - Reference Wetland
May-07 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08
0.50
HIOR
N
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LL
1.50
!9
H
d
2.00
0
t
a
p 2.50
3.00
3.50
4.00
12
10
H
8 01
L
4
2
0

Monthly Depth to Water Table and Precipation - Wetland B
May-07 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08
0.00
0.50
d
m
u_
d 1.00
�9
H
07
1.50
0
L
d 2.00
0
2.50
3.00
3.50
4.00
12
10
4
2
0

Month Monthly Well Readings (Depth to Water Table)
.SK 3.. t....:'
K-4 :. 1e..�.x 9ft=1_. ...'
9ft 2....>',':, :'9ft=`3..>s
,
. 9ft-4�:'
9ft_5.�
9f#-6
9ft=7 ..
9ftYg ;
May 2007
1.78
2.03
1.12
1.77
1.52
1.05
1.36
2.35
1.62
1.56
0.97
1.64
June
1.86
2.19
1.16
1.72
1.44
0.95
1.17
2.31
1.42
1.22
0.92
1.36
July
0.51
0.89
0.31
1.26
0
0
0.16
1.56
0.1
1.06
0.66
0.45
August
1.71
2.20
0.9
1.87
1.41
1.32
1.63
2.5
1.11
2.41
2.16
1.53
August
2.51
2.71
1.8
3.01
2.22
1.88
2.21
3.31
2.21
3.35
2.56
2.52
September
2.82
3.39
1.92
3.51
2.3
2.5
2.53
3.51
2.54
3.39
2.62
2.63
October
2.91
3.50
2
3.41
2.32
2.53
2.62
2.91
2.61
3.51
2.76
2.67
November
1.54
2.38
1.89
2.51
1.7
1.88
2.2
1.63
2.23
3.06
2.31
2.1
December
0.52
1.32
0.8
1.4
0
0
0.6
1.79
0.53
1.56
2
0.72
January
0.35
0.84
0.21
1.11
0
0
0.38
1.6
0.3
1.32
1.9
0.57
February
0.22
0.77
0.16
1.09
0
0
0
1.21
0
0.98
1.6
0.28
April
0.29
0.95
0.11
0.93
0.1
0.08
0.25
1.2
0
0.91
1.5
0.3
May 2008
1.12
1.39
0.52
1.55
0.36
0.22
0.48
1.91
0.25
1.26
1.77
0.59

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Suite 100 Since 1985 Tel:[phone]
Raleigh, North Carolina 27610 Fax:[phone]
r ld tein a r' a amlina c m "w,,%,.ri&aCaroljna.com
February 23, 2009
16 nlp �raJ�u��c1. -
1�fa/rt;o.1J.h�vpyZold�+L �"����
K ca.I dael � 'A fir&
Ms. Linda Willis
NCDENR - Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
S
Re: General Permit #NCG020000, Nine Foot Road Mine #2, COCNCG020683, Carteret
County - revised Operation and Monitoring Plan
Ms. Willis:
Robert J. Goldstein and Associates (RJG&A) has completed a revised Operation and
Monitoring Plan for the Nine Foot Road Mine 92 site (attached) for Garner Construction
Company in Newport, NC. Information presented here and in the Plan is based on our
detailed on -site evaluation and formal delineation of wetlands and their associated
hydrology on the 48.23 acre property (Carteret County tax PIN 633809166091000).
The property is bordered to the north by Nine Foot Road (NC 1124) and to the south by
the Newport River. The northeastern corner of the parcel that borders Nine Foot Road is
1.17 miles west of US 70. The property's southwestern corner is approximately 1,000
feet east of the confluence of Big Ramhorn Branch and the Newport River (Figure 1).
Discharge from mine dewatering will ultimately flow into the Newport River whose
DWQ Surface Use classification is "C".
During our site evaluation, consecutively numbered survey ribbons were hung along all
r wetland boundaries on the property, pursuant to the US Army Corps of Engineers 1987
soy �''� ,a Wetland Delineation Manual. The location of all wetland boundary flags and ditch
nW 0Sed2 channel centerlines and/or banks were recorded using sub -meter accurate GPS. Wetland
flags visible from all disturbance areas will be maintained throughout the life of the mine.
The USACE site visit determined that no portion of the mining area was in the Corps'
jurisdiction as stated in their September 22, 2006 letter to the client (Appendix A).
For over a year, water table depth data has been collected at this site and at an appropriate
hydrologic reference area on a tributary west of the site, whose confluence is just
upstream along the Newport River. Four groundwater wells are installed at the reference q+4—
site and eight groundwater wells are associated with two wetlands on the mine site l
(Figure 1) (Appendix B).
NEPA & SEPA Environmental Assessments ® Environmental Impact Studies ® Jurisdictional Wetland & Stream Buffer Delineations
O 404 - 401 Permits ® GIS/GPS Mapping L► Water Quality Monitoring L7 Stream & Wetland Mitigation and Restoration
® Endangered Species Surveys & Monitoring L7 Biological Assessments & Conservation Plans ® Water intakes & Reservoirs
B Water Lines & Treatment Plants L7 Sewerfines & Wastewater Treatment J Instream Flow Analyses ® lnterbasin Transfer
Certificates® Lake Management & Watershed Modeling ®Archaeological Surveys and Testing ® Solid Waste Landfills ®Phase 1
Environmental Site Assessments a Parks & Greenways Planning ® CWMTF Grant Applications

V
Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
Existing Conditions
Wetlands
Two wetlands exist within the Nine Food Road Mine #2 parcel. Wetland A is the
northern -most wetland and occupies a low 2.13 acre area between the proposed mine
excavation site (to the south) and the northern property line (Figure 2). The Soil Survey
of Carteret County North Carolina (Goodwin, 1987) indicates that most of the area inside
the wetland boundary is mapped as Rains fine sandy loam, while the southem-most
portion is mapped as Autryville loamy fine sand. The wetland is bordered to the west by
a narrow, mature loblolly pine stand (Prnus taeda), which parallels a south -flowing ditch.
A narrow loblolly stand also separates the southern boundary of Wetland A from the
mining area while the eastern boundary is bordered by a mixed pine/hardwood stand. A
portion of the wetland's northern boundary is adjacent to a small ditch that receives
south -flowing stormwater from residential lots between the mine parcel and Nine Foot
Road. On -site indicators (i.e. water stained leaves, rack and drift lines and topography)
indicate that Wetland A receives surface flow during storm events from a drainage ditch
connected to the wetland's eastern tip. This ditch receives flow from the north through
an off -site stormwater ditch and runoff from residential parcels.
Wetland B occupies the southern third of the parcel (15.74 acres) (Figure 2). It is south
of the proposed excavation area and entirely inside the existing cypress/hardwood
floodplain forest that is directly connected to and contiguous with the Newport River.
Hydrology
The surface hydrology at this property involves three major ditches and the secondary
ditches that flow into each. The primary source of surface waters through the site is the
south flowing ditch that enters at the property's northwest comer (Ditch 1) (Figure 2).
At its point of entry into the mine parcel, Ditch I (D1) is transporting flows from Nine
Foot Road and the subdivisions to the west and northwest along a network of inter-
connected roadside ditches (approximately 95 off -site acres). D 1 flows east across the
northern portion of the property and then turns south, crosses an adjacent parcel, and
receives flow from a west flowing ditch near the parcel's northern boundary. D1 receives
flow from two more small west flowing ditches as it continues south across the non -
forested portion of the parcel. DI enters the floodplain forest and flows southeast for 125
feet, where it splits. One branch turns south and gradually shallows before equaling
swamp swale elevation and disappearing (<100 feet). The eastern branch turns east and
parallel's the toe of slope to the north until it joins with Ditch 2 (D2).
D2 is contained entirely inside the floodplain forest. It flows west just inside the treeline
at Wetland B's northern boundary and then turns south for 830 feet until it discharges
into one of the Newport River's many oxbows (Figure 2).
Page 2

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL, CONSULTANTS
D3 flows south along the parcel's eastern -most boundary until just inside the floodplain
treeline, where the ditch splits, one portion turns east and crosses a small pine stand into
the floodplain forest of the adjacent parcel. The western portion of D3 continues south
and drains into a swamp swale at Wetland B's northern boundary.
Mining operations have been conducted at this site within the constraints of the existing
permit. These activities have resulted in two shallow pits that will be utilized for
dewatering wastewater storage and groundwater recharge.
Please review the attached Operation and Monitoring Plan for the site.
Should you have questions, or desire clarification on any point, please call or e-mail.
Sincerely,
Jess[ O'Neal, Ecologist
Robert J. Goldstein & Associates, Inc.
1221 Corporation Parkway, Ste 100
Raleigh, North Carolina, 27610
(919) 872-1 174; fax [phone]
[e-mail]
www.rjgacarolina.com
Page 3

Operation and Monitoring Plan
Nine Foot Road Mine #2
General Permit #NCG020683
Garner Construction Company
5970 US Highway 70, Newport, NC 28570
February 12, 2009
Prepared By:
Robert J. Goldstein & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Raleigh, NC 27610
(919) 872-1 174
www.rjgaCarolina.com

Pursuant to North Carolina Division of Land Resources (DLR) permit 16-61 (originally issued
on 17 November 2005, expires on 17 November 2015), Garner Construction Company plans to
mine sand from its Nine hoot Road Mine #2 in Carteret County. The type of discharge is mine
dewatering.
Operation
Types of excavation
Mine dewatering will occur as needed during two different stages in the excavation process: 1)
mechanical excavation using track hoes, front -end -loaders and haul trucks and 2) hydraulic
l excavation using a hydraulic dredge controlled from a barge. Dewatering will first become
necessary when mechanical pit excavation extends below the water table. This type of
1 / excavation will continue until the pit depth is approximately 10 feet below the water table. At
O / this point, dewatering will cease and the pit will be allowed to fill up to water table depth with
groundwater, which will provide the water depth necessary to float the dredge barge. When the Tel
barge is in place, mining will begin using the hydraulic dredge. Dewatering will begin againi�
I after all areas in the pit have been mined to the extent of the dredge hose (approximately 25 feet
below the water surface). Dewatering is necessary at this stage to lower the dredge barge and
allow access to mine deeper materials. The maximum depth of the permitted mine is 40 t
below the existing surface elevation, which ranges from fiye to ten-f&:et aboye mean sea level
within the mining area. t
illeecl S more
Sequence of excavation, --t e yet 5 a f' c l �0� ✓
The mine will be split into two separate its, Pit 1 and Pit 2 (Figure 2 , that will be excavated
P P P ( g }
sequentially, not simultaneously. Some mechanical excavation of both Pits has already occurred
within the constraints of the original mining permit but dewatering will be required to continue
mechanical excavation. Within the Pit l area, a temporary settling basin will receive water From /
V4 '-the dewatering pump after the opposite pit area is already filled During mechanical excavation ( �
of i , ewatermg wi isc arge into Pit 2 until filled and then into the temporary settling basin VD
and then into Ditch 1. During mechanical excavation of Pit 2, dewatering will discharge into Pit
l until filled and then into the temporary settling basin. The sediment basin will receive no
additional flow from stormwater runoff. Water will discharge by sheet flow across a gravel
spillway into Ditch 1. 9ae9 oeter-Pr
a �66�r-6ArE— CPW
Once hydraulic excavation begins, dewatering of Pit l will discharge into Pit 2 until filled and
then into the temporary settling basin. When all other areas of Pit 1 have been excavated to the NU
.t' appropriate depth, the temporary settling basin will also be excavated, leaving the gravel
�A� 7 spillway portion of this structure intact. In this way, Pit 1 becomes the settling basin itself.
During mechanical excavation of Pit 2, dewatering will discharge into Pit 1. When filled, water T
will discharge from Pit 1 through the remaining sediment basin spillway area into Ditch 1.
When all areas of both Pits are excavated, dewatering will cease permanently. The remaining
portion of sediment basin and the ditch area itself will be excavated to the depth accessible
without dewatering.
1�De- 5 1AAra4 )v 0,D►s2 �,Ntv /fJtDt •�

Since the mining plan ensures that one pit will be filling with water during any dewatering
activities and since the soils throughout the mining area are coarse sand, water should readily
recharge groundwater from the pit area and ultimately recharge the nearby wetlands.
Monitoring
Wetlands will be monitored using hydrologic data from wells and through qualitative visual
assessment of the overall condition of the soils and vegetation in the wetlands. These data will
be used to determine if impacts to the wetlands are occurring due to the mining operation.
Thresholds of these data have been chosen and if exceeded, will result in remedial action on the
part of the mining operator.
Hydrologic Data
Water table depths inside the permit area vary from water at the surface to more than ten feet
below the surface depending on the time of year and weather and climate conditions.
Eight groundwater monitoring wells were installed on the mine site on 16-18 May 20 ,
pursuant to Vepraskas, 2005 (Installing Equipment for the Hydric Soil Technical Standard.
Three wells (9ft-1, 9ft-2, and 9ft-3) were installed inside wetland A. One well (911-4) was
installed just outst a wet an Tn a forested upland. Four monitoring wells were installed in
wetland B (9ft-5, 911-6, 9ft-7, and 9ft-8) (Figure 2). Four wells were also installed on an adjacent
"reference" property (K-1, K-2, K-3, and K-4) (Carteret County PIN 63280234) (Figure 2).
Depth to water table (below soil surface) has been recorded at all sites from 19 May 2007 to 06
May 2008.
Mean monthly depth to water table at all wells ranges from 0 to 3.51 feet with well depths at
approximately 4.5 feet (Figure 3). The average monthly depth to water table for the reference
site is 1.55 feet, for wetland A is 1.06 feet, and for wetland B is 1.57 feet. Since depth to water
table at the mine site wetlands is the same or smaller than that depth at the reference site, the two
sites can be compared monthly to determine the impact of mining operations on the on -site
wetlands. Well data has been including in Appendix B. Monthly readings for each well are
shown graphically along with the monthly precipitation data from NC State Climate Office
gauges at Cherry Point MCAS and the Beaufort Airport. Raw well data are presented in a table.
Once dewatering activities have begun, depth to water table will be measured and recorded
�( monthly_ at all sites. if the monthly average depth to water table in Wetland A (average of 9ft-1,
t n Dr e- {,o ft-2, and 9ft-3) or Wetland B (average of 9ft-5, 9ft-6, 9ft-7, and 9ft-8) is ever one foot greater
P4 54� �luy�✓ {ban the monthly average depth to water table at the reference site (average of K-1 through K-4),
all dewatering on the mine site will be suspended until reference and monitoring groundwater
levels equilibrate. Similarly, if the monthly average depth to water table at on -site wetlands
becomes less than one foot than monthly average depth to water table at the reference wells,
dewatering will cease, until on -site groundwater levels equilibrate with reference levels.

Visual Assessment
During collection of well data, a qualitative visual assessment will be performed of the
vegetative and physical characteristics of each wetland. Any changes to plant species
composition or signs of soil instability will be recorded. Dewatering inside the permit boundary Q
will be suspended if significant changes to vegetation or soil parameters observed inside
wetlands A or B, not also occurring in the reference area, appear to be the result of pit
dewatering (e.g. high mortality of obligate wetland species, or significant invasion of exotic
facultative wetland species). V\- r-e- g a 4 r 0-s u e-ir j Sp e e.; - ,- e
e. n+_s 4:, -! ,'a 'U .s
All monitoring data collected will be maintained by and available through the site operator.

/H Y/ �
40
29
q4�i
-; a
K-Z, I
�. .
Figure 1. Genera! Location Map Nine Foot Road Mine #Z - Garner Construction i CRAVEN
Carteret County. NC
• Wells : ) JONES 1---- »
Mine Site Property Boundary Area Shown
CARTERET
Reference Site Property Boundary 0 375 750 5oa '°w a 1
29

4 vx,*- &X)aA i

'�Vi►VJ/.GVVJ 1AU.UW GJirGR.J�•VVJ ��� `
U.S. ARMY CORPS OF ENGINEERS
WII,NMGTON DISTRICT
Action Id. 2WfiA55�416 County Quad HMO
NO DEPARTMNr OF TRE ARMY AUTHORTLATION REQUMED
Size r Locationproject(water r dy, road . ! .. ! etown,.tl rA V. A a '. •• :r L} .I :• .�r; of
i 1 hrA i r . JH'. l! 11. f t Milt ;a ! \•![,. 1 ! 1 wilb Hwy TQL adismJ IJ .• \ �LI•.r�t i..
\ r1MI l CAUM
Descriptionof• !!. 1 • ,,;,Id. +! J .M:►' !L 1, 6116 W92AALMD2 1A K21d MR � 11.. r 1
limitsimma"241stinstMW ►L 9b :.f.r §MW WOO !.:.: k1 i - 7 I,L' !! ef_ !! ! kf , ! the zkgait
oo 4't` Thia CM[Mmt UR99,- R.MWWMWX MWUS WdkilLftArmor *== V. :LLI rA
Your work as described above does not require Department of the Army authorization for the following rtasan(s):
There are no jurisdictional wata's or wetlands within the bouddaeies of the project as destnbed above. This
j;==baticm is effective forfive years from the daw of this document.
�r r [! .ark,cr ! ►. 1 ! l LTt. •.' .r Ulr. a!f /J.L [ :•. h� ! 1 : �-t� r :.! 1_' • r ,,r �,
11.7[: I 1 r ! 14 •! t• [ .1 . !.=-1 !.71 i:..r l 1...► 1 F i ..7. 1. '!!!! Swr r 1J . zlv—
ll I
The
Proposed project le exempt from DeparWnent'of the Army regulations.
(Speeitjr)
Any ohsnem in the descn'hod work Msulting iat impacts to jUAsdietiottal waters or wetlands or any new work in
jurisdictional wagers or wetlands outside the area described above must be coordinated with the Gores ofEnsincers prior
to CWnrMeement. Pic= contact the Resulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of
Coastal Management at telephone [phone] to discus any roguited State pasmit autitorizatiott.
This Aeparmtent of the ArMy determination does W relieve to property owner of the responsibility to obtain any other
required Federel, Sm%-or total approvals/permits.
Dab: SHMM2M 22,206
. i
Corps Ragul" Official MTelephone (2 IQ) ALM,I I
SAW Form 634
Febmary 1999
2909-01-09 17:27 GARNER CONSTRt1C 2522233669 Page 2

Monthly Depth to Water Table and Precipitation - Wetland A
May-07 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08
m
0.50
ai 1.00
LL
w
sa
~ 1.50
m
+a
0
2,00
a
a)
0
2.50
3.00
3.50
4.00
12
10
m
s
8 =
0
R
w
a
0
6 P
as
4
2
0

Monthly Depth to Water Table and Precipation - Wetland B
May-07 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08
0.00
Beaufort
©MCAS Cherry Point
0.50 - 9ft-5
- + -9ft-6
9ft-7
1.00 - 9ft-8
H
6f
u 1.50
0
aCL
,
2.00
2.50
3.00
350
4.00
12
10
U
6 L
a
U t I I I --., f - 0

t m
0.50 I
1.00
w
m
d
LL
1.50
L
F
Q�
2.00
O
L
a+
Q
O 2.50
3.00
3.50
4.00
Monthly Depth to Water Table and Precipitation - Reference Wetland
May-07 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08
� Beaufort
oMCAS Cherry- K-1
t K-2
K-3
K-4 - -
_I
-7
12
10
4
2
0

Month
K-1
K-2
K-3
May 2007
1.78
2.03
1.12
June
1.86
2.19
1.16
July
0.51
0.89
0.31
August
1.71
2.20
0.9
August
2.51
2.71
1.8
September
2,82
3.39
1.92
October
2.91
3.50
2
November
1.54
2.38
1,89
December
0.52
1.32
0.8
January
0.35
0.84
0.21
February
0.22
0.77
0.16
April
0.29
0.95
0.11
May 2008
1.12
1.39
0.52
Monthly Well Readings (Depth to Water Table)
K4 9ft-1 9ft-2 9ft-3 9ft4 9ft-5 9ft-6 9ft-7 9ft-8
1.77 1.52 1. 1.36 2.35 1.62 1.56 1 1.64
1,72 1.44 0.95 1.17 2.31 1.42 1.22 0.92 1 1.36
1.26 0 0 0.16 1.56 0.1 1.06 0.66 0,45
1.87 1.41 1.32 1.63 2.5 1.11 2.41 .16 1.53
3.01 2.22 1.88 2.21 3.31 2.21 3.35 2.56 2.52
3.51 2.3 2.5 2.53 3.51 2.54 3.39 2.62 2.63
3.41 2.32 2,53 2.62 2.91 2.61 3.51 2.76 2.67
2.51 1.7 1.88 22 1.63 2.23 3.06 2.31 2.1
1.4J0.36
0 0.6 1.79 0,53 1.56 2 0.72
1.11 0 0.38 1.6 0.3 1.32 1.9 0.57
1.09 0 0 1.21 0 0.98 1.6 0.28
0.93 0.08 0.25 1.2 0 0.91 1.5 0.3
1.55 0.22 0.48 1.91 0.25 1.26 1.77 0.59

Figure 3. Monthly Average Water Table Depths
J Jy o
vzoOc�
m
0.50
1.00
cu 1.50
Z
F�
4�
3 2.00
a
r
C 2.50
cu
3.00
3.50
4.00
ite

MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF WA TER QUALITY
Project:
County:
**Due Date for Comments Back to Lard Quality Section:
Will the operation, as proposed, violate standards of water quality?
Comments:
Watershed/Stream Name & Classification:
YES
NPDES permit required
NPDES permit existing
Nondischarge permit required
Nondischarge permit existing
Wetlands disturbed
401 Wetland Cert. required
401 Wetland Cert. existing
Reviewed by:
ri i , i Warne:_
10/2000
(Permit 7 )
(Permit n )
(Permit )
Date:
**

MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF WATER QUALITY
Proj'ect:
County:
**Due Date for Comments Back to Land Quality Section:_
Will the operation, as proposed, violate standards of water quality?
Comments: -- - - - -
Watershed/Stream Name & Classification:
YES
NPDES permit required
NPDES permit existing
Nondischarge permit required
Nondischarge permit existing
Wetlands disturbed
401 Wet€and Cert. required
401 Wetland Cert. existing _
Reviewed by:
rri t Name.--
1012000
{Permit
(Permit 7 )
(Permit )
Date:
NO

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Suite 100 Since 1985 Tel;[phone]
Raleigh, North Carolina 27610 Fax:[phone]
raoldot—einCa dgaC roc tina.corn www.rigaCaTolina corn
February 23, 2009
Ms. Linda Willis
NCDENR— Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: General Permit #NCG020000, Nine Foot Road Mine #2, COCNCG020683, Carteret
County — revised Operation and Monitoring Plan
Ms. Willis:
Robert J. Goldstein and Associates (RJG&A) has completed a revised Operation and
Monitoring Plan for the Nine Foot Road Mine 92 site (attached) for Garner Construction
Company in Newport, NC. Information presented here and in the Plan is based on our
detailed on -site evaluation and formal delineation of wetlands and their associated
hydrology on the 48.23 acre property (Carteret County tax PIN 633809166091000).
The property is bordered to the north by Nine Foot Road (NC l 124) and to the south by
the Newport River. The northeastern corner of the parcel that borders Nine Foot Road is
1.17 miles west of US 70. The property's southwestern corner is approximately 1,000
feet east of the confluence of Big Ramhorn Branch and the Newport River (Figure 1).
Discharge from mine dewatering will ultimately flow into the Newport River whose
DWQ Surface Use classification is "C".
During our site evaluation, consecutively numbered survey ribbons were hung along all
wetland boundaries on the property, pursuant to the US Army Corps of Engineers 1987
Wetland Delineation Manual. The location of all wetland boundary flags and ditch
channel centerlines and/or banks were recorded using sub -meter accurate GPS. Wetland
flags visible from all disturbance areas will be maintained throughout the life of the mine.
The USACE site visit determined that no portion of the mining area was in the Corps'
jurisdiction as stated in their September 22, 2006 letter to the client (Appendix A).
For over a year, water table depth data has been collected at this site and at an appropriate
hydrologic reference area on a tributary west of the site, whose confluence is just
upstream along the Newport River. Four groundwater wells are installed at the reference
site and eight groundwater wells are associated with two wetlands on the mine site
(Figure 1) (Appendix B).
NEPA & SEPA Environmental Assessments J Environmental Impact Studies ® Jurisdictional Wettand & Stream Buffer Delineations
[y 404 - 401 Permits ® GIS/GPS Mapping g Water Quality Monitoring I Stream & Wettand Mitigation and Restoration
® Endangered Species Surveys & Monitoring ® Biological Assessments & Conservation Plans Q Water Intakes & Reservoirs
® Water Lines & Treatment Plants ® Sewedines & Wastewater Treatment ® lnstream Flow Analyses ® Interhasin Transfer
Certificates a Lake Management & Watershed Modeling JArchaeological Surveys and Testing B Solid Waste Landfills ® Phase i
Environmental Site Assessments ® Parks & Greenways Planning ® CWMTF Grant Applications
1

Robert A Goldstein and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
Existing Conditions
Wetlands
Two wetlands exist within the Nine Food Road Mine #2 parcel. Wetland A is the
northern -most wetland and occupies a low 2.13 acre area between the proposed mine
excavation site (to the south) and the northern property line (Figure 2). The Soil Survey
of Carteret County North Carolina (Goodwin, 1987) indicates that most of the area inside
the wetland boundary is mapped as Rains fine sandy loam, while the southern -most
portion is mapped as Autryville loamy fine sand. The wetland is bordered to the west by
a narrow, mature loblolly pine stand (Pinus taeda), which parallels a south -flowing ditch.
A narrow loblolly stand also separates the southern boundary of Wetland A from the
mining area while the eastern boundary is bordered by a mixed pine/hardwood stand. A
portion of the wetland's northern boundary is adjacent to a small ditch that receives
south -flowing stormwater from residential lots between the mine parcel and Nine Foot
Road. On -site indicators (i.e. water stained leaves, rack and drift lines and topography)
indicate that Wetland A receives surface flow during storm events from a drainage ditch
connected to the wetland's eastern tip. This ditch receives flow from the north through
an off -site stormwater ditch and runoff from residential parcels.
Wetland B occupies the southern third of the parcel (15.74 acres) (Figure 2). It is south
of the proposed excavation area and entirely inside the existing cypress/hardwood
floodplain forest that is directly connected to and contiguous with the Newport River,
Hydrology
The surface hydrology at this property involves three major ditches and the secondary
ditches that flow into each. The primary source of surface waters through the site is the
south flowing ditch that enters at the property's northwest corner (Ditch 1) (Figure 2).
At its point of entry into the mine parcel, Ditch 1 (D 1) is transporting flows from Nine
Foot Road and the subdivisions to the west and northwest along a network of inter-
connected roadside ditches (approximately 95 off -site acres). D I flows east across the
northern portion of the property and then turns south, crosses an adjacent parcel, and
receives flow from a west flowing ditch near the parcel's northern boundary. D I receives
flow from two more small west flowing ditches as it continues south across the non -
forested portion of the parcel. D 1 enters the floodplain forest and flows southeast for 125
feet, where it splits. One branch turns south and gradually shallows before equaling
swamp swale elevation and disappearing (<100 feet). The eastern branch turns cast and
parallel's the toe of slope to the north until it joins with Ditch 2 (132).
D2 is contained entirely inside the floodplain forest. It flows west just inside the treeline
at Wetland B's northern boundary and then turns south for 830 feet until it discharges
into one of the Newport River's many oxbows (Figure 2).
Page 2

Robert J. Goldstein and Associates, Inc.
ENVIRONMENTAL. CONSULTANTS
D3 flows south along the parcel's eastern -most boundary until just inside the floodplain
treeline, where the ditch splits, one portion turns east and crosses a small pine stand into
the floodplain forest of the adjacent parcel. The western portion of D3 continues south
and drains into a swamp swale at Wetland B's northern boundary.
Mining operations have been conducted at this site within the constraints of the existing
permit. These activities have resulted in two shallow pits that will be utilized for
dewatering wastewater storage and groundwater recharge.
Please review the attached Operation and Monitoring Plan for the site.
Should you have questions, or desire clarification on any point, plcase call or e-mail.
Sincerely,
Jessi O'Neal, Ecologist
Robert J. Goldstein & Associates, Inc.
1221 Corporation Parkway, Ste 100
Raleigh, North Carolina, 27610
[phone]; fax [phone]
[e-mail]
www.rjgacarolina.com
Page 3

Operation and Monitoring Plan
Nine Foot Road Mine #2
General Permit #NCG020683
Garner Construction Company
5970 US Highway 70, Newport, NC 28570
February 12, 2009
Prepared By:
Robert J. Goldstein & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
1221 Corporation Parkway, Raleigh, NC 27610
(919) 872-1 174
www.rjgaCarolina.com

Pursuant to North Carolina Division of Land Resources (DLR) permit 16-61 (originally issued
on 17 November 2005, expires on 17 November 2015), Garner Construction Company plans to
mine sand from its Nine Foot Road Mine 92 in Carteret County. The type of discharge is mine
dewatering.
Operation
Types of excavation
Mine dewatering will occur as needed during two different stages in the excavation process: 1)
mechanical excavation using track hoes, front -end -loaders and haul trucks and 2) hydraulic
excavation using a hydraulic dredge controlled from a barge. Dewatering will first become
necessary when mechanical pit excavation extends below the water table. This type of
excavation will continue until the pit depth is approximately 10 feet below the water table. At
this point, dewatering will cease and the pit will be allowed to fill up to water table depth with
groundwater, which will provide the water depth necessary to float the dredge barge. When the
barge is in place, mining will begin using the hydraulic dredge. Dewatering will begin again
after all areas in the pit have been mined to the extent of the dredge hose (approximately 25 feet
below the water surface). Dewatering is necessary at this stage to lower the dredge barge and
allow access to mine deeper materials. The maximum depth of the permitted mine is 40 feet
below the existing surface elevation, which ranges from five to ten feet above mean sea level
within the mining area.
SMuence of excavation
The mine will be split into two separate pits, Pit I and Pit 2 (Figure 2), that will be excavated
sequentially, not simultaneously. Some mechanical excavation of both Pits has already occurred
within the constraints of the original mining permit but dewatering will be required to continue
mechanical excavation. Within the Pit 1 area, a temporary settling basin will receive water from
the dewatering pump after the opposite pit area is already filled. During mechanical excavation
of Pit 1, dewatering will discharge into Pit 2 until filled and then into the temporary settling basin
and then into Ditch 1. During mechanical excavation of Pit 2, dewatering will discharge into Pit
1 until filled and then into the temporary settling basin. The sediment basin will receive no
additional flow from stormwater runoff. Water will discharge by sheet flow across a gravel
spillway into Ditch 1.
Once hydraulic excavation begins, dewatering of Pit i will discharge into Pit 2 until filled and
then into the temporary settling basin. When all other areas of Pit 1 have been excavated to the
appropriate depth, the temporary settling basin will also be excavated, leaving the gravel
spillway portion of this structure intact. In this way, Pit 1 becomes the settling basin itself.
During mechanical excavation of Pit 2, dewatering will discharge into Pit 1. When filled, water
will discharge from Pit 1 through the remaining sediment basin spillway area into Ditch 1.
When all areas of both Pits are excavated, dewatering will cease permanently. The remaining
portion of sediment basin and the ditch area itself will be excavated to the depth accessible
without dewatering.

Since the mining plan ensures that one pit will be filling with water during any dewatering
activities and since the soils throughout the mining area are coarse sand, water should readily
recharge groundwater from the pit area and ultimately recharge the nearby wetlands.
Monitoring
Wetlands will be monitored using hydrologic data from wells and through qualitative visual
assessment of the overall condition of the soils and vegetation in the wetlands. These data will
be used to determine if impacts to the wetlands are occurring due to the mining operation.
Thresholds of these data have been chosen and if exceeded, will result in remedial action on the
part of the mining operator.
Hydrologic Data
Water table depths inside the permit area vary from water at the surface to more than ten feet
below the surface depending on the time of year and weather and climate conditions.
Eight groundwater monitoring wells were installed on the mine site on 16-18 May 2007,
pursuant to Vepraskas, 2005 (Installing Equipment for the Hydric Soil Technical Standard).
Three wells (911-1, 9ft-2, and 9ft-3) were installed inside wetland A. One well (9ft-4) was
installed just outside wetland A in a forested upland. Four monitoring wells were installed in
wetland B (9ft-5, 9ft-6, 911-7, and 9ft-8) (Figure 2). Four wells were also installed on an adjacent
"reference" property (K-1, K-2, K-3, and K-4) (Carteret County PIN 63280234) (Figure 2).
Depth to water table (below soil surface) has been recorded at all sites from 19 May 2007 to 06
May 2008.
Mean monthly depth to water table at all wells ranges from 0 to 3.51 feet with well depths at
approximately 4.5 feet (Figure 3). The average monthly depth to water table for the reference
site is 1.55 feet, for wetland A is L06 feet, and for wetland B is 1.57 feet. Since depth to water
table at the mine site wetlands is the same or smaller than that depth at the reference site, the two
sites can be compared monthly to determine the impact of mining operations on the on -site
wetlands. Well data has been including in Appendix B. Monthly readings for each well are
shown graphically along with the monthly precipitation data from NC State Climate Office
gauges at Cherry Point MCAS and the Beaufort Airport. Raw well data are presented in a table.
Once dewatering activities have begun, depth to water table will be measured and recorded
monthly at all sites. If the monthly average depth to water table in Wetland A (average of 9ft-1,
9ft-2, and 911-3) or Wetland B (average of 9ft-5, 9ft-6, 9ft-7, and 9ft-8) is ever one foot greater
than the monthly average depth to water table at the reference site (average of K-I through K-4),
all dewatering on the mine site will be suspended until reference and monitoring groundwater
levels equilibrate. Similarly, if the monthly average depth to water table at on -site wetlands
becomes less than one foot than monthly average depth to water table at the reference wells,
dewatering will cease, until on -site groundwater levels equilibrate with reference levels.

Visual Assessment
During collection of well data, a qualitative visual assessment will be performed of the
vegetative and physical characteristics of each wetland. Any changes to plant species
composition or signs of soil instability will be recorded. Dewatering inside the permit boundary
will be suspended if significant changes to vegetation or soil parameters observed inside
wetlands A or B, not also occurring in the reference area, appear to be the result of pit
dewatering (e.g. high mortality of obligate wetland species, or significant invasion of exotic
facultative wetland species).
All monitoring data collected will be maintained by and available through the site operator.

lie
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ell -
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Figure 1. General Location Map. Nine Foot Road Mine #2 - Garner Construction CRAVEN
Carteret County, NC
� � � ,CONES t`
® Wells � Area Shown
Mine Site Property Boundary
�caRTEaEr
Reference Site Property Boundary Fees ONISLOw _.
0 375 750 1.5w

Figure 3. Monthly Average Water Table Depths
o�
tio' Q� 6 Z�
Jai
0.00
0.50
1.00
1.50
H
L
2.00
O
r
C 2.50
�ite
m
3.50
m

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U.S. ARMY CORD'S OF ENGIMIERS
WILMWGTON DISTRICT
Action Id. County Quad bigmUM
NO DEPARTMENT OF THE ARMY AUT1 ORTZATIQN REQMRED
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+.rwlr II\• J1 y }4.7L. 4l•+1W }J,V} 'J.: 1 Ir ., }; ' , IJn:M l.• k et U, r :m +
Your work as desoribed above does not require Departmmt of the Atv authorization for the following reasov((ft
_ That are no jurisdictional waters or wetlands within the boundaries of the project s3 described above. This
determination is effective for five yem from the date of this dwumcnt.
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The proposed project is exaMpt from Department'of the Army teplation>_
(specify)
Any ohanm in the described work resulting in.impacb'to jurirdictioW waters or wetlands or any now work in
jurisdictiotal water or wetlands outside the area described above mint be coordinated with the Corps of Ensixteers prior
to commencement. Please contrxt the Regulatory OtiicW specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of
Coastal Maua&oment at telephone [phone] to discus any requited State permit tuthorixaUionl.
This DepUettterrt of the Army deftnination does not relieve the property owner of the responsibility to obtain any other
requited Federal, Statc, or local approval0pennits.
Date:
Corps Rapla twy Official M4jY..M. "�� -...._ Telephone t4t0]____ 251L4811
SAW Form 654
February 1999
200 Ol-09 17,27 GARNER CONSTRUC 2522233669 Page 2

i If
0.50
1.00
w
Q
d
U-
�, 1.50
L
as
3 2.00
0
N
C.
in2.50
i 11
3.50
4.00 -
Monthly Depth to Water Table and Precipitation - Reference Wetland
May-07 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08
Beaufort
© MCAS Cherry Point
—+� K-1
--+— K-2
K-3
K-4
12
10
4
2
0

0
Monthly Depth to Water Table and Precipitation - Wetland A
May-07 Jean-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jan-08 Feb-08 Mar-08 Apr-08 May-08
0.00
0.50
2.50
3.00
3.50
4.00
Beaufort
o MCAS Cherry Point
$— 9ft-1
t 9ft-2
9ft-3
-- 9ft-4
12
10
4
2
0

Monthly Depth to Water Table and Precipation - Wetland B
May-07 Jun-07 Jul-07 Aug-07 Sep-07 Oct-07 Nov-07 Dec-07 Jars-08 Feb-08 Mar-08 Apr-08 May-08
0.00 -
�Beaufort
o MCAS Cherry Point
0.50 _ 9ft-5
-♦- 9ft-6
9ft-7
- 1.00 9ft-8 _
H
6.
a 1.50
i
CL
2.00
0
2.50
3.00
3.50
4.00
12
10

Month
Monthly Well Readings (Depth to Water Table)
!
K-1
K-2
K-3
K4
9ft-1
9ft-2
9ft-3
9ft4
9ft-5
9ft-6
9ft-7
9ft-8
May 2007
1.78
2.03
1.12
1.77
1.52
1.05
1.36
2.35
1.62
1.56
0.97
1.64
June
1.86
2.19
1.16
1.72
1.44
0.95
1.17
2.31
1.42
1.22
0.92
1.36
July
0.51
0.89
0.31
1.26
0
0
0.16
1.56
0.1
1.06
0.66
0.45
August
1.71
2.20
0.9
1.87
1.41
1.32
1.63
2.5
1.11
2.41
2.16
1.53
August
2.51
2.71
1.8
3.01
2.22
1.88
2.21
3.31
2.21
3.35
2.56
2.52
September
2.82
3.39
1.92
3.51
2.3
2.5
2.53
3.51
2.54
3.39
2.62
2.63
October
2.91
3.50
2
3.41
2.32
2.53
2.62
2.91
2.61
3.51
2.76
2.67
November
1.54
2.38
1.89
2.51
1.7
1.88
2.2
1.63
2.23
3.06
2.31
2.1
December
0.52
1.32
0.8
1.4
0
0
0.6
1.79
0.53
1.56
2
0.72
January
0.35
0.84
0.21
1.11
0
0
0.38
1.6
0.3
1.32
1.9
0.57
February
0.22
0.77
0.16
1.09
0
0
0
1.21
0
0.98
1.6
0.28
April
0.29
0.95
0.11
0.93
0.1
0.08
0.25
1.2
0
0.91
1.5
0.3
May 2008
1.12
1.39
0.52
1.55
0.36
0.22
0.48
1.91
0.25
1.26
1.77
0.59

�OF \N A P6 9 �—be
Beverly Eaves Perdue, Governor
`Q G, `F Dee Freeman, Secretary
(i} 7 North Carolina Department of Environment and Natural Resources
-C Coleen H. Sullins, P.E. Director
Division of Water Quality
January 20, 2009
Walton Engineering
Attn. Mark Walton
P.O. Box 564
Burgaw, North Carolina 28425
Dear Mr. Walton,
DWQ has reviewed the proposed O & M plan for Garner Sand Pit in Brunswick County. Currently the
mining permit is being sought. Once the mining permit is received the permittee should fill out a notice
of intent for the NCG020000 General Permit for mining activities. Herein is a list of items that need to
be addressed.
1. The calculations predict a 489 foot radius of influence from dewatering operations at the mine
site. Please comment on the distance between the mine pit and the closest surface waters. If any
are within this cone of influence, please indicate the measures that will be taken to demonstrate
the dewatering activities will not cause adverse impacts.
2. The O & M plan indicates there are 4 monitoring wells, the mine map shows 2. Please show the
location of each well on the map. The wells should be in the wetlands in order to be effective in
demonstrating wetland hydrology.
3. Groundwater table is shown to be 10 feet deep. The depth of the monitoring wells are being
proposed at 5 feet. Will the proposed locations for the '`yells adequately depict the hydrology?
4. Monitoring well data should be collected as soon as possible to establish the wetland hydrology
before any dewatering from the mine site occurs.
5. A point source discharge using two 24" pipes is being proposed. What is the expected velocity
from these pipes under normal conditions and during the 24 hour 25 year storm event?
6. What are the size of the pumps that will be used in the mine pit for dewatering to the settling
basin? Please provide calculations demonstrating the settling basin will have adequate detention
time to allow particle settling and the ability to meet the NPDES permit limitations for TSS,
settleable solids and turbidity. These calculations should be done based on the maximum flow
rate to the settling basin.
7. The mine map shows a 0.5 acre settling pond, the legend identifies 0.2 acres. Please clarify.
8. Please ensure that any tributaries (blue line streams) to Haw Creek are identified on the map.
The USGS maps show tributaries bordering the entire mine site (except along the mine road).
9. The monitoring well construction was reviewed by the Aquifer Protection Section. APS stated
the wells should have locking caps and should be deep enough to ensure the well intercepts the
groundwater table throughout each season and during droughts (suggest 15-20'). The wells
should be packed with grout from the ground surface to five feet deep. Please direct any
questions concerning proper design of monitoring wells to the Wilmington Regional Office
Aquifer Protection Section.
10. The O & M narrative stated the mine boundary would be properly marked to prevent heavy
equipment operators from disturbing outside the mine site boundary. The 25 and 50 foot
undisturbed buffers must also be marked to ensure the operators will not disturb those areas.
No;thCarolina
,1latura!!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension WArnington, NC 28405 Phone [phone]
Wilmington Regional Office Internet: wA,%%newatsrquality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
Customer Service
1-877-623-6748

Should you have any questions concerning this correspondence, please contact me at 910-796-7343 or
my email address linda.willis@.ncmail.net.
Sincerely,
Linda Willis, Env. Eng. I
Surface Water Protection Section
Wilmington Regional Office
CC: Judy Wehner, DLR Raleigh
Dan Sams, DLR, WiRO
DWQ Central Office Files
Stormwater Permitting Unit, Raleigh, Attn: Bradley Bennett
Danny Baysden, 4050 Richlands Hwy., Jacksonville, NC 28540

OPERATION AND MONITORING PLAN
Garner Sandpit
Garner Road
Richlands, Onslow County, NC
Prepared in accordance with General Permit No. NCG020000
December 31, 2008
Owner
Danny Baysden
4050 Richlands Hwy
Jacksonville, NC 28540
Prepared By:
Walton Engineering
P.O. Box 564
Burgaw, North Carolina 28425
WA L ToAi EAiuNEERN

Mining Operations
In Phase I of mining, water that collects in the mine pit will be pumped out into an
existing sediment basin on the subject property) Sediment from the water will be
collected in the sediment basin_ The water will filter out of the basin (via rock check
dam) and flow into nearby Haws Run Creek. As soon as the mine pit reaches
approximately one acre in size, the pit will be converted into a settling pond. Additional
miming will be separated from the settling pond by leaving an earth berm between the two
areas. Water from the remaining mining activity will be pumped into the, settling pond to
infiltrate back into the ground. Two 24" corrugated plastic pipes will be provided to
handle overflow in case of storms or in case dewatering exceeds the infiltration capacity
of the settling pond. The spill way will also lead to the sediment basin used in Phase I of
mining. The buffer areas around the settling pond will be maintained so that rainwater
and runoff water from the stockpiles will Clow into the mine pit. When mining is
completed, the berm dividing the settling pond and the mine pit will be removed so he
entire mine area will form a. pond per the reclamation plan in the State Mining Permit
Application.
Pumping Frequency
The mine in Phase I of the mining process will be pumped as needed to keep the area dry
for mining. Pump periods will be monitored by hour meters attached to the pumps. For
pumps with no hour meters a pump log will be maintained . These records will be used
to determine the Total Flow per the monitoring requirements in Table 1. If there is a
negative effect found on the hydrology in the area, the pumping frequency will be
modified accordingly.
Hvdrolo2v Monitorine
There will be four monitoring wells installed around the mine area to monitor the effects
on the hydrology in the area. There will be one well installed on the down -slope side of
the mine pit (on the northwest side of the settling pond). Another well will be installed
on the northeast side of the settling pond. Two others will be installed on the east side
and southeast side of the mine pit. The wells will be 2' in diameter at a depth of 10' - 12'
b.g.s. (below ground surface) using standard well screen. The well riser will be.
approximately 3' — 4' a.g.s. (above ground surface) so that the equipment drivers can see
the wells and not destroy them.
For the first six months the wells will be checked on a biweekly basis. After the first six
months the wells will be checked monthly. After one year of mining the wells will be
checked quarterly unless the previous results prove it to be necessary to monitor more
frequently.
Maintenance

The settling pond will be checked regularly and sediment will be removed as needed.
The pond water level will be maintained at the invert of the outlet pipe or lower and a
maximum depth of 15', The sediment basin and outlet pipe will be monitored accordingly
and sediment will be removed as needed. The outlet pipe will be maintained to
speci ications of the Mine Plan. The outlet pipe will be checked on a regular basis and
maintained as needed.
Discharge Monitoring
Discharge monitoring and reporting will be performed as specified in Table 1. If the
effluent limitations are greater than specified in Table 2 the monitoring frequency will be
modified to monthly monitoring of the effluents.
Monitoring Reports
Discharge monitoring results in accordance with the terms of this permit, NCG020000,
shall be submitted no later than 30 days from the end of the monitoring period. Duplicate
signed copies of all reports required shall be submitted to the NC DENTR Division of
Water Quality, Water Quality Section, ATTENTION.- Central Files, 1617 Mail Service
Center, Raleigh, North Carolina 27699-1617,
Danny Baysden will report orally any noncompliance within 24 hours Danny Baysden
becomes aware of the noncompliance.
Table 1. Monitoring Requirements for Mine Dewatering
--Discharge : '
Characteristics
Units
Mcasurcrxtcnt
Samp3c -
Samlc
Location
pH
S.U.
Quarterly
Grab
E
Settleable Solids
mUl
Quarterly
Grab
E
Total Suspended Solids
ingA
Quarterly
Grab
E
Turbidity
NTU
Quarterly
Grab
E or U,D
Total Flow
MG
Quarterly
-
E
Table 2. Effluent Limitations for Process Wastewater and Mine Dewatering
Discharge Characteristics
Disch" Limitations
Monthly -Average
Daily Maximum
Settleable Solids 10.1
mul
0.2 ml/l
Total Suspended Solids (Industrial Sand Muiing)
25 mg/1
45 mg/l
pH Range
-
6.0 - 9.0
Turbidity (Freshwater non trout streams)
-
50 NTU
Turbidity (Non -trout lakes and saltwaters)
-
25 NTU
Turbidity. (Trout watcrs)
-
10 NTU

i
Well/Pit_Recharge in Unconfined Aquifer with Steadlow,_No Recharge
C.L.
i . -# TW
—----------- —� --- --— -- /—
TD i L
PIT/WELL ;
iX i'
hiw
CONFINING LAYER
Hvdraulic Conductivities of Granular Materials (mldavl I.
Material
I Lower Limit :Up er Limit
Average .
Cfay Soils (surface)
Deep Clay Beds
0.011
, 1.00E-08
0.2
1.a0E 02
_ 0.105,
5.00E-03
Loam Soils (Surface)
01
1
0.550'.
Fine Sand
�
5
3.0
Medium Sand
T' -—SI 20
12.5
Coarse Sand
201 100
60
Gravel
1001 1000
550.
Sand and Gravel Mixes
5
100
52.5
Clay, Sand, Gravel
Mixes (till)
_
0.001
0.1
0.0505
Enter Calc. Enter Enter
_ ORIGINAL WATER TABLE
h2
r2
Assumptions:
(1) Consider excvation/pit as well.
(2) Vertical flow insignificant, (Dupuit-
Forcheimer)
Deference: Bouwer, 1978, Groundwater
Hydrology, McGraw-Hill, Inc., New York,
i
i
i
Enter Enter Enter i Enter Calc
Calc. Calc,
K
K
H
Pit/Well Radius, rw
hiw I
h2
DTW
TD r2 (=500rw) hw
Q
m/day
` fi/day
ft
ft
ft
ft
ft
ft ft ft
gal/day
3
9.843
20 '
720
0
20
10
30 3607000 9.83E-02
14,889

,l .
Radius of Influence by Ellipse Equation
Project: Garner Pit
Date: 6/11 /2008
�=rtur�d =: uria•_c
Bz'"icr
S = [4K(rn2 +2am)/q]1n
S = Radius of Influence (from wall if pit), ft
K = Hydraulic Conductivity, in/day
-Drainage Rate
v = F x d, inches (of water drained from the soil)
F = Drainage porosity, infin
z = Depth to Drain from Surface, ft
d = Drawdown, in
a = Depth of Barrier Below Drains, ft
rn = Vertical Distance of Water Table Above Drain, ft
ASSUMPTIONS;
Horizontal flow only.
No inflows during specified time period, t.
Ignores evaporation and evapotranspiration.
Nate: if only one drain is used, areas beyond S/2 will
not be influenced.
Comments
K =
z =
F =
d =
m =
a =
t =
118.120
in/day
ft
infin
in
f#
ft
days
25.00
0.40
180.0
10.000
0.0
E 365
v = 1 72.00 inches
q = 0.20 in/day
S = 489.4 ft
I hereby certify that I personally
developed this spreadsheet and
programmed the equations (as shown)
into the spreadsheet. I also certify that
tt b .calculate its h reaii ices }-e rf4rmed
by me or under my direct supervisiQf --
aia
-o
SEW b�
$7is (

MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF WATER QUALITY
Project: County:
J-Due Date for Comments Back to Land Quality Section: *'
Will the operation, as or000sed, violate standards of water quality?
k1�J"
1"
off'
YY�1kc SOA . k- , t)._sc�nsc� its AC, de_ at-c_.-rr,ol�_c1.Qcil 6..- C_wu, 44 �
- 1.1, �LxcS.e1 wc�, Po.r%r
s Watershed/Stream Name & Classification; cPna,-4 lucre -2 5a� -
i
'_n
T" Pe- r rn��A_ axt,a -\A�
YES NO",4 c,—
S ate.
Dy, NPDES permit required���
NPDES permit existing _ (Permit #o2A(p8PX
3�
Nondischarge permit required l�.Q Q �Y)
Nondischarge permit existing (Permit
'v1Jetlands disturbed _ 1
r
401
Welland
Cert.
required '
401
Wetland
Cert.
existing (Permit )
Review d :bv: k-42&Z Dater
ri A J
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1012000

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MINING PERMIT APPLICATION REVIEW FORM
for
DIVISION OF WATER QUALITY
Project: /A/ ve
**Due Date for Comments Back to Land Quality Section:
0 ell,
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Watershed/Stream Name & Classification: CgrLm�-lot`cd�-Q 5ou
NPDES permit required
NPDES permit existing (Permit #020483j
Nondischarge permit required YY,-
Nondischarge permit existing (Permit m 1
Wetlands disturbed
1012000
Will the operation, as proposed, violate standards of water quality?
401 Wetland Cert, required _
401 Wetland Cert. existing (Permit rr
Review �d� y
Date: Yy)a 67 (:;p 5-pjco-�

OVeration and Monitoring Plan
Revised September 27, 2006
General Permit # NCG020000
Certificate of Coverage 4 NCG020683
Nine Foot Road Mine 42
Garner Construction Co.
Carteret County, NC
The purpose of this plan is to provide the necessary precautions to prevent any
impact on adjacent wetlands from discharges from the dredge pond. The plan provides
protection to the wetlands by providing a steady recharge of water as well as regular
monitoring to demonstrate compliance.
It should be emphasized that this sand mine is a `'yet mining" operation, and wiil
use a hydraulic dredge in its operation; and therefore will not pump water from the pond
on a continual basis. The dredge consists of a boat with a pump that removes sand from
the bottom of the pond to a small processing plant adjacent to the pond. Water drains
from the sand pile, and is recycled back into the pond, maintaining the water level within
the pond. In order for this dredge to operate, a high level of natural groundwater must
remain within the pond at all times. Since a high level of water will remain within the
pond, it is highly unlikely that the natural groundwater level adjacent to the pond will be
affected at all. Ho,,vever, in the initial development of the pond, it is necessary to
discharge some water to maintain a dry working area. After the pond is developed to a
sufficient depth for floating the dredge boa€, the area will be alloyed to fill with
groundwater for normal operation. As the pond is developed, there may occasionally be
times when it is necessary to discharge some water. However, since the mining method
will be l}y hydraulic dredUe, it will always be necessary to maintain a high level of
natural groundwater xvithin the pond. This is the most environmentally friendly mining
method possible, since it is virtually impossible to discharge any sediment, it maintains
natural groundwater levels, and it greatly limits dust since it is a "wct" operation.

OPERATION
This Wet \-lining operation utilizes a floating hydraulic dredge boat to pump sand
from the pond to a small processing area adjacent to the pond. Water from the sand will
naturally drain back into the pond, maintaining the water level. The initial pond
development requires some stormwater and groundwater to be pumped out of the pond
area to maintain a dry working area. As soon as the pond is developed to a depth
sufficient for floating the dredge boat, it will be allowed to fill .with water and th_e
dredging operation will begin. As the pond is developed with the dredge, it will
occasionally be rnecessary to discharge some water from the pond. However, the xyater
level .will always remain deep enough to allow the dredge boat to remain afloat and
operate.
Since a high level of water must remain within the pond in order for the dredge to
operate, any pumping of water from the pond will be intermittent and will vary in amount
and duration. It is expected that there may be several weeks at a time when there will be
no discharge at all. At other times, the water in the pond may be lowered for site
development. However, the day to day operation of the dredge does not require regular
discharge of�,vater from the pond. The volume of the discharge depends entirely on the
capacity of the pump and the duration of the pumping. Based on experience with similar
operations, a limit of 12,000 gallons per day is sufficient for an operation of -this size.
The N11ning Permit issued by the Land Quality Section gives details of the
sediment basin to be utilized for anv discharge of water. The basin is designed for a
volume based on a potential of 12.000 gallons per day. However, any water pumped
from the dredge pond will originate far from any source of sediment; and will very likely
exceed any requirements for clarity even before passing through the basin.
When it becomes necessar)' to pump water from the dredge pond, records will be
kept of -the volume of water discharged.

RECHARGE OF GROUNDNVATER
Since this is a "wet" nlrnini) operation, and water will always be maintained
%within the pond, it is hi-hly unlikely that any adjacent groundwater levels will be
affected. However, in order to assure that adjacent wetlands are not affected during tinges
Of pumping; a perimeter "moat" will be excavated between the pond and the wetlands.
This will consist of a ditch 12 feet wide, 4 feet deep, and will extend around the northern
and southern sides of the pond, between the pond and the wetlands. The ditch will be
located 50 feet from the pond, and at least 25 feet from the wetlands. This ditch is shown
on the site plan included as part of this Operation and (Monitoring Plan. Whenever an),
vvater is to be discharged from the pond, this ditch will be filled with water. Water fiom
this ditch -will seep into the sand)' soil; thereby recharging the groundwater in the %vedand
area. Water will flow into the ditch from the sediment basin and will subsequently flown
out of the ditch into existing ditches within the wetlands, Therefore; the wetlands will
also benefit from Some surface water recharge.as well. During times .when there is no
discharge from the pond, the ditches will be allowed to maintain any natural water level.
MONITORING
1. Any time water is discharged front the pond; the volume of water and date will
be recorded.
2. A series of 6 shallow piezonleters will be ]placed within the wetlands as shown
on the site.plan. The purpose of the piezonleters is to demonstrate that the pond does not
affect the natural hydrology of the site. According to the US Army Carps of Engineers
-Wetlands Delineation _Manual (January 1987), natural wetlands hydrology requires
'`inundation or saturation to the surface for at least 5% of the growing season". It also
states that this inundation or saturation or saturation may be irregular. Our observations
of the hydric soil profile of this site confirm that the seasonal high water level is at the
surface for at ]east 5% of the growing season and that natural water levels also extend to
as much as 3 feet below+ the surface periodically. Fluctuations in this water level are
natural and are caused by rainfall events; periods of draught, flooding of the Newport
River, seasonal fluctuations.o(-groundwater, absorption by veL33etation, and other factors.
These fluctuations are not cyclical and can vary widely. However, in order to maintain
,.vtlands hydrology, it must be shown that the area is "inundated or saturated to the
surface continually for at least 5% of the groxving season in most years (50% probabilit.
of recurrence)". The piezonleters ,vill be measured monthly and water levels will be
recorded. If an)r significant f]uctuation is observed. a comparison will be made to other
known data sources such as USGS Ground\vater monitoring in the area, ,veather and
drought conditions, The primary purpose: of the piezoineters is to assure that the
hydrology of the wetlands is maintained by observing that the site is `inundated or
saturated for- at least 5% of the growing season in most years (50% probability of
recurrence)" as described by the Army corps of Engineers.

1142 �'4 1]�_5 � � � 114❑
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Mr. James Izzell
Carolina Geological Services, Inc.
P.O. Box 429
Garner, NC 27529
Dear Mr. Izzell,
Michael F. Easley, Governor
William G- Ross Jr., Secretary
North Carolina Department of Elivironment and Natural Resources
October 24, 2006
Alan W. Klimek, P.L. Director
Division or Water Quality
The Division is in receipt of your correspondence and revised Operation and Monitoring Plan
dated October 4, 2006 for the Nine Foot Road Mine #2. 1 have provided the same listed items of concern
from the Division's correspondence on August 28, 2006 as a point of reference in responding to your
revised plan and comments. Next -to each bulleted item I have attempted to match your response to
each, as I understand them from your recent correspondence.
How were the wetland boundaries determined?
Cover letter/O & M Plan states: The boundaries had been delineated on two separate occasions by
qualified wetlands consultants using the Us Army Corps of Engineers Wetland Delineation standards.
Division Response: Since Mr. Suggs with U.S. Army Corps of Engineer referenced the utilization of a
consultant to determine wetland boundaries, the Division will accept a letter (to be included in your O & M
Plan) from the consultants indicating that they possess the qualified skills to determine the boundaries as
detailed in the U.S. Army Corps of Engineers Wetland Delineation Manual (January 1987).
On July 17, 2006, you advised me by phone that you had not walked any of the ditches that are
proposed for use in mine dewatering. Determine the distances each ditch extends into the wetland
and the distance from each ditch to the Newport River. Please correct the site map accordingly.
Describe how the ditches end. Do they gradually disappear or do they end abruptly? Describe how
the discharge to each ditch will accomplish sheet flow to all the adjacent wetlands located around the
perimeter of the mine. Describe how the ditches will maintain hydrology for the adjacent wetlands
located north of the mine site.
Cover letter/O & M Plan states: In the original plan, we proposed to discharge water from the basin into
existing ditches. Afield observation showed that there was some connectivity and it was very difficult to
determine where the ditches actually end and the natural swales begin. Therefore, we have redesigned
the plan to construct new ditches parallel to the edge of the pond and at last 25 feet from the wetlands
that will serve to recharge the groundwater. Water pumped from the pond will first pass through the
basin, then flood these ditches before passing into the existing ditches utilizing existing drainages.
Division Response: You are required to maintain a 50-foot buffer between land disturbances and the
wetland boundaries. The ditches (within the mine pit boundaries) must be at least 50 feet (not 25) from
any wetlands (per your mining permit). The mine site map indicates the ditches are approximately 50 feet
from the wetlands boundaries except for one area on the north side of the mine. Please ensure that a 50-
foot buffer between any land disturbance and the wetlands is maintained. The boundaries need to be
flagged in order for mining operation personnel digging the ditches to know where those boundaries are
so that a 50-foot buffer can be met. The flags should be maintained throughout the life of the mining
activity. The map shows a direct connection with the proposed ditch to an existing ditch. There should
be no connection between the ditches. Existing ditches should only receive mine dewatering wastewater
by sheet flow rather than from a point source discharge (as specified in writing in your revised plan),
NorihCarolina
Al aturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
lnternet: %%-%rw.ncy'a1erquali1V.0rg Fax [phone]
An Equal opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

[{
Page three
NCG020683
Should any point source discharge develop from storm water runoff, check dams will be required and the
discharge will be monitored according to Section B of NCG020000. Should any point source discharge to
the wetlands or the existing ditches develop due to dewatering activities, a check dam will be required
and the discharge shall be monitored in accordance with Section C of NCG020000. Should check dams
be required, their locations should be identified on the site map.
• Your O & M Plan should include the volume of water the settling basin can hold and the amount and
the rate and duration of discharge anticipated from the settling basin. You mentioned 12,000 gallons
per day in an email to Mr. Ed Beck. Provide the calculations (including any assumptions) justifying
that estimate and include them in the Plan.
Cover Letter/O & M Plan states: It should be emphasized that this is a "wet mining" operation. The
"mining area" will actually consist of a deep -water pond with a floating dredge that pumps sand from the
bottom of the water. The pond will never be "de -watered" since it is necessary to retain a high level of
water within the pond to float the dredge boat. The mining permit issued by the LQS gives details of the
sediment basin to be utilized for any discharge of water. The initial pond development requires some
storm water and groundwater to be pumped out of the pond area to maintain a dry working area. As soon
as the pond is developed to a depth sufficient for floating the dredge boat, it will be allowed to fill with
water and the dredging operation will begin. In order to assure that adjacent wetlands are not affected
during times of pumping, a perimeter "moat" will be excavated between the pond and the wetlands. This
will consist of a ditch 12 feet wide, 4 feet deep and will extend around the northern and southern sides of
the pond, between the pond and the wetlands.
Division Response: This response refers to DLQ plans, which DWQ does not have. The site map
accompanying your cover letter and O & M Plan shows a picture of a pond but is not to scale and
therefore inadequate for determining volume from the diagram. The picture at the upper left hand corner
indicates a rock dam structure with a volume of 7200 cubic feet or approximately 50,000 gallons. Your
site map shows two basins if both are designed according to the diagram, affords storage of 100,000
gallons total. Utilizing the proposed ditches to receive wastewater pumped from the settling basins
provides a better method of introducing wastewater to the surrounding wetlands. It should afford better
settling time and lower velocity for the discharge if/when introduced to the wetlands. Crude calculations
from the design of the ditches suggest they should be able to hold (roughly) 90,000 gallons of water.
Once full, if the proposed ditches can distribute water by sheet flow, they would discharge less than an
inch of water per day along 1900 feet (estimated from the O & M map where V=100'). Please take time
to read the water quality standards as they pertain to wetlands. The water quality standards for wetlands
can be found in the North Carolina Administrative Code 15 A NCAC 02B.0231. When you read these
standards you will realize there is more to wetlands protection than just hydrology. I have attache_ d a
copy of those standards for your reference and convenience.
• The map shows one settling basin east of the ditch that cuts through the narrowest portion of the
mine site. During a visit to the mine, a settling pond was seen located West of the ditch. Will this
pond remain on site? Will it be used as a settling basin as well? If it will be used as a settling basin
please include it on the site map.
Division Response: The map provided with the revised O & M Plan shows two settling basins used to
recharge the proposed ditches. I will assume the design for both are the same as those provided on the
map.
• The O & M Plan requires detailed plans to maintain the surrounding hydrology and the respective
monitoring to demonstrate compliance. The Plan states that a'series of 6 shallow monitoring wells
will be installed at the site, located 25 feet within the wetlands and spaced no greater than 300 feet
apart. Please include the locations of wells on the site map in order that their locations can be seen
relative to the adjacent wetlands bordering the mine site.
O & M Plan (Monitoring) states: The primary purpose of the piezometers is to assure that the hydrology of
the wetlands is maintained by observing that the site is "inundated or saturated for at least 5 % of the

Page three
NCG020683
growing season in most years as described by the Army Corps of Engineers. O & M Plan provided on
July 17, 2006 indicates monitoring of the wells will be conducted monthly. Wells will be constructed of 2"
diameter PVC, with standard slotted sections and casing. Total depth will extend to approximately 5 feet
below existing static water level, and the screened interval will be sealed from surface water by a
bentonite plug. Overall condition of the wetland plants and soil conditions will be monitored on a monthly
basis.
Division Response: The map provided with the revised O & M Plan shows the locations of each
monitoring well. Monitoring wells should be in place before any dewatering from the site occurs. Prior to
dewatering, the hydrology of the surrounding wetlands should be established based upon data collected
from the monitoring wells prior to dewatering. Data from the level of water in the monitoring wells must
be well documented and available for review by Division Representatives upon inspection.
The Plan states that the monitoring wells will be 5 feet below the static water level, it states also that
if the well levels drop 3 feet or more, all dewatering in the excavation will be suspended until
groundwater levels have recovered to natural levels. Be advised, to protect a wetland means to
protect its hydrology. A drop of 3 feet in the water table could be detrimental to the wetlands. The
seasonal high water table in the wetlands must be determined either by a registered soil scientist or
through long term monitoring. Those levels should be documented and used as a benchmark to
maintain throughout the wet and growing season. Monitoring the overall condition of the vegetation
while mining activities occur would be beneficial. Should impacts in the adjacent wetlands occur,
what contingency backup plan will you utilize?
O & M plan (July 2006).states that if any significant impact is noted in the existing plants or soil
conditions, dewatering activity will be suspended until recovery is noted
Division Response: Division concurs that discontinuing dewatering until recovery is noted is appropriate.
Likewise, inundation of the wetlands from dewatering and not from natural conditions (heavy rain,
Newport River flooding, and seasonal fluctuations in the groundwater table) will be considered an impact
and dewatering activities will have to cease until natural conditions return.
• The Plan states that the monitoring wells will be monitored once per month. This may be adequate,
however, should monitoring suggest significant changes in the wetland hydrology, more frequent
monitoring will be required.
O & M plan (July 2006) states that if any significant impact is noted in the existing plants or soil
conditions, dewatering activity will be suspended until recovery is noted
Division Response: Immediately discontinuing the activity causing the impact is acceptable and does not
require more frequent monitoring.
The NCG020000 Permit also specifies analytical and qualitative monitoring for storm water discharges
from land disturbance and process areas, effluent limitations and monitoring requirements for mine dewatering
wastewater and process wastewater and monitoring requirements for wastewater from sand and or gravel mining.
Your plan did not include any of this information. Please revise your plan to include the sampiinglmonitoring
requirements as specified in the NCG020000 permit.

cf
Page three
NCG020683
The Division will give approval for mining activities to be conducted prior to a complete O & M Plan with
the understanding that your O & M Plan will be revised to include all the pertinent components and that upon
inspection by Division Representatives, the permittee will produce a complete and satisfactory O & M plan
including all analytical and qualitative monitoring data and records required by the plan and the NCG020000
permit. Any areas that are deficient will be considered a violation to the NCG020000 Permit. Should you require
any additional help, please do not hesitate to contact me at 910-796-7343.
Sincerely,
Linda Willis
Environmental Engineer
Surface Water Protection Section
Division of Water Quality
Cc: Ed Beck, Regional Supervisor, Surface Water Protection Section, WiRO
Bethany Georgoulias, Stormwater Permitting Unit, DWQ, Raleigh
Mr. Garner (5970 Highway 70, Newport NC 28570)

CAROLINA GEOLOGICAL SERVICES, INC.
..-
October 4, 2006
Mr. Ed Beck and Ms. Linda Willis
NCDENR, Div. Of Water Quality '-
Wilmington Regional Office
127. Cardinal Drive Extension
Wilmington, NC 28405
Subject: General Permit #NCG020000, Nine Foot Road Mine #2,
COCNCG020683, Carteret County FOCT - 3 7006
Revised Operation and Monitoring Plan
u�lJC.2
Dear Mr. Beck and Ms. Willis;
On behalf of Garner Construction Company, I am herein submitting a revised
Operation and Monitoring Plan for the Nine Foot Road Mine 92. After receiving your
correspondence and review of our original plan, we have tried to provide the additional
information that you have requested and have made some changes to reflect your
concerns. It is the sincere desire of Mr. Garner to protect the environment and to remain
in compliance with all permit requirements. I hope that this revised plan will
demonstrate his willingness to take all necessary measures to protect the wetlands on his
property.
In your letter of August 28, you ask several questions and express concerns relating to
the site that need to be addressed. First, you ask how the wetland boundaries were
determined. The wetlands were delineated on two different occasions by qualified
wetlands consultants using the US Army Corps of Engineers Wetland Delineation
standards, specifically as detailed in the "Corps of Engineers Wetland Delineation
Manual" (January 1987). This delineation was done before the site was designed to
assure that no land disturbance activities would impact any wetlands: The Land Quality
Section requires a minimum 50-foot buffer between any Land Disturbance and any
wetland. To be conservative, the site was designed to remain entirely within the cleared
field, 50 feet from any wooded vegetation. However, the actual wetland limit is 75 to
over 100 feet from the limits of land disturbance. Since the site was located so far from
the actual wetlands limits, the US Army Corps of Engineers determined that they had no
jurisdiction within the site.
P.O. BOX 429, GARNER, NC 27529 (9 1 9)779-001 7 Fax: [phone]
OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC

Division of Water Quality
Page 2
Many of the concerns in your letter indicate that there may be a misunderstanding of
the actual design and operation of this facility. It should be emphasized that this is a "wet
mining' operation. The "mining area" will actually consist of a deep -water pond with a
floating dredge that pumps sand from the bottom of the water. The pond will never be
"de -watered" since it is necessary to retain a high level of water within the pond to float
the dredge boat. Water may be pumped from the pond occasionally to work the slopes
or obtain material from- the deeper sections, but a high level of water will always remain
within the pond. Therefore, pumping will not be required for the day to day operation of
this facility. This is the most "environmentally friendly" mining method possible, since it
has virtually no impact on surrounding groundwater levels. While we understand the
need to assure that any adjacent wetlands are protected, we do not see how a pond, which
retains a high level of water, will have any impact at all on surrounding groundwater
levels or wetlands. In fact, it has been observed in the initial development of this pond
that groundwater levels have actually increased! It is highly unlikely that a pond of water
will have any impact at all on surrounding wetlands.
However, since your office has expressed a concern that the pond may have a negative
impact on the wetlands, we have redesigned the Operation and Monitoring plan to
address your concerns. In the original plan, we proposed to discharge water from the
basin into existing ditches. We agree with your observations that the ditches are
somewhat complex. A field observation showed that there was some connectivity and it
was very difficult to determine where the ditches actually end and the natural swales
begin. Therefore, we have redesigned the plan to construct new ditches parallel to the
edge of the pond and at least 25 feet from the wetlands that will serve to recharge the,
groundwater. Water pumped from the pond will first pass through the basin, then flood
these ditches before passing into the existing ditches utilizing existing drainages. The
water contained within these ditches will seep into the sandy soil and constantly recharge
the groundwater.
The site will also be monitored by keeping records of dates and volume of water that
may be pumped from the pond. Keep in mind that pumping from the pond will be
intermittent and vary in amount and duration. It is expected that there may be several
weeks at a time when no pumping will be required at all. At other times, the water in the
pond may be lowered for site development. However, the day to day operation of this
site does not require any pumping from the pond. In addition, a series of piezometers
will be placed within the wetlands to monitor the hydrology of the wetlands and insure
that the site remains in compliance.

Division of Water Quality
Page 3
1 must again express Mr. Garner's frustration at the time that it has taken for this
review. This is a "wet mining" operation utilizing a hydraulic dredge in a pond which
retains a high level of water. It is our position that this pond simply could not have any
negative impact on surrounding groundwater levels or wetlands. In fact, it can be shown
that the initial stages of this operation have actually raised the groundwater levels
adjacent to the pond. However, since there will occasionally be some lowering of the
water level within the pond, we have designed the Operation and Monitoring plan to
provide the necessary protection of the surrounding wetlands. I ask that you review this
information as soon as possible so that Mr. Garner can continue his operation. Of course,
if you have any questions, please contact me.
Sincerely,
�w &AaA
James C. Izzeil, Jr., PG
Carolina Geological Services, Inc.
Enclosure
CA
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V
Operation and MonitorinjZ Plan
Revised September 27, 2006
General Permit # NCG020000
Certificate of Coverage # NCG020683
Nine Foot Road Mine #2
Garner Construction Co.
Carteret County, NC
The purpose of this plan is to provide the necessary precautions to prevent any
impact on adjacent wetlands from discharges from the dredge pond. The plan provides
protection to the wetlands by providing a steady recharge of water as well as regular
monitoring to demonstrate compliance.
It should be emphasized that this sand mine is a "wet mining" operation, and will
use a hydraulic dredge in its operation, and therefore will not pump water from the pond
on a continual basis. The dredge consists of a boat with a pump that removes sand from
the bottom of the pond to a small processing plant adjacent to the pond. Water drains
from the sand pile, and is recycled back into the pond, maintaining the water level within
the pond. In order for this dredge to operate, a high level of natural groundwater must
remain within the pond at all times. Since a high level of water will remain within the
pond; it is highly unlikely that the natural groundwater level adjacent to the pond will be
affected at all. However, in the initial development of the pond, it is necessary to
discharge some water to maintain a dry working area. After the pond is developed to a
sufficient depth for floating the dredge boat, the area will be allowed to fill with
groundwater for normal operation. As the pond is developed, there may occasionally be
times when it is necessary to discharge some water. However, since the mining method
will be by hydraulic dredge, it will always be necessary to maintain a high level of
natural groundwater within the pond. This is the most environmentally friendly mining
method possible, since it is virtually impossible to discharge any sediment, it maintains
natural groundwater levels, and it greatly limits dust since it is a "wet" operation.

OPERATION
This Wet Mining operation utilizes a floating hydraulic dredge boat to pump sand
from the pond to a small processing area adjacent to the pond. Water from the sand will
naturally drain back into the pond, maintaining the water level. The initial pond
development requires some stormwater and groundwater to be pumped out of the pond
area to maintain a dry working area. As soon as the pond is developed to a depth
sufficient for floating the dredge boat, it will be allowed to fill with water and the
dredging operation will begin. As the pond is developed with the dredge, it will
occasionally be necessary to discharge some water from the pond. However, the water
level will always remain deep enough to allow the dredge boat to remain afloat and
operate.
Since a high level of water must remain within the pond in order for the dredge to
operate, any pumping of water from the pond will be intermittent and will vary in amount
and duration. It is expected that there may be several weeks at a time when there will be
no discharge at all. At other times, the water in the pond may be lowered for site
development. However, the day to day operation of the dredge does not require regular
discharge of water from the pond. The volume of the discharge depends entirely on the
capacity of the pump and the duration of the pumping. Based on experience with similar
operations, a limit of 12,000 gallons per day is sufficient for an operation of this size.
The Mining Permit issued by the Land Quality Section gives details of the
sediment basin to be utilized for any discharge of water. The basin is designed for a
volume based on a potential of 12,000 gallons per day. However, any water pumped
from the dredge pond will originate far from any source of sediment, and will very likely
exceed any requirements for clarity even before passing through the basin.
When it becomes necessary to pump water from the dredge pond, records will be
kept of the volume of water discharged.

RECHARGE OF GROUNDWATER
Since this is a "wet" mining operation, and water will always be maintained
within the pond, it is highly unlikely that any adjacent groundwater levels will be
affected. However, in order to assure that adjacent wetlands are not affected during times
of pumping, a perimeter "moat" will be excavated between the pond and the wetlands.
This will consist of a ditch 12 feet wide, 4 feet deep, and will extend around the northern
and southern sides of the pond, between the pond and the wetlands. The ditch will be
located 50 feet from the pond, and at least 25 feet from the wetlands. This ditch is shown
on the site plan included as part of this Operation and Monitoring Plan. Whenever any
water is to be discharged from the pond, this ditch will be filled with water. Water from
this ditch will seep into the sandy soil, thereby recharging the groundwater in the wetland
area. Water will flow into the ditch from the sediment basin and will subsequently flow
out of the ditch into existing ditches within the wetlands. Therefore, the wetlands will
also benefit from some surface water recharge as well. During times when there is no
discharge from the pond, the ditches will be allowed to maintain any natural water level.
MONITORING
1. Any time water is discharged from the pond, the volume of water and date will
be recorded.
2. A series of 6 shallow piezometers will be placed within the wetlands as shown
on the site plan. The purpose of the piezometers is to demonstrate that the pond does not
_affect the natural hydrology of the site. According to the US Army Corps of Engineers
Wetlands Delineation Manual (January 1987), natural wetlands hydrology requires
"inundation or saturation to the surface for at least 5% of the growing season". It also
states that this inundation or saturation or saturation may be irregular. Our observations
of the hydric soil profile of this site confirm that the seasonal high water level is at the
surface for at least 5% of the growing season and that natural, water levels also.extend to
as much as 3 feet below the surface periodically. Fluctuations in this water level are
natural and are caused by rainfall events, periods of draught, flooding of the Newport
River, seasonal fluctuations of groundwater, absorption by vegetation, and other factors.
These fluctuations are not cyclical and can vary widely. However, in order to maintain
wetlands hydrology, it must be shown that the area is "inundated or saturated to the
surface continually for at least 5% of the growing season in most years (50% probability
of recurrence)". The piezometers will be measured monthly and water levels will be
recorded. If any significant fluctuation is observed, a comparison will be made to other
known data sources such as USGS Groundwater monitoring in the area, weather and
drought conditions. The primary purpose of the piezometers is to assure that the
hydrology of the wetlands is maintained by observing that the site is "inundated or
saturated for at least 5% of the growing season in most years (50% probability of
recurrence)" as described by the Army corps of Engineers.

CAROLINA GEOLOGICAL SERVICES, INC.
October 4, 2006 OCT 112008
Mr. Ed Beck and Ms. Linda Willis
NCDENR, Div. Of Water Quality WIRO
Wilmington Regional Office
127 Cardinal Drive Extension O C T 33 2006
Wilmington, NC 28405
rx
c4I
WQ
Subject: General Permit 9NCG020000, Nine Foot Road Mine 42,
COCNCG020683, Carteret County
Revised Operation and Monitoring Plan
Dear Mr. Beck and Ms. Willis-,
On behalf of Garner Construction Company, I am herein submitting a revised
Operation and Monitoring Plan for the Nine Foot Road Mine 92. After receiving your
correspondence and review of our original plan, we have tried to provide the additional
information that you have requested and have made some changes to reflect your
concerns. It is the sincere desire of Mr. Garner to protect the environment and to remain
in compliance with all permit requirements. 1 hope that this revised plan will
demonstrate his willingness to take all necessary measures to protect the wetlands on his
property.
In your letter of August 28, you ask several questions and express concerns relating to
the site that need to be addressed. First, you ask how the wetland boundaries were
determined. The wetlands were delineated on two different occasions by qualified
wetlands consultants using the US Army Corps of Engineers Wetland Delineation
standards, specifically as detailed in the "Corps of Engineers Wetland Delineation
Manual'' (January 1987). This delineation was done before the site was designed to
assure that no land disturbance activities would impact any wetlands: The Land Quality
Section requires a minimum 50-foot buffer between any Land Disturbance and any
wetland. To be conservative, the site was designed to remain entirely within the cleared
field, 50 feet from any wooded vegetation. However, the actual wetland limit is 75 to
over 100 feet from the limits of land disturbance. Since the site was located so far from
the actual wetlands limits, the US Army Corps of Engineers determined that they had no
jurisdiction within the site.
P.O. Box 429. GARNER, NC 27529 (91 9)779-0017 FAX: [phone]
OFFICES AT 1 01 WEST MAIN STREET, GARNER, NC

r� "" I
Division of Water Quality
Page')
Many of the concerns in your letter indicate that there may be a misunderstanding of
the actual design and operation of this facility. It should be emphasized that this is a "wet
mining" operation. The "mining area" will actually consist of a deep -water pond with a
floating dredge that pumps sand from the bottom of the water. The pond will never be
"de -watered" since it is necessary to retain a high level of water within the pond to float
the dredge boat. Water may be pumped from the pond occasionally to work the slopes
or obtain material from the deeper sections, but a high level of water will always remain
within the pond. Therefore, pumping will not be required for the day to day operation of
this facility. This is the most "environmentally friendly" mining method possible, since it
has virtually no impact on surrounding groundwater levels. While we understand the
need to assure that any adjacent wetlands are protected, we do not see how a pond, which
retains a high level of water, will have any impact at all on surrounding groundwater
levels or wetlands. In fact, it has been observed in the initial development of this pond
that groundwater levels have actually increased? It is highly unlikely that a pond of water
will have any impact at all on surrounding wetlands.
However, since your office has expressed a concern that the pond may have a negative
impact on the wetlands, we have redesigned the Operation and Monitoring plan to
address your concerns. In the original plan, we proposed to discharge water from the
basin into existing ditches. We agree with your observations that the ditches are
somewhat complex. A field observation showed that there was some connectivity and it
was very difficult to determine where the ditches actually end and the natural swales
begin. Therefore, we have redesigned the plan to construct new ditches parallel to the
edge of the pond and at least 25 feet from the wetlands that will serve to recharge the
groundwater. Water pumped from the pond will first pass through the basin, then flood
these ditches before passing into the existing ditches utilizing existing drainages. The
water contained within these ditches will seep into the sandy soil and constantly recharge
the groundwater.
The site will also be monitored by keeping records of dates and volume of water that
may be pumped from the pond. Keep in mind that pumping from the pond will be
intermittent and vary in amount and duration. It is expected that there may be several
weeks at a time when no pumping will be required at all. At other times, the water in the
pond may be lowered for site development. However, the day to day operation of this
site does not require any pumping from the pond. In addition, a series of piezometers
will be placed within the wetlands to monitor the hydrology of the wetlands and insure
that the site remains in compliance.

Division of Water Quality
Page 3
I must again express Mr. Garner's frustration at the time that it has taken for this
review. This is a "wet mining" operation utilizing a hydraulic dredge in a pond which
retains a high level of water. It is our position that this pond simply could not have any
negative impact on surrounding groundwater levels or wetlands. In fact, it can be shown
that the initial stages of this operation have actually raised the groundwater levels
adjacent to the pond. However, since there will occasionally be some lowering of the
water level within the pond, we have designed the Operation and Monitoring plan to
provide the necessary protection of the surrounding wetlands. I ask that you review this
inforniation as soon as possible so that Mr. Garner can continue his operation. Of course,
if you have any questions, please contact me.
Sincerely,
t�
James C. Izzell, Jr., PG
Carolina Geological Services, Inc.
Enclosure
AIR
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1020
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41" " 0
Operation and Monitoring Plan
Revised September 27, 2006
General Permit # NCG020000
Certificate of Coverage # NCG020683
Nine Foot Road Mine 42
Garner Construction Co.
Carteret County, NC
The purpose of this plan is to provide the necessary precautions to prevent any
impact on adjacent wetlands from discharges from the dredge pond. The plan provides
protection to the wetlands by providing a steady recharge of water as well as regular
monitoring, to demonstrate compliance.
It should be emphasized that this sand mine is a "wet mining" operation, and will
use a hydraulic dredge in its operation, and therefore will not pump water from the pond
on a continual basis. The dredge consists of a boat with a pump that removes sand from
the bottom of the pond to a small processing plant adjacent to the pond. Water drains
from the sand pile, and is recycled back into the pond, maintaining the water level within
the pond. In order for this dredge to operate, a high level of natural groundwater must
remain within the pond at all times. Since a high level of water will remain within the
pond, it is highly unlikely that the natural groundwater level adjacent to the pond will be
affected at all. However, in the initial development of the pond, it is necessary to
discharge some water to maintain a dry working area. After the pond is developed to a
sufficient depth for floating the dredge boat. the area will be allowed to fill with
groundwater for normal operation. As the pond is developed, there may occasionally be
times when it is necessary to discharge some water. However, since the mining method
will be by hydraulic dredge, it will always be necessary to maintain a high level of
natural groundwater within the pond. This is the most environmentally friendly mining
method possible, since it is virtually impossible to discharge any sediment, it maintains
natural groundwater levels, and it greatly limits dust since it is a "wet" operation.

I
OPERATION
This Wet Mining operation utilizes a floating hydraulic dredge boat to pump sand
from the pond to a small .processing area adjacent to the pond. Water from the sand will
naturally drain back into the pond; maintaining the water level. The initial pond
development requires some stormwater and groundwater to be pumped out of the pond
area to maintain a dry working area. As soon as the pond is developed to a depth
sufficient for floating the dredge boat, it will be allowed to fill with water and the
dredging operation will begin. As the pond is developed with the dredge, it will
occasionally be necessary to discharge some water from the pond. However, the water
level will always remain deep enough to allow the dredge boat to remain afloat and
operate.
Since a high level of water must remain within the pond in order for the dredge to
operate, any pumping of water from the pond will be intermittent and will vary in amount
and duration. It is expected that there may be several, weeks at a time when there will be
no discharge at all. At other times; the water in the pond may be lowered for site
development. However, the day to day operation of the dredge does not require regular
discharge of water from the pond. The volume of the discharge depends entirely on the
capacity of the pump and the duration of the pumping. Based on experience with similar
operations, a limit of 12,000 gallons per day is sufficient for an operation of this size.
The Mining Permit issued by the Land Quality Section gives details of the
sediment basin to be utilized for any discharge of water. The basin is designed for a
volume based on a potential of 12,000 gallons per day. However, any water pumped
from the dredge pond will originate far from any source of sediment, and will very likely
exceed any requirements for clarity even before passing through the basin.
When it becomes necessary to pump water from the dredge pond, records will be
kept of the volume of water discharged.

RECHARGE OF GROUNDWATER
Since this is a "wet" mining operation, and water will always be maintained
within the pond, it is highly unlikely that any adjacent groundwater levels will be
affected. However, in order to assure that adjacent wetlands are not affected during times
of pumping, a perimeter "moat" will be excavated between the pond and the wetlands.
This will consist of a ditch 12 feet wide, 4 feet deep, and will extend around the northern
and southern sides of the pond, between the pond and the wetlands. The ditch will be
located 50 feet from the pond, and at least 25 feet from the wetlands. This ditch is shown
on the site plan included as part of this Operation and Monitoring Plan. Whenever any
water is to be discharged from the pond, this ditch will be filled with water. Water from
this ditch will seep into the sandy soil, thereby recharging the groundwater in the wetland
area. Water will flow into the ditch from the sediment basin and will subsequently flow
out of the ditch into existing ditches within the wetlands. Therefore, the wetlands will
also benefit from some surface water recharge as well. During times when there is no
discharge from the pond, the ditches will be allowed to maintain any natural water level.
MONITORING
1. Any time water is discharged from the pond, the volume of water and date will
be recorded.
2. A series of 6 shallow piezometers will be placed within the wetlands as shown
on the site plan. The purpose of the piezometers is to demonstrate that the pond does not
affect the natural hydrology of the site. According to the US Army Corps of Engineers
Wetlands Delineation Manual (January 1987), natural wetlands hydrology requires
"inundation or saturation to the surface for at least 5% of the growing season". It also
states that this inundation or saturation or saturation may be irregular. Our observations
of the hydric soil profile of this site confirm that the seasonal high water level is at the
surface for at least 5% of the growing season and that natural water levels also.extend to
as much as 3 feet below the surface periodically. Fluctuations in this water level are
natural and are caused by rainfall events, periods of draught, flooding of the Newport
River, seasonal fluctuations of groundwater, absorption by vegetation, and other factors.
These fluctuations are not cyclical and can vary widely. However, in order to maintain
wetlands hydrology, it must be shown that the area is "inundated or saturated to the
surface continually for at least 5% of the growing season in most years (50% probability
of recurrence)". The piezometers will be measured monthly and water levels will be
recorded. If any significant fluctuation is observed, a comparison will be made to other
known data sources such as USGS Groundwater monitoring in the area, weather and
drought conditions. The primary purpose of the piezometers is to assure that the
hydrology of the wetlands is maintained by observing that the site is "inundated or
saturated for at least 5% of the growing season in most years (50% probability of
recurrence)" as described by the Army corps of Engineers.

Operation and Monitoring Plan
Revised September 27, 2006
General Permit # NCG020000
Certificate of Coverage # NICG020683
Nine root Road Mine 92
Garner Construction Co,
Carteret County, NC
The purpose of this plan is to provide the necessary precautions to prevent any
impact on adjacent wetlands from discharges from the dredge pond. The plan provides
protection to the wetlands by providing a steady recharge of water as well as regular
monitoring to demonstrate compliance.
It should be emphasized that this sand mine is a "wet reining" operation, and will
use a hydraulic dredge in its operation, and therefore will not pump water from the pond
on a continual basis. The dredge consists of a boat with a pump that removes sand from
the bottom of the pond to a small processing plant adjacent to the pond. Water drains
from the sand pile, and is recycled back into the pond, maintaining the water level within
the pond. In order for this dredge to operate, a high level of natural groundwater must
remain within the pond at all times. Since a high level of water will remain within the
pond, it is highly unlikely that the natural groundwater level adjacent to the pond will be
affected at all. However, in the initial development of the pond, it is necessary to
discharge some water to maintain a dry working area. After the pond is developed to a
sufficient depth for floating the dredge boat, the area will be allowed to fill with
groundwater for normal operation. As the pond is developed, there may occasionally be
times when it is necessary to discharge some water. However, since the mining method
will be by hydraulic dredge, it will always be necessary, to maintain a high level of'
natural groundwater within the pond. This is the most environmentally friendly mining
method possible, since it is virtually impossible to discharge any sediment; it maintains
natural uoundwater levels, and it greatly limits dust since it is a "wet" operation.

OPERATION
This Wet Mining operation utilizes a floating hydraulic dredge boat to pump sand
from the pond to a small processing area adjacent to the pond. Water from the sand will
naturally drain back into the pond; maintaining the crater level. The initial pond
development requires sorne stormwater and groundwater to be pumped out of the pond
area to maintain a dry working area. As soon as the pond is developed to a depth
sufficient for floating the dredge boat; it will be allowed to fill with water and the
dredging operation will begin. As the pond is developed with the dredge, it will
occasionally be necessary to discharge some water from the pond. However, the water
level will always remain deep enough to allow the dredge boat to remain afloat and
operate.
Since a high level of water must remain within the pond in order for the dredge to
operate; any pumping of water from the pond will be intermittent and will vary in amount
and duration. It is expected that there may be several weeks at a time when there will be
no discharge at all. At other times, the water in the pond may be lowered for site
development. However, the day to day operation of the dredge does not require regular
discharge of water from the pond. The volume of the discharge depends entirely on the
capacity of the pump and the duration of the pumping. Based on experience with similar
operations, a limit of 12,000 gallons per day is sufficient for an operation of this size.
The Mining Permit issued by the Land Quality Section gives details of the
sediment basin to be utilized for any discharge of water. The basin is designed for a
volume based on a potential of 12,000 gallons per day. I-IoNvever, any water pumped
from the dredge pond will originate far from any source of sediment, and will very_ likely
exceed any requirements for clarity even before passing through the basin.
When it becomes necessary to pump water from the dredge pond, records will be
kept of the volume of «later discharged.

RECHARGE OF GROUND«'ATER
Since this is a "wet" mining operation; and water will always be maintained
Within the pond, it is highly unlikely that any adjacent groundwater levels will be
affected. However, in order to assure that adjacent wetlands are not affected during times
of pumping, a perimeter "moat" will be excavated between the pond and the wetlands.
This will consist of a ditch 12 feet wide; 4 feet deep, and will extend around the northern
and southern sides of the pond; between the pond and the wetlands. The ditch wil l be
located 50 feet from the pond; and at least 25 feet from the wetlands. This ditch is shown
on the site plan included as part of this Operation and Monitoring Plan. Whenever any
water is to be discharged from the pond; this ditch will be filled with water. Water frorn
this ditch will seep into the sandy soil, thereby recharging the groundwater in the wetland
area. Water will flow into the ditch from the sediment basin and will subsequently flow
out of the ditch into existing ditches within the wetlands. Therefore; the wetlands will
also benefit from some surface water recharge as well. During times when there is no
discharge from the pond, the ditches will be allowed to maintain any natural water level.
MONITORING
1. Any time water is discharged from the pond, the volume of water and date will
be recorded.
2. A series of 6 shallow piezometers will be placed within the wetlands as shown
on the site plan. The purpose of the piezometers is to demonstrate that the pond does not
affect the natural hydrology of the site. According to the US Army Corps of Engineers
Wetlands Delineation Manual (January 1987), natural wetlands hydrology requires
"inundation or saturation to the surface for at least 5% of the growing season". It also
states that this inundation or saturation or saturation may be irregular. Our observations
of the hydric soil profile of this site confirm that the seasonal high water level is at the
surface for at least 5% of the growing season and that natural water levels also extend to
as much as 3 feet below the surface periodically. Fluctuations in this water level are
natural and are caused by rainfall events, periods of draught, flooding of the Newport
River, seasonal fluctuations of groundwater, absorption by vegetation, and other factors.
These fluctuations are not cyclical and can vary widely. However, in order to maintain
wetlands hydrology; it must be shown that the area is "inundated or saturated to the
surface continually for at least 5% of the growing season in most years (50% probability
of recurrence)". The piezometers will be measured monthly and water levels will be
recorded. If any significant fluctuation is observed, a comparison will be made to other
known data sources such as USGS Ground,yater monitoring in the area, weather and
drought conditions. The primary purpose of the piezometers is to assure that the
hydrology of the wetlands is maintained by observing that the site is "inundated or
saturated for at least 5% of the growing season in most years (50% probability of
recurrence)" as described by the Army corps of L-ngineers.

W A T�9Q
cor
t� �
Mr. James Izzell
Carolina Geological Services, Inc.
P.O. Box 429
Garner, NC 27529
Dear Mr, Izzell,
Michael F. Easley, Governor
William G. Ross Jr_ Secretary
North Carolina Department of Environment and Natural Resources
August 28, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
The following correspondence is in response to your letter, dated August 151h, to Mr. Ed Beck. Your
comment regarding my disappointment with the U.S. Army Corps of Engineer's position was
misrepresented. The information you relayed to the Division as a result of the ACOE site visit was simply
that there were no wetlands within the boundary of the existing farm fields. During our phone
conversation on July 21, i asked that the Corp verify the wetland boundary you had identified on your site
map. My disappointment was that the boundary of the wetlands was not verified as a result of the ACOE
site visit. You stated I had missed an appointment with Mr. Garner on August 1 11h. I had made no
appointment with Mr. Garner or yourself on August 1 11h. I stated I would try to make it to the mine that
day after a visit at another mine site in Pender County. I had relayed that information to you with the
hope you could meet me at the site. You indicated you would be on vacation and therefore would not be
available. You did not convey to me that you would attempt to set an appointment with Mr. Garner on
August i 1'h in my behalf.
You and I spoke on the phone on July 19, 2006 at which time you indicated you were very familiar with
the requirements of the NCG020000 permit. Your letter to Ed Beck relays frustration concerning the
requirements of Part III, Section C. 1. (page 5 of 9) which requires an Operations and Monitoring Plan be
secured, implemented and approved by the Division prior to any mine dewatering. The permit text does
not provide specifics since each O & M Plan is entirely site specific. The only specifics provided in the
permit text are as follows. -
Monitoring strategies to demonstrate the effect of pumping and, as necessary, establish
the pumping regime necessary to reduce impacts.
• Detailed plans to maintain the surrounding hydrology and the respective monitoring to
demonstrate compliance.
In response to your request, the following list of concerns/topics (which may not be all inclusive) are
offered in order to provide guidance for developing an O & M Plan for Nine Foot Road Mine #2:
How were the wetland boundaries determined? .
On July 17, 2006, you advised me by phone that you had not Walked any of the ditches
that are proposed for use in mine dewatering. Determine the distances each ditch
extends into the wetland and the distance from each ditch to the Newport River. Please
correct the site map accordingly. Describe how the ditches end. Do they gradually
disappear or do they end abruptly? Describe how the discharge to each ditch will
accomplish sheet flow to all the adjacent wetlands located around the perimeter of the
mine. Describe how the ditches will maintain hydrology for the adjacent wetlands
located north of the mine site.
NorthCarotina
, alurally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Fax [phone]
An Equal OpportunitylAtfirmative Action Employer — 50% Recycledll0% Post Consumer Paper

Page three
NCG020683
• Your O & M Plan should include the volume of water the settling basin can hold and the
amount and the rate and duration of discharge anticipated from the settling basin. You
mentioned 12,000 gallons per day in an email to Mr. Ed Beck. Provide the calculations
(including any assumptions) justifying that estimate and include them in the Plan.
• The map shows one settling basin east of the ditch that cuts through the narrowest
portion of the mine site. During a visit to the mine, a settling pond was seen located West
of the ditch. Will this pond remain on site? Will it be used as a settling basin as well? If
it will be used as a settling basin please include it on the site map.
• The O & M Plan requires detailed plans to maintain the surrounding hydrology and the
respective monitoring to demonstrate compliance. The Plan states that a series of 6
shallow monitoring wells will be installed at the site, located 25 feet within the wetlands
and spaced no greater than 300 feet apart. Please include the locations of wells on the
site map in order that their locations can be seen relative to the adjacent wetlands
bordering the mine site.
• The Plan states that the monitoring wells will be 5 feet below the static water level. It
states also that if the well levels drop 3 feet or more, all dewatering in the excavation will
be suspended until groundwater levels have recovered to natural levels. Be advised, to
protect a wetland means to protect it's hydrology. A drop of 3 feet in the water table
could be detrimental to the wetlands. The seasonal high water table in the wetlands must
be determined either by a registered soil scientist or through long term monitoring., Those
levels should be documented and used as a benchmark to maintain throughout the wet
and growing season. Monitoring the overall condition of the vegetation while mining
activities occur would be beneficial. Should impacts in the adjacent wetlands occur, what
contingency backup plan will you utilize?
• The Plan states that the monitoring wells will be monitored once per month. This may be
adequate, however, should monitoring suggest significant changes in the wetland
hydrology, more frequent monitoring will be required.
The Mining permit No 16-61 requires a 50 foot buffer from mine site to the adjacent wetlands.
The map submitted with the NOI indicates a 25 foot buffer to wetland boundaries. Once the wetland
boundary is determined, the site map should be modified to show a 50 foot boundary between the mine
site and the adjacent wetlands.
I sincerely hope this correspondence provides you enough guidance to understand the type of contents
an O & M Plan should provide. Should you require any additional help, please do not hesitate to contact
meat 910-796-7343.
Sincerely,
YYui�L-J
Linda Willis
Environmental Engineer
Surface Water Protection Section
Division of Water Quality
Cc: Ed Beck, Regional Supervisor, Surface Water Protection Section, WiRO
Bethany Georgoulias, Stormwater Permitting Unit, DWQ, Raleigh
Mr. Garner (5970 Highway 70, Newport NC 28570)

Nine Foot Mine #2 - Carteret
&-, Nt� 02,6 65 3
Suhject: Nine Foot Mine 92 - Carteret
From: Bethany Georgoulias<[e-mail]>
Date: Fri, 23 Jun 2006 12:44:45 -0400
To: -Ed -Beck <Ed:Beck@ncmailnet>
Hi Ed,
We've received an NOI from Garner Construction for Nine Foot Mine #'2 Mine in Newport
(Carteret County) for coverage of their sand mine under NCG02 (Mining SW/WW permit).
The site (sched. to start April 2006?) will discharge stormwater and mining dewatering
water into the Newport River (Class C segment) through a settling basin, *and into
wetlands* adjacent to the river. The Mining Permit (16-61) was issued from DLR back
in November 2005.
The NOT is attached; however, there is a larger map that I couldn't scan -- it will be
on it's way to you via interoffice mail. At the bottom of the map, a note says
"Modification Request, June 2006: Excess stormwater or groundwater will be pumped out
of the mining area. A basin has been added within the previously approved mining
area. The only discharge of any water will be by pumping through this basin.
Discharges will average less than 12,000 gallons per day. All stormwater will be
contained within the mining area until it is pumped out."
Does the Wilmington Regional Office have any concerns about issuing this facility a
COC for this general permit? Obviously, there are potential impacts to wetlands, so
I'm not sure if the Region has already been working with this permittee regarding an
Operation and Monitoring plan. Normally if we don't receive any objections, we'll
issue the COC in 30 days, but I'll wait to hear from you on this one given the
wetlands issues.
Thanks,
BG
--
Bethany Georgoulias
Environmental Engineer JU N 2 6 2006
NC DENR DWQ
Stormwater Permitting Unit;
[phone], ext. 529
[e-mail]
NCG020683_N0I.p01 Content -Type: application/pH
Content -Encoding: base64
copy o N 012, JAA� o f cam -
of 1 6/23/2006 12:45 PM

F OF W A �FR
r
❑ �r
Mr. James Izzell
Carolina Geological Services, Inc.
P.O. Box 429
Garner, NC 27529
Dear Mr. Izzell,
Michael P. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 28, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
The following correspondence is in response to your letter, dated August 151h, to Mr. Ed Beck. Your
comment regarding my disappointment with the U.S. Army Corps of Engineer's position was
misrepresented. The information you relayed to the Division as a result of the ACOE site visit was simply
that there were no wetlands within the boundary of the existing farm fields. During our phone
conversation on July 21, 1 asked that the Corp verify the wetland boundary you had identified on your site
map. My disappointment was that the boundary of the wetlands was not verified as a result of the ACOE
site visit. You stated I had missed an appointment with Mr. Garner on August 1 1th. I had made no
appointment with Mr. Garner or yourself on August 11th. I stated I would try to make it to the mine that
day after a visit at another mine site in Pender County. I had relayed that information to you with the
hope you could meet me at the site. You indicated you would be on vacation and therefore would not be
available. You did not convey to me that you would attempt to set an appointment with Mr. Garner on
August 11th in my behalf.
You and I spoke on the phone on July 19, 2006 at which time you indicated you were very familiar with
the requirements of the NCG020000 permit. Your letter to Ed Beck relays frustration concerning the
requirements of Part III, Section C. 1. (page 5 of 9) which requires an Operations and Monitoring Plan be
secured, implemented and approved by the Division prior to any mine dewatering. The permit text does
not provide specifics since each O & M Plan is entirely site specific. The only specifics provided in the
permit text are as follows:
• Monitoring strategies to demonstrate the effect of pumping and, as necessary, establish
the pumping regime necessary to reduce impacts.
• Detailed plans to maintain the surrounding hydrology and the respective monitoring to
demonstrate compliance.
In response to your request, the following list of concerns/topics (which may not be all inclusive) are
offered in order to provide guidance for developing an 0 & M Plan for Nine Foot Road Mine #2:
How were the wetland boundaries determined?
On July 17, 2006, you advised me by phone that you had not walked any of the ditches
that are proposed for use in mine dewatering. Determine the distances each ditch
extends into the wetland and the distance from each ditch to the Newport River. Please
correct the site map accordingly. Describe how the ditches end. Do they gradually
disappear or do they end abruptly? Describe how the discharge to each ditch will
accomplish sheet flow to all the adjacent wetlands located around the perimeter of the
mine. Describe how the ditches will maintain hydrology for the adjacent wetlands
located north of the mine site.
iv'o�'rthCarotina
J'l aturully
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Internet: www.-ncA,mc.Lquality.org Fax [phone]
An Equal opportunitylAifirrnative Action Employer — 50% Recycled/10% Post Consumer Paper

r�
Page three
NCG020683
• Your O & M Plan should include the volume of water the settling basin can hold and the
amount and the rate and duration of discharge anticipated from the settling basin. You
mentioned 12,000 gallons per day in an email to Mr. Ed Beck. Provide the calculations
(including any assumptions) justifying that estimate and include them in the Plan.
• The map shows one settling basin east of the ditch that cuts through the narrowest
portion of the mine site. During a visit to the mine, a settling pond was seen located West
of the ditch. Will this pond remain on site? Will it be used as a settling basin as well? If
it will be used as a settling basin please include it on the site map.
• The O & M Plan requires detailed plans to maintain the surrounding hydrology and the
respective monitoring to demonstrate compliance. The Plan states that a series of 6
shallow monitoring wells will be installed at the site, located 25 feet within the wetlands
and spaced no greater than 300 feet apart. Please include the locations of wells on the
site map in order that their locations can be seen relative to the adjacent wetlands
bordering the mine site.
• The Plan states that the monitoring wells will be 5 feet below the static water level. It
states also that if the well levels drop 3 feet or more, all dewatering in the excavation will
be suspended until groundwater levels have recovered to natural levels. Be advised, to
protect a wetland means to protect it's hydrology. A drop of 3 feet in the water table
could be detrimental to the wetlands. The seasonal high water table in the wetlands must
be determined either by a registered soil scientist or through long term monitoring. Those
levels should be documented and used as a benchmark to maintain throughout the wet
and growing season. Monitoring the overall condition of the vegetation while mining
activities occur would be beneficial. Should impacts in the adjacent wetlands occur, what
contingency backup plan will you utilize?
• The Plan states that the monitoring wells will be monitored once per month. This may be
adequate, however, should monitoring suggest significant changes in the wetland
hydrology, more frequent monitoring will be required.
The Mining permit No 16-61 requires a 50 foot buffer from mine site to the adjacent wetlands.
The map submitted with the NOI indicates a 25 foot buffer to wetland boundaries. Once the wetland
boundary is determined, the site map should be modified to show a 50 foot boundary between the mine
site and the adjacent wetlands.
sincerely hope this correspondence provides you enough guidance to understand the type of contents
an O & M Plan should provide. Should you require any additional help, please do not hesitate to contact
me at 910-796-7343.
Sincerely,
Linda Willis
Environmental Engineer
Surface Water Protection Section
Division of Water Quality
Cc: Ed Beck, Regional Supervisor, Surface Water Protection Section, WiRO
Bethany Georgoulias, Stormwater Permitting Unit, DWQ, Raleigh
Mr. Garner (5970 Highway 70, Newport NC 28570)

o� WArF9
�{ ON 4>G
O �
Mr. James Izzell
Carolina Geological Services, Inc.
P.O. Box 429
Garner, NC 27529
Dear Mr. Izzell,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 28, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
The following correspondence is in response to your letter, dated August 15th, to Mr. Ed Beck. Your
comment regarding my disappointment with the U.S. Army Corps of Engineer's position was
misrepresented. The information you relayed to the Division as a result of the ACOE site visit was simply
that there were no wetlands within the boundary of the existing farm fields. During our phone
conversation on July 21, 1 asked that the Corp verify the wetland boundary you had identified on your site
map. My disappointment was that the boundary of the wetlands was not verified as a result of the ACOE
site visit. You stated I had missed an appointment with Mr. Garner on August 1 lu". I had made no
appointment with Mr. Garner or yourself on August 1 11h. I stated I would try to make it to the mine that
day after a visit at another mine site in Pender County. I had relayed that information to you with the
hope you could meet me at the site. You indicated you would be on vacation and therefore would not be
available. You did not convey to me that you would attempt to set an appointment with Mr, Garner on
August 11th in my behalf.
You and I spoke on the phone on July 19, 2006 at which time you indicated you were very familiar with
the requirements of the NCG020000 permit. Your letter to Ed Beck relays frustration concerning the
requirements of Part III, Section C. 1. (page 5 of 9) which requires an Operations and Monitoring Plan be
secured, implemented and approved by the Division prior to any mine dewatering. The permit text does
not provide specifics since each O & M Plan is entirely site specific. The only specifics provided in the
permit text are as follows:
• Monitoring strategies to demonstrate the effect of pumping and, as necessary, establish
the pumping regime necessary to reduce impacts.
• Detailed plans to maintain the surrounding hydrology and the respective monitoring to
demonstrate compliance.
In response to your request, the following list of concerns/topics (which may not be all inclusive) are
offered in order to provide guidance for developing an O & M Plan for Nine Foot Road Mine #2:
Now were the wetland boundaries determined?
On July 17, 2006, you advised me by phone that you had not walked any of the ditches
that are proposed for use in mine dewatering. Determine the distances each ditch
extends into the wetland and the distance from each ditch to the Newport River. Please
correct the site map accordingly. Describe how the ditches end. Do they gradually
disappear or do they end abruptly? Describe how the discharge to each ditch will
accomplish sheet flow to all the adjacent wetlands located around the perimeter of the
mine. Describe how the ditches will maintain hydrology for the adjacent wetlands
located north of the mine site.
ne
Noah Carolina
�Aatmra!!t�
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Custamcr Service
Internet: w'ww,ncwatcrguality.oFg Fax [phone]
An Equal Opportunely/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Page three
NCG020683
• Your O & M Plan should include the volume of water the settling basin can hold and the
amount and the rate and duration of discharge anticipated from the settling basin. You
mentioned 12,000 gallons per day in an email to Mr. Ed Beck. Provide the calculations
(including any assumptions) justifying that estimate and include them in the Plan.
• The map shows one settling basin east of the ditch that cuts through the narrowest
portion of the mine site. Durind a visit to the mine, a settling pond was seen located West
of the ditch. Will this pond remain on site? Will it be used as a settling basin as well? If
it will be used as a settling basin please include it on the site map.
• The O & M Plan requires detailed plans to maintain the surrounding hydrology and the
respective monitoring to demonstrate compliance. The Plan states that a series of 6
shallow monitoring wells will be installed at the site, located 25 feet within the wetlands
and spaced no greater than 300 feet apart. Please include the locations of wells on the
site map in order that their locations can be seen relative to the adjacent wetlands
bordering the mine site.
• The Plan states that the monitoring wells will be 5 feet below the static water level. It
states also that if the well levels drop 3 feet or more, all dewatering in the excavation will
be suspended until groundwater levels have recovered to natural levels. Be advised, to
protect a wetland means to protect it's hydrology. A drop of 3 feet in the water table
could be detrimental to the wetlands. The seasonal high water table in the wetlands must
be determined either by a registered soil scientist or through long term monitoring. Those
levels should be documented and used as a benchmark to maintain throughout the wet
and growing season. Monitoring the overall condition of the vegetation while mining
activities occur would be beneficial. Should impacts in the adjacent wetlands occur, what
contingency backup plan will you utilize?
• The Plan states that the monitoring wells will be monitored once per month. This may be
adequate, however, should monitoring suggest significant changes in the wetland
hydrology, more frequent monitoring will be required.
The Mining permit No 16-61 requires a 50 foot buffer from mine site to the adjacent wetlands.
The map submitted with the NOI indicates a 25 foot buffer to wetland boundaries. Once the wetland
boundary is determined, the site map should be modified to show a 50 foot boundary between the mine
site and the adjacent wetlands.
I sincerely hope this correspondence provides you enough guidance to understand the type of contents
an O & M Plan should provide. Should you require any additional help, please do not hesitate to contact ,
me at 910-796-7343.
Sincerely,
Linda Willis
Environmental Engineer
Surface Water Protection Section
Division of Water Quality
Cc: YEd Beck, Regional Supervisor, Surface Water Protection Section, WiRO
Bethany Georgoulias, Stormwater Permitting Unit, DWQ, Raleigh
Mr. Garner (5970 Highway 70, Newport NC 28570)

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<� cpp Q'oz
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'Or�o( rr

nUG-15-05 TUE 10-21 AM CAROLINA.GEOLOGICAL 9197797227
Carolina Geological Services, Inc.
P.O. Box 429, Garner, NC 27529 Phone [phone]
Fax [phone]
FAX TRANSMITTAL
TIO 350_-2w�
From:_ J&Mjz,
Date:_ T _t ! -z
Total Pages: (including this page)
Notes:
If you do not receive this document in satisfactory Condition, please call our
office.
P. 01

AUG-15-06 TUE 10:22 AM CAROLINA.GEOLOGICAL 9197797227 P.02
CAROLINA GEOLOGICAL SERVICES, INC.
August 15, 2006
Mr. Ed Beck
NCDENR, Div. Of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: General Permit 9NCG020000, Nine Foot Road Mine 92,
COCNCG020683, Carteret County
Operation and Monitoring Plan
Dear Nlr. Beck;
On behalf of Garner Construction Company, I am writing to you to express their
frustration at the approval process for their Operation and Monitoring Plan for the above
referenced General Stormwater Permit. As you may recall; Garner Construction
Company was forced to close their operation in Nlay of this year due to the need to
discharge some water from the sand pit. For your reference, I have detailed the dates and
actions taken to date:
May 2006: Sand pit forced to close due to need for water discharge.
June 8: Applications submitted with Div. Of Land Quality for Mining Permit
Modification and Dior. Of Water Quality for General Stormwater
Permits -
June 30: Div. Of Water Quality approves COCNCG020683, with the provision
that an "Operation and Monitoring Plan' be submitted.
July 12: Land Quality Section approves Mining Permit modification to allow
Water to be discharged from pit.
July 17: Garner Construction Company submits `Operation and Monitoring
Plan' to your office.
July 21; Linda Willis requests that Garner Construction Co. have the US Array
Corps of Engineers review the plan.
August 2: Mickey Sugg of the US Army Corps of Engineers reviews the
project and submits an e-mail to your office stating that the US Army
Corps of Engineers had no jurisdiction over the site as planned-
P.O. Box 429, GARNER, NC 27529 [phone] FAX: (9 1 9)'779-7227
OFFICES AT 10 1 WE5T MAIN STREET. GARNER, NC

AIJG--15-06 TUE 10:22 AM CAROLINA.GEOLOGIGAL 9197797227 p.03
Mr. Ed Beck
August 15, 2006
August 3: Linda Willis explains to me that she was disappointed with the US
Army Corps of Engineers position and that she and a co-worker had to
revisit to further inspect the wetlands and the ditches. She made an
appointment to be at the site on Friday afternoon, August 11 at
approximately 3:00 pm.
August 11: Mr. Morgan Garner arrives at the site at 1:00 and gaits until 6:00
for Ms. Willis, who never arrived or called me or Mr. Garner informing
us of her change in plans.
I telephoned Ms. Willis yesterday, leaving her a message inquiring about the site visit
and the progress of the approval of the Operation and Monitoring Plan. She returned my
call late yesterday with a message informing us that she did not have time to visit the site
on the 1 V as planned. She went on to explain that she was rev-ie«ing another mining
operation that had been waiting since 2005 .for approval. She also requested that we
"take photographs" of the site and the ditches that discharge into the wetlands, and that
we prepare an "Operation and Monitoring Plan"_ She has expressed some concern that
the discharge may actually bypass the wetlands and drain directly into the Newport River.
The Newport River is over 500 feet a-,vay from the discharge point where the ditches
discharge into the wetland.
In designing the "Operation and Monitoring Plan'`; ive designed a plan that forces -the
discharge water to flow into the wetlands for recharge of the near -surface water. The
ditches selected for this purpose were chosen to maximize this recharge. The ditches do
not flow into the Newport River. The ditches end within the wetlands, and all water in
the ditches will flow by sheet flow back into the wetlands area. Further, the plan calls for
regular monitoring of the water level and the health and vitality of the wetland
vegetation. This monitoring plan should demonstrate the effectiveness of the recharge
and prevent any dewatering of the wetlands.
I hope you can understand my client's frustration at this point. He has been forced to
shut clown his business for several months, while he has responded to every request as
quickly and completely as possible. We have submitted the Operation and Monitoring
Plan, which followed the guidelines in the language of the General Pennit and followed
the guidance from conversations with you and Nis. Willis. At Ms. Willis' request, we
had the US Army Corps of Engineers review the plans; and they have submitted their
position to your office. And now we are being asked to submit photographs of the site,
which has been inspected numerous times in recent weeks by a variety of agencies and by
Ms. Willis herself. Further, we are now asked to submit another Operation and
Monitoring Plan with no guidance on how our original plan is inadequate.

AUG--15-06 TUE 10:23 AM CAROLrNA.GEOLOGICAL 9197797227 P-04
Mr. Ed Beck
Page 3
We therefore ask that the previously submitted "Operation and Monitoring Flan" be
approved as submitted, or that you provide us with any specific revisions that you require
to the plan so that approval can be made in a timely manger.
Sincerely,
James C. Izzell, Jr., PG
cc; Garner Construction Co.

Re: Garner Construction Mine Site- Carteret County
Subject: Re: Garner Construction Mine Site- Carteret County
From: Ed Beck <[e-mail]>
Date: Thu, 03 Aug 2006 17:34:47 -0400
To: "Sugg, Mickey T SAW" <Mickey,[e-mail]>
CC: Linda Willis <Linda.WiIli [e-mail]>, Noelle Lutheran <Noel] e. Lutheran@ncmail. net>
Mickey
Thank you very much for the information.
Ed
Sugg, Mickey T SAW wrote:
Ed -
This e-mail serves as our position that no wetlands are presence within the boundaries of the existing farm
fields, designated as Nine Foot Road Mine Number Two. Therefore, no Corps authorization is required. If
the proposal extends beyond the mining perimeter (wlin the woods line) depicted on the 7125/05 drawing, it
is strongly recommended that the owner employ a wetland consultant to inspect the area for jurisdictional
wetlands & waters.
Call if you have any questions,
-Mickey
Corps of Engineers
PO Box 1890
Wilmington, NC 28402
Office, [phone]
Fax, [phone]
)TOOD_C0_/_J
o —7 f1-
'1 of 1
10/25/2006 1.09 PM

CAROLINA GEOLOGICAL SERVICES, INC.
July 17, 2000
JUL 1 9 Z006
Mr. Ed Beck BY.
NCDENR, Div. Of Water Quality.
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: General Permit #NCG020000,-Nine Foot Road Mine-42,
COCNCG020683, Carteret County
Operation and Monitoring Plan
Dear Mr. Beck;
On behalf of Garner Construction Company, I am writing in reference to the above
referenced General Stormwater Permit. As you may recall, Garner Construction
Company received a General Stormwater Permit from the Division of Water Quality
dated .Tune 30. 2006 to allow them to discharge Stormwater and groundwater from their
sand mine. As stated in the cover letter, the mine may have "the potential to impact
adjacent wetlands". Therefore, in accordance with the permit requirements, we are
herein submitting an Operation and Monitoring Plan. The purpose of this plan is to
take every precaution to prevent any impact on adjacent wetlands and to continually
monitor site conditions before any impact occurs.
The key to minimizing the impact on the wetlands at this site is a recharge of the
groundwater. As indicated on the Mine Plan, the Stormwater and groundwater that will
be pumped from the pit will first pass through a sediment basin to remove sediment from
the water. After leaving this basin it will flow through an existing ditch directly into the
adjacent wetlands. All water pumped from this pit will flow by sheet flow into the
wetlands, providing a constant recharge during times of pit dewatering.
In order to monitor any potential impact on the wetlands; a series of shallow
monitoring wells will be constructed near the edge of the wetlands. Regular
measurement of the groundwater will assure that the above described recharge is
effectively maintaining the groundwater and to demonstrate compliance.
��: � � �� . 8 f � l o e � ► �. do 1��-►ti •, R�.o� �, vrw� ec �u�-r� �-o-�t � 4.��. La d
co.aA %GA.. s.-k-k-o i-- -
P.O. Box 429, GARNER, NC 27529 (91 9)779-001 7 FAX: [phone]
OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC

Div. of Water Quality
Page 2
It is the sincere desire of Garner Construction Company to operate their sand mine in a
manner that protects and preserves the surrounding environment. It is hoped that the
attached Operation and Monitoring Plan will fulfill the requirement as stated in Section
C, Part 1 of the General Stormwater Permit. As you may know, the original Mining
Permit for this mine was approved by the Land Quality Section in 2005 to operate this
facility without any discharge whatsoever, however; site conditions required them to
modify their plan. On July 12, 2006, the Land Quality'Section approved this
modification request. However, at this time the sand mine is unable to operate without
discharging. If I can provide any further information or answer any questions, please call
Me.
Sincerely, ��.•'�Ot��t'� OARol1%,..
<' E NS�o 9
SE AI_
James C. Izzell, Jr., PG 1020
Carolina Geological Services Inc. 7 GFpt WSJ
C. k Z Z� ��•.
••••JJJff�f il��,�
enclosure

I

Operation and Monitoring Plan
General Permit # NCG020000
Certificate of Coverage # NCG020683
Nine Foot Road Mine #2
Garner Construction Co.
Carteret County, NC
The purpose of this plan is to provide the necessary precautions to prevent any
impact of the mine dewatering on adjacent wetlands. The plan provides protection to the
wetlands by providing a steady rechar e of water as well as regular monitoring to
demonstrate compliance.
i . Reeh"rge: As shown on the ���inc plan, all stornrayrater and grqund ;;rater that :s
removed from the mining area will first be pumped into a sediment basin to allow
sediment to settle from the water. After passing through this basin, the water will be
discharged via an existing ditch, directly into the adjacent wetlands by sheet flow. Thus,
the wetlands will be constantly recharged during times of pit dewatering.
2. Monitoring: In order to monitor any potential impact to the near -surface
groundwater, a total of 6 monitoring wells will be installed at the site. These wells will
be located 25 feet within the wetlands (75 feet from the excavation), and spaced no
greater than 300 feet apart. They will be constructed of 2" diameter PVC, with standard
slotted sections and casing. The total depth will extend to approximately 5 feet below
existing static water level, and the screened interval will be sealed from surface water by
a bentonite plug. The wells will be constructed in accordance with NCDENR Well
Construction standards.
Water levels in these wells will be measured once a month. According to observations
at this site, current groundwater levels are within 2 feet of the surface. While some minor
fluctuations are anticipated, any significant drop in the near -surface water levels will be
noted. If the groundwater levels drop 3 feet or more, all dewatering in the excavation
will be suspended until groundwater levels have recovered to natural levels.
In addition, the overall condition of the wetland plants and soil conditions will be
monitored on a monthly basis. if any significant impact is noted in the existing plants or
soil conditions, dewatering activity will be suspended until recovery is noted.
All monitoring records will be maintained and available for review upon request.

JUL-18-06 TUE 09:28 AM CAROLINA.GEOLOGICAL 9197797227
To:
Carolina Geological Services, Inc.
P.O. Box 429, Garner, NC 27529 Phone [phone]
Fax [phone]
FAX TRANSMITTAL
ED 13ceK . 7 tv. . e�:- �
From:
Date:. 7- 1 8
Total Pages: `T (including this page)
Notes:
Mr. Beck;
UALI
As we discussed on the telephone, please find attached an Operation and
Monitoring Plan for the Nine Foot Road Mine #2, Garner Construction Co.,
Carteret County, COCNCG020683.
Thank you
If you do not receive this document in satisfactory condition, please call our
office.
P.01

JUL-18-06 TUE 09:29 AN CAROLINA.GEOLOGICAL 9197797227 P.02
CAROL.INA GEOLOGICAL SERVICES, INC.
July 17, 2006
Mr_ Ed Beck
NCDENR, Div. Of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: General Permit #NCG020000, Nine Foot Road Mui ie #2,
COCNCG020583, Carteret County
Operation and Monitoring Plan
Dear Mr. Beck;
On behalf of Garner Construction Company, I am writing in reference to the above
referenced General Stormy;pater Permit. As you may recall, Garner Construction
Company received a General Stormwater Permit from the Division of Water Quality
dated June 30, 2006 to allow them to discharge stormwater and groundwater from their
sand mine. As stated in the cover letter, the mine may have "the potential to impact
adjacent wetlands''. Therefore, in accordance with the permit requirements, we are
herein submitting an Operation and Monitoring Plan., The purpose of this plan is to
take every precaution to prevent any impact on adjacent wetlands and to continually
monitor site conditions before any impact occurs.
The key to rninurzizing the impact on the wetlands at this site is a recharge of the
groundwater. As indicated on the Mine Plan, the stormwater and groundwater that will
be pumped from the pit will first pass through a sediment basin to remove sediment from
the water. After leaving this basin it will flow through an existing ditch directly into the
adjacent wetlands. All water pumped from this pit will flow by sheet flow into the
wetlands, providing a constant recharge during times of pit dewatering.
In order to monitor any potential impact on the wetlands, a series of shallow
monitoring wells will be constructed near the edge of the wetlands. Regular
measurement of the groundwater will assure that the above described recharge is
effectively maintaining the groundwater and to demonstrate compliance.
P.O. BOX 429, GARNER, NC 27529 (91 9)779-0017 FAX: [phone]
OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC

JUL-18-06 TUE 09:29 AM CAROLINA.GEOLOGICAL 9197797227 P.03
Div, of Water Quality
Page 2
It is the sincere desire of Garner Constriction Company to operate their sand mine in a
manner that protects and preserves the surrounding environment. It is hoped that the
attached Operation and Monitoring Plan will fulfill the requirement as stated in Section
C. Part 1 of the Genera]. Stonztwater Permit. As you may know; the original Mining
Permit for this mine was approved by the Land Quality Section in 2005 to operate this
facility without any discharge whatsoever, however, site conditions required them to
modify their plan. On July 12, 2006, the Land Quality Section approved this
modification request. However, at this time the sand mine is unable to operate without
discharging. If I can provide any further infonnation or answer any questions, please call
me.
+ ►11►114144j�+f
Sincerely, ,��,••� C ARO,�y��
SE Al.
James C. Izzell, Jr., PG c 1020
��
Carolina Geological Services, Inc. -i !_ 01 17
enclosure

JUL-18-06 TUE 09:30 AM CAROLINA.GEOLOGICAL 9197797227 P.04
Operation and Monitorirg Plan
General Permit # NCGO20000
Certificate of Coverage # NCG020683
Nine Foot Road Mine #2
Garner Construction Co.
Carteret County, NC
The purpose of this plan is to provide the necessary precautions to prevent any
impact of the mine dewatering on adjacent wetlands. The plan provides protection to the
wetlands by providing a steady recharge of water as well as regular monitorin to
demonstrate compliance.
I _ Recharge: As shown on the mine plan, all stormwater and groundwater that is
removed from the mining area will first be pumped into a sediment basin to allow
sediment to settle from the water. After passing through this basin, the water Arill be
discharged via an existing ditch, directly into the adjacent wetlands by sheet flow. Thus,
the wetlands will be constantly recharged during times of pit dewatering.
2. Monitoring: In order to monitor any potential impact to the near -surface
groundwater, a total of 6 monitoring wells will be installed at the site. These wells will
be located 25 feet within the wetlands (75 feet from the excavation), and spaced no
greater than 300 feet apart. They will be constructed of 2" diameter PVC, with standard
slotted sections and casing. The total depth will extend to approximately 5 feet below
existing static water level, and the screened interval will be sealed from surface water by
a bentonite plug. The wells will be constructed in accordance with NCDENR Well
Construction standards.
Water levels in these wells will be measured once a month. According to observations
at this site, current groundwater levels are wi to 2 feet of the surface. While some minor
fluctuations are anticipated, any significant drop in the near -surface water levels will be
noted. If the groundwater levels drop 3 feet or more, all dewatering in the excavations
will be suspended until groundwater levels have recovered to natural levels.
In addition, the overall condition of the wetland plants and soil conditions will be
monitored on a monthly basis. If any significant impact is noted in the existing plants or
soil conditions, dewatering activity will be suspended until recovery is noted.
All monitoring records will be maintained and available for review upon request.

c'o� W A 7FR
�O 7
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Morgan Garner
Garner Construction Company
5970 Highway 70
Newport, NC 28570
Dear Mr. Garner:
Alan W. Klimek, P.E. Director
Division of Water Quality
June 30, 2006
IECFF
JUL
BY. _
Subject: General Permit No. NCG020000
Nine Foot Road Mine #2
COC NCG020683
Carteret County
In accordance with your application for a discharge permit received on June 7, 2006, we
are forwarding herewith the subject certificate of coverage 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 May 9, 1994 (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.
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 Section C, Part 1 of your permit (Part III Page 5 of 9). You must have an approved
Operation and Monitoring Plan before mine dewaterin-a discharges occur at vour facility.
Discharging 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 Wilmington
Regional Office within 60 days of your receipt of this permit. Contact Ed Beck at the
Wilmington Regional Office at [phone] for more information about the approval
process.
This permit does not affect the legal requirements to obtain other permits which maybe
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.
N%- hCarnlina
Alaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone].623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper

If you have any questions concerning this permit; please contact Bethany Georgoulias at
telephone number [phone] ext. 529.
Sincerely,
®R NAI. crr�l� BY
Alan�Clirriek, P 11 TiL,l1�lr
cc: Wilmington Regional Office
Central Files
Stormwater Permitting Unit Files

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020683
STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM
PROCESS WATER RECYCLE SYSTEMS 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,
Garner Construction Company
is hereby authorized to construct and operate dewatering treatment systems, and is hereby
authorized to discharge stormwater and discharges associated. with mine dewatering from a
facility located at
Nine Foot Road Mine #2
On SR 1124, 1.25 miles east of US Highway 70
Carteret County
to receiving waters designated as the Newport River, class C water, in the White Oak River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions
set forth in Parts 1, II, III, IV, V, VI and VII of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective June 30, 2006. .
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day June 30, 2006.
ORIGINAL SIGNED 13Y
KEN PICKLE
for Alan W. Klimek, P.E., Director
Division of Water Quality .
By the Authority of the Environmental Management Commission

LOCATION MAP:
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Latitude: 34'47'34" NC G020683
Longitude: 76°5345" Nine Foot Road
County: Carteret
Stream Class: C Mine #2
Receiving Stream: Newport River
Subbasin: 03-05-03 (White Oak River Basin)
Facility
Location -
dvo tt/i ICAU 1:24,000

Re: Nine Foot Mine #2 - Carteret
Subject. ice: Nine Foot Mine #2 - Carteret
From: Ed Beck <[e-mail]>
Date: Fri, 23 Jun 2006 13:46:35 ' 0400
To: Bethany Georgoulias <Bethany.Georgoulias@ncmaiLnet>
CC: Linda Willis <Linda.WiIII [e-mail]>
Bethany
we will review it and respond to you with comments. We had a bad compliance
history with Morgan Garner in the past when he operated a sludge disposal site. we
will be very cautious and get everything we need up front.
Ed
Bethany Georgoulias wrote:
! Hi Ed,
We've received an NOI from Garner Construction for Nine Foot Mine #2 Mine in
Newport (Carteret County) for coverage of their sand mine under NCG02 (Mining
5W/WW permit). The site (sched. to start April 2006?) will discharge stormwater
and mining dewatering water into the Newport River (Class C segment) through a
settling basin, *and into wetlands* adjacent to the river. The Mining Permit
(16-61) was issued from DLR back in November 2005.
The NOI is attached; however, there is a larger map that I couldn't scan -- it
will be on it's way to you via interoffice mail. At the bottom of the map, a
note says "Modification Request, June 2006: Excess stormwater or groundwater
will be pumped out of the mining area. A basin has been added within the
previously approved mining area. The only discharge of any water will be by
pumping through this basin. Discharges will average less than 12,000 gallons
per day. All stormwater will be contained within the mining area until it is
pumped out."
Does the Wilmington Regional Office have any concerns about issuing this
facility a COC for this general permit? Obviously, there are potential impacts
to wetlands, so I'm not sure if the Region has already been working with this
permittee regarding an Operation and Monitoring plan. Normally if we don't
receive any objections, we'll issue the COC in 30 days, but I'll wait to hear
from you on this one given the wetlands issues.
Thanks,
BG
1 of 1 8/16/2006 8:38 AM

��i arww�
NCDENR
t:w.ea+�o.r .moo N� rtseo. za
Division of Water Quality / Water Quality Section
National Pollutant Discharge Elimination System
NCG020000
FOR AGENCY USE ONLY
Date Received
Year
Month
Da
Certificate of Covera e
Hicisol
Check M
01621813
Amount
Permit Assi ned to
NOTICE OF INTENT
Urn
National Pollutant Discharge Elimination System application for coverage under General Permit
az
C
_
NCG020000:
.
z�:•
STORMWATER DISCHARGES associated with activities classified as:
LF
C..
SIC 14 Mineral Mining Industry (except as specified below)
W
['
The following activities are also included:
LC=M
• Active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with7or
�J
that has come in contact with, any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations
• stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle
process wastewater; and/or mine dewatering
The following activities are specifically excluded from coverage under this General Permit:
Peat mining, coal mining, and metal mining
Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt
operations, and oil and gas extraction operations
1) Mailing address of ownerloperator:
Name
Street Address
City
Telephone No.
" Standard Industrial Classification Code
(Please print or type)
ZSZ _ Z`Ls _�QS�Fax:
' Address to which all permit correspondence will be mailed
2) Location of facility producing discharge:
Facility Name --- --------- ---------
Facility Contact
Street Address S1Z t I. �—___-----_--------
City — NEt4 PaM— _—_ State _�_�ZIP Code
County _ �?�`Z `�-`---------—
Telephone No. ___—_—_______________ __ Pax:
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). !1'11r+rt _ i 5_ Z_0(fA-t_c`O _Onl _�5R _ ► 1 z-ql___
—PP P tz.O x._ 10 2 5 M I LjE-.,_ en_ j _tom Q�IL?L.L�KS--------
(A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application)
Pagel of 4
SWU-217-101701

A
.4
NCG020000 N.O.I.
4) This NPDES Permit Application applies to which of the following :
❑ New or Proposed Facility Date operation is to begin ___4MMt L ZOOS_
---------- ---
Existing
5) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: / 4 4 D
6) Provide a brief narrative description of the types of minerals mined at this facility
7) Discharge Points:
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Stormwater: _—/___ Mine dewatering:— y _— Process Wastewater Overflow: _ (D
Please provide short narrative description of discharges: 2) ]rtzCVC—�TZDU�JO(J/fiTcYL
8) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? — (6oK_
If the site Stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer). ---_ _— —
9) Does this facility have any other NPDES permits?
M-No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
10) Does this facility have'any Non -Discharge permits (ex: recycle permits)?
V No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
11) Does this facility employ any best management practices for stormwater control?
❑ No
N. Yes
If yes, please briefly describe:
_ -- 12CO U IIz�J_ t N PZE J t o U 5 c�c,—_&p2 rz.0 VFD nJ(__t4L jj, ,jc Pk� r7—� v L-
12) Does this facility have a Stormwater Pollution Prevention Plan?
4! -No
❑ Yes
If yes, when was it implemented?
13) Are vehicle maintenance activities occurring at this facility?
Q--No ❑ Yes
14) Are mine dewatering discharges occurring?
❑ No t§-Yes UPON W rW UA-t-
S W U-217-101701
Page 2 of 4

NCG020000 N.O.I.
15) Are discharges of overflows from process wastewater treatment systems occurring?
NLNO
❑ Yes _
If yes, answer the following questions on the wastewater treatment system:
a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design
specifics (i.e. design volume, retention time, 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))
Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and
specifications along with their application. Design of treatment facilities must comply with requirements
15A NCAC 2H .0138. If construction of wastewater treatment facilities applies to the discharge of process
wastewater, include three sets of plans and specifications with this application.
b) Does this facility employ chemical additives to Flocculate suspended solids?
❑ No
❑ Yes
If yes, please state the name," manufacturer and the quantity of average daily usage of the chemical
additive
c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?
❑ No ❑ Yes
16) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
4-No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
�No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
Hazardous waste?
tEWL-No ❑ Yes
d) If you answered yes to questions b..or c., please provide the following information-
Type(s) of waste:-----
flow is material stored:
Where is material stored:__
How many disposal shipments per year:
Name of transport / disposal vendor: --
Vendor address: —__------_
17) Certification:
North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or cerlification in any application, record, report,
plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental
Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any
recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine
Page 3 of 4
SWU-217-101701

NCG020000 N.O.I.
not to exceed $10.000, or by'imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a
punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.)
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
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: _—_±� pIZC/a'i A(Z NGR------
Title:-----------------------
'4------ -- --- ------ ---� — - ��---
(Signature ofApplic^ t) (Date Signed)
Notice of Intent must be accompanied by a check or money order for $80.00 made payable to:
NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $80 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of the valid approved mining permit for the facility
❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
Page 4 of 4
SWU-217-101701

.t r
Division of Water Quality / Water Quality Section
RNational Pollutant Discharge Elimination System
a w�ve.t Rew.wtes
NCG020000
NOTICE OF INTENT
FOR AGENCY USE ONLY
pate Revived
'e
M nth Dav
eeninCate or Cavera e
D
Cl k
A+noun[
Caw IN
I
Permit Assl ned to
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER DISCHARGES associated with activities classified as:
SIC" 14 Mineral Mining Industry (except as specified below)
The following activities are also included:
• Active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with or
that has come in contact with, any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations
"
• Stormwater from vehicle maintenance activities at mining operations; overflow from facilities that rec
process wastewater; and/or mine dewatering;
'
The following activities are specifically excluded from coverage under this General Permit: Fp.�
C
z
• Peat mining, coal mining, and metal mining a
o
• Stormwater discharges from mining operations which are intermixed on site with stormwater from a It
c�
operations, and oil and gas extraction operations
a
_
rn
Standard Industrial Classification Code
(Please print or type)
1) Mailing address of ownerloperator:
Name (�Aiz"2sL CONS itom'1Li
Street Address
City
Telephone No.
oq r-a- ` —� State C _ ZIP Code
Fax: ----- --
Address to which all permit correspondence will be mailed
2) Location of facility producing discharge:
Facility Name tz�o
Facility Contact __ f - aar Ar'i
Street Address Ssz t t 2A
---- -------------------------- ------------
City _ �e'-j Port , ----- State _ {� _ ZIP Code
County f��?-'---------------------
------------------
Telephone No. _ Fax: _____ -- —__—----- ----_--____
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). _ Mart 5 4cX47c`O _oI l 512_
.N_t 12o&f-AK---------
(A copy of a county map or USG5 quad sheet with facility cleasly located on the map is required to be submitted with this application)
SW U-217-101701
Page 1 of 4

NCG020000 N.o.i.
4) This NPDES Permit Application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin
W_ Existing
5) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: y" 14 D
6) Provide a brief narrative description of the types of minerals mined at this facility:
7) Discharge Points:
54 'j 0
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Stonnwater: _- 1— Mine dewatering:— / — Process Wastewater Overflow: O —_
Please provide short narrative description of discharges: �E�/_Q_T�_iL1�./4_____C11ZOu�}O�.Jq_rCYL
---
8) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? litlFr'r>S A1�GEn ���y(tr r.JPa2Y _zi dx�YZ
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
9) Does this facility have any other NPDES permits?
&�N o
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
10) Does this facility have any Non -Discharge permits (ex: recycle permits)?
M-No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
11) Does this facility employ any best management practices for stormwater control?
❑ No
�a Yes
If yes, please briefly describe: — _ iM%1Ur I Frz651J V Cd1VVz0(, AA ✓ _-_
12) Does this facility have a Stormwater Pollution Prevention Plan?
fi!�-No
❑ Yes
If yes, when was it implemented?
13) Are vehicle maintenance activities occurring at this facility?
&jLN0 ❑ Yes
14) Are mine dewatering discharges occurring?
❑ No N-Yes (IPan1 OP fW VA't-
Page2of4
S W U-217-101701

N00020000 N.O.J.
15) Are discharges of overflows from process wastewater treatment systems occurring?
LLNO
❑ Yes
If yes, answer the following questions on the wastewater treatment system:
a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design
specifics (i.e. design volume, retention time, 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)]
Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and
specifications along with their application. Design of treatment facilities must comply with requirements
15A NCAC 2H .0138. If construction of wastewater treatment facilities applies to the discharge of process
wastewater, include three sets of plans and specifications with this application.
b) Does this facility employ chemical additives to flocculate suspended solids?
❑ No
❑ Yes
If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical
additive
c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?
❑ No ❑ Yes
16) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
Q)-No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg, of hazardous waste generated per month) of
hazardous waste?
$-No 0-Yes
c) Is this facility a Large Quantity Generator (10001g, or more of hazardous waste generated per month) of
hazardous waste?
V-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 1 disposal vendor:___
Vendor address:
17) Certification:
North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report,
plan or other document filed or required to he maintained under Article 21 or regulations of the Environmental
Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any
recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine
Page 3 of 4
sou-217-101701

NCG020000 N.O.I.
not to exceed $10,000, or by imprisonment not to exceed six months. or by both. (18 U.S.C. Section 1001 provides a
punishment by a fine of not more than $10.000 or imprisonment not more than 5 years, or both, for a similar offense.)
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. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
raining 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.
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: _— M orz- e p, — Gp+ cz ►.t i "L
Title:--y---�'�-----------------------
(Signature of Apptic 1) (Date Signed)
Notice of Intent must be accompanied by a check or money order for $80.00 made payable to:
NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $80 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of the valid approved mining permit for the facility
❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPIDES permit.
Page 4 of 4
SW U-217-101701

North Carolina
James D. Simons, PG, PE
Director and State Geologist
Mr. Morgan L. Gamer
Garner Construction Co.
5970 Highway 70
Newport, NC 28570
,F`^
.r..1'
NC®ENR:
Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section -
Michael F. Easley, Governor
William G. Ross Jr., Secretary
November 17, 2005
RE: Nine Foot Road Mine Number 2
Carteret County
White Oak River Basin
Dear Mr. Garner:
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. 16-61 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 November 17, 2015. 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 47 acres and the amount of land
you are approved to disturb is 13.8 acres.
Please review the permit and contact Kristin Hicklin, Assistant State Mining Specialist,
at [phone] of any objection or questions concerning the terms of the permit.
Sincerely,
#r�
IoydWilliams, PG, CPG, CPESC
State Mining Specialist
Land Quality Section
FRW/kh _
Enclosures
cc: Mr. Dan Sams, PE
Ms. Shannon Deaton -WRC, w/enclosures
Mr. Bradley Bennett-DWQ, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 J FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled l 100,19 Post Consumer Paper

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:
Garner Construction Co.
Nine Foot Road Mine Number 2
Carteret County - Permit No. 16-61
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: November 17. 2015

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 November 17, 2015.

Page 3
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., 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.
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. (�o� Sys �- �S'�✓'
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.
C. Mining activities shall be conducted as indicated on the mine map dated July 25,
2005 and received by the Land Quality Section on September 27, 2005.
D. No mine dewatering activities shall occur at this site.

Page 4
5. All affected area boundaries (13.8 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.
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 July 25, 2005 and received by the
Land Quality Section on September 27, 2005, shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is 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

Page 5
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 prior 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,
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 shall 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 mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to on -
site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of an
$11,500,00 Assignment of Savings Account, 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.

Page 6
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. Add itionally,_the�Reclamation-Plan is a--- _ -- —
separable obligation of the permiftee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
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
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.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. 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.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Reve etation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan prepared'by Mr. James lzzell, PG, of Carolina Geological Services,
Inc. dated July 25, 2005.
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 17th day of November 2005.
- James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

NOTICE OF !SSUANCE OF
MINING PERMIT
- ---You -have previously expressed an- interest- and/orare-listed-as an -adjoining landowner - in the application for a mining permit filed by Garner Construction Company to conduct mining
activities off SR 1124 (Nine Foot Road) in Carteret County. The mining permit (no. 16-61) was
issued on November 17, 2005.
North Carolina 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. 150E-23 of the Administrative Procedure Act (APA).
If you believe that 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)
days 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 Clerk of the Office of
Administrative Hearings by telephoning [phone].
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 Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601,
Jamg D. Simons
441,Director
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice.was mailed on � 7'0
i
Brenda Harris
Mining Program Secretary

3 ft. Min.
(or Flatter)
'lowAire lion 3 ft.%::`,. Soil berm
Berm Construction specifications:
1, Construct berm by plocement of topsoil and overburden
taken from initially disturbed areas.
2. Prior to placement of materials for berm formation, cut
vegetation nearly flush with ground.
3. Cornpoct materials in 1f1. lifts by construction traffic.
Not To Scale
Figure 1.2-3. Temporary Diversion Berm Detail
/ ly
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Notes:
1. NCDOT I5 stone is preferred . Pod to be 100 ft. L x 20 ft. W x 6 in. thick (min).
2. Turning radius sufficient to occomodole large trucks.
3. Most be maintained in a condition which will prevent tracking or direct flow of mud onto
streets. Periodic topdressing moy be necessary.
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Figure 12-5. Gravel Construction Entrance
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Description: This is a simple hydraulic dredge mining operation. All runnoff will
remain within the mining area. Sand will be pumped onto the Plant and Process Area
shown, with all excess water draining back into the mining pond. A perimeter berm will
surround the mining area and the plant and process area to further revent an offsit
p y e •, Stile Vlew sedimentation. At the conclusion of mining, any areas that are above water level will be N O a-ri4
graded to a 3:1 slope or flatter and seeded according to schedule. All slopes under water `
1
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No.
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Area
(Ac.)
Drainage
Area
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Volume
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Length
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eve l will be at 2.1 or at a stable angle of repose.
Modification Request, June 2006: Excess stormwater or groundwater will be pumped
out of the mining area. A basin has been added within the previously approved mining
area. The only discharge of any water will be by pumping through this basin. Discharges
will average less than 12,000 gallons per day. All stormwater will be contained within
the mining area until it is pumped out.
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Depth
(Ft.)
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(Ft.)
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E. Mine Site Map should clearly show:
A. The areas where the excavated sand (mechanical removal) will be stored prior to removal offsite and where the
dredged sand will be stored for dewatering. Show all haul roads.
B. Clarify what the dewatering area indicated on the map north of pit 2 represents.
C. Identify the outfall location for any point source discharge from the mine site.
2. The attached correspondence from the USACOE, verifying wetland boundaries, was strictly commenting on a 12 acre mine
site. Does Pit 1 and Pit 2 equal 12 acres? Please indicate the size of the excavation areas in acres.
3. The O & M plan should identify a means to hydrate wetland A and B since digging a 40' deep pit within 50' of the wetland
will likely impact the wetland. The monitoring wells should be utilized to demonstrate the effectiveness of the hydration
techniques.
4. Dewatering activity:
A. Indicate pump rates for dewatering activities. Identify the pump rate for the dewatering activity when
mechanical pit excavation is being used and what the pump rate will be for the dredging operation. Describe
the pumping schedules (8 hr/d, 12 hr/d, continual). The estimation of flow should be based upon a
hydrogeologic study to determine conductivities of formations beneath the site.
B. The temporary settling basin appears to be small in comparison to the size of the pits excavated. Provide the
size of the temporary settling basin and existing pits. Please provide calculations identifying the detention time
and daily flow rate from the settling basin based on the pump rate for dewatering the excavation of pits and
pump rate of the dredging operation. Comment an storage capacity of the sediment basin.
C. Discuss the ability for the temporary settling basin to provide adequate detention time to meet the discharge
limits for TSS of 25 mglL (monthly average) and 45 mg/l. (daily maximum). The proposal mentions the use of
Pit 2 for dewatering activities from Pit 3.
D. The sequence of excavation section needs more illustration, the text is not clear enough to visualize.
F. }low will dredged sand be managed? Discuss dewatering. The proposal indicates the dredged sand would be
put in the vacant pit (which will likely be full of water unless aggressively dewatered). Please clarify.
F. Proposal indicates stormwater will not be discharged via the sediment basin. How will stormwater be
managed?
3. Monitoring activities:
A. Clearly spell out the monitoring requirements in the O & M plan for mine dewatering and stormwater _
discharges from the mine site.
B. Wetland monitoring should be conducted at least three days a week at first for at least the first year. This
requirement can be discussed after a year's worth of data is generated that indicates a less frequent schedule is
reasonable. More frequent monitoring of the wells in the adjacent wetlands will identify impacts from
dewatering activities immediately and provide immediate indications of whether the attempts to maintain
hydrology in the wetlands is effective.

Nt Nt Faor MINE * ?-
STUQMWk'�L� (JOL UT+ON RZEVtr,(TrpjQ RAN
si c. 6 o 20(.q 3
0� 1 C� 1 NAB, Cal�l/��f Tom, Viz S l o n/ pN jp i L
O'c C%AcNcQ CeNSTrzv(,-C'O J Cu. - NICLJQd12? Nl
RECEIVED
APR 0 5 2011
BY:

This STORMWATER POLLUTION AND PREVENTION PLAN was prepared in
accordance with the requirements specified in the National Pollutant Discharge
Elimination System (NPDES) General Permit for.Mining (NCG020), and specifically
as applied in the Certificate of Coverage for this location:
Garner Construction Co. Inc.
Nine Foot Mine # 2
Certificate of Coverage
NCG020683
Nine Foot Road
Newport, NC
Lat. 34.7925
Long.—76.8946
This plan is designed to satisfy the requirements of Part I11, Section A of the
NPDES General Permit NCG020. The order and content of this plan roughly
corresponds to the listed requirements in the permit. Where necessary, additional
information may be added for clarity. Data, reports, and other information are included
as an appendix.

Table of Contents
Table of Contents
1a. General Location Map
1b. Narrative description of practices, processes, and potential pollutants
1c. Site Map
1d. List of significant spills or leaks of pollutants during past 3 years
1e. Certified evaluation for non-stormwater discharges
2. Erosion and Sediment Control
3. Stormwater Management Plan
3a. Management of Stormwater Runoff and Runon
3b. BMP Controls Inspection and Maintenance
3c. Secondary Containment Requirements and Records
3d. Monitoring Requirements
4. Spill Prevention and Response Plan
5. Preventative Maintenance and Good Housekeeping Program
6. Employee Training
7. Responsible Party
8. Plan Amendments
9. Plan Implementation
Appendices
1 Complete Site Plans for Mining Permit, including Erosion and Sediment
Control Plans and Reclamation Plan
2 BMP Inspection Logs
3 NC Mining Permit
4 NPDES Permit text and Certificate of Coverage
5 Rainfall data
6 DIVIR's and test results
7 Training records

1a General Location Map from USGS
Note: The following map is a portion of the USGS Topographic Map
showing the facility's location in relation to transportation routes and surface
waters. More detailed information, such as the name of the receiving water and
the longitude 1 latitude of the points of discharge is shown on the site map in part
1(c).

, �j

1 b. Narrative description of practices, processes, and potential pollutants
This operation is classified as a Sand & Gravel Mine (SIC code 1440). The
primary processes employed at this location include excavation of soil from the surface,
excavating sand and gravel from the mining area, transporting the sand and gravel from
the mining area to the processing plant, washing and sorting the sand and gravel,
stockpiling the finished products, and loading the finished product for transportation
away from the site. At each point in this process, controls are in place to prevent any
potential pollutants from leaving the site via stormwater. These controls are specifically
designed in accordance with the Sediment and Erosion Control Plan as approved by the
NCDENR, Division of Land Resources (see part 2 of this Plan).
The excavation of soil, sand, and gravel is confined to the designated "Mining
Area" on the Mine Plan. The primary potential pollutant that is generated by this activity
is sediment. The mining area itself acts as the sediment and erosion control structure by
holding the stormwater within the pit. There is no discharge from the mining area during
any storm event.- The only discharge is by pumping after the sediment has been allowed
to settle out. Any water that is discharged from this area leaves the site via sample point
NPDES 01, and is monitored as required.
The excavated soil (overburden) remains within the mining area or is placed
within the perimeter berms. This material is sloped and seeded to prevent erosion.
The sand and gravel from the mining area is hauled to the processing plant for
washing and sizing. This process occasionally generates some fine rock particles and
dust. A dust -suppression system using water and covered equipment prevents this
material from becoming airborne. Much of the wash and dust suppression water
adheres to the sand and gravel and acts to further control airborne dust.
After the sand and gravel is mined, it is stockpiled in areas designated as
"stockpile area". The sand and gravel remains in piles until it is loaded onto customer
trucks and removed from site. Some sediment is generated by stormwater falling onto
the stockpiles, as well as runoff from traffic areas. All of the stormwater from these
areas flows back into the pond area and is held there to remove the sediment.
In each phase of the processes described above the primary potential pollutant
that could be expected to be present in any stormwater discharge from any outfall is
sediment, in the form of turbidity, and suspended or settlable solids. These parameters
are monitored as required in this permit.
Several pieces of heavy equipment are utilized in each phase of this process.
This equipment has the potential to leak fuel, fluids, coolants, or oil at any point. This is
a very rare occurrence, and is discussed more thoroughly in parts IV and V of this plan.
With effective preventive maintenance and a plan to control and clean up any spills,
there is virtually no chance of these substances becoming a potentially discharged
pollutant.

1d. List of significant spills or leaks of pollutants during past 3 years
Date:
Description:
Corrective Action:
Date:
Description:
Corrective Action:
Attach additional sheets as necessary. Retain records for 3 years.

1e. Certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges.
There are no stormwater outfalls in this site. All stormwater is retained within the pond
and/or mining area. Therefore, there are no non-stormwater discharges from the site.
The signed Certification Statement is found in the Annual Review and Update Checklist
in Part 8 of this Plan,

2. Erosion and Sediment Control
This site has an approved Erosion and Sediment Control Plan, detailed in the site
plans and information submitted as part of the North Carolina Mining Permit application.
Mining Permit # 16-61 was approved and issued by the NCDENR — Division of Land
Resources on November 17, 2005, and will expire on November 17, 2015. All
management practices and erosion and sedimentation control measures that are
included in this permit have been implemented at this site. This site remains in
compliance with the Mining Permit, and there has been no deviation from the approved
plan. Any changes or modifications of the original plan are submitted as a modification
request to the Division of Land Resources before such changes are implemented.. All
erosion and sediment controls are inspected on a weekly basis.
A signed copy of the issued Mining Permit including the approved erosion and
sedimentation control measures and the reclamation plan is included in this plan.
Further data, including design calculations, is on file at the Central Office and can be
examined upon request.
Copy of NC Mining Permit 16-61 — in Appendix 3
Complete site plans included as Appendix 1

3. Stormwater Management Plan
This site employs Best Management Practices (BMP's) to control or minimize
exposure of significant materials to Stormwater. The approved Erosion and
Sedimentation Control Plan manages stormwater runoff and runon in a manner that
reduces or eliminates pollutants in stormwater discharges leaving the site. BMPs may
take the form of a process, activity, or physical structure. This Stormwater Management
Plan describes Best Management Practices that were used in the original construction of
this facility, BMPs that have been used in modifications since the original construction,
BMPs that should be followed for any future modifications, and BMP activities that are
used for ongoing inspections and maintenance.
The NPDES Permit requires specific monitoring and sampling of stormwater and
mine dewatering. The purpose of this monitoring and sampling is to evaluate the
effectiveness of the Stormwater Management Plan. The monitoring and sampling
requirements are described in the text of the NPDES Permit as referenced below;
3a. Management of Stormwater Runoff and Runon
Stormwater BMP's are employed and maintained for mine excavation and
disturbance areas, process areas, and other areas associated with mining. In addition,
controls are in place to limit or isolate selected land disturbance and process areas and
limit the amount of offsite stormwater runon to these areas.
Specific details of each BMP control feature are shown in the enclosed
Erosion and Sediment Control plan associated with the NC Mining Permit. (see
appendix 1). In general, this site is designed to limit stormwater runon with barriers and
diversions such as berms, vegetative swales, and natural topography. All stormwater
that falls within a disturbed area is diverted to the mining area 1 pond. Land disturbance
is kept at a minimum to reduce overall impact.
31b. BMP Controls Inspection and Maintenance
All stormwater BMP controls are to be inspected at least once every seven
calendar days and within 24 hours after any storm event that results in a discharge.
BMP's shall be operated and maintained at the designed efficiency. BMP's must be
cleaned out when sediment storage capacity is at 50% volume. If visible sediment is
leaving the property, corrective action shall be taken to reduce the discharge of
sediments. Visible sedimentation shall be recorded with a brief explanation of measures
taken to prevent future releases, as well as any measures taken to remove the sediment
that has left the site.
A log shall be kept of all inspections, maintenance, repairs, as well as any visible
sedimentation leaving the site.
BMP Inspection logs included as Appendix 2

3c. Secondary Containment Requirements. and Records
There are no fuels or other potential contaminants stored onsite.
3.d Monitoring Requirements:
The following is a written guide for compliance with all Mine Dewatering
Discharge Monitoring. It is the responsibility of the Site Manager to make sure
that all monitoring and sampling is being performed on schedule.

Monitoring Requirements for Mine Dewatering
Water that is pumped from the pit and discharged from the site is
classified as "Mine Dewatering Wastewater' and is subject to monitoring
and sampling as described in Part III, Section E — 1.
Frequency: Samples must be taken on a quarterly basis. If any quarterly
sample is missed, or if any tested parameter limitation is exceeded, then
samples must be taken on a monthly basis for the remaining permit term
(through Dec 31, 2014)
Sample Location: Samples should be taken from the ditch before the
discharged water passes into the wooded area.
Analytical Monitoring Required: Analytical monitoring requirements are
described in Part 111, Section E, Table 7. For Nine Foot Road Mine #2, the
discharge must be monitored for pH, Settleable Solids, Total Suspended
Solids, Turbidity, and Total Flow.
General sampling protocol: Sample containers should be obtained from the
designated laboratory prior to sampling the discharge. The containers
should be labeled in accordance with the laboratory requirements. The
sample should be labeled "Nine Foot Mine #2 NPDES 0 1 " with the date
and time of sampling as well as the requested analysis. All samples
should be placed on ice in a cooler so that the temperature of the sample
is a minimum of 4 degrees C upon arrival at the lab. A Chain of Custody
form should be submitted to the lab with all samples
A written log should be kept for all sampling activities. The fog should
include the date and time of sample. It should also include a record of
daily pH meter calibrations, a record of a pH neutral measurement, the pH
of the sample, the temperature of the sample, and the measurement of the
flow of water (see below).

Monitoring Instructions for Individual Parameters:
pH: The pH of the water sample must be taken immediately, or within 15
minutes of taking the sample. A Certified pH meter must be used to
measure pKin accordance with the manufacturer's guidelines. pH meters
must be Certified by NCDENR on a regular basis. The pH meter must be
calibrated daily following manufacturer's guidelines before any samples
are measured. A record of the calibrations should be entered into the log.
In addition, a pH neutral buffer should be measured by the meter
immediately before the sample is measured. The temperature of the
sample must also be recorded in the log.
Total Flow: A flow meter should be utilized to measure the flow of water
from the discharge. This flow rate can be calculated into a volume rate
using standard calculations. Alternatively, the flow can be estimated from
pump performance data. If the flow is too small to be accurately
measured, an estimated flow rate can be entered into the log. If the flow
is very small, the rate can be entered as "trace".
Turbidity, Total Suspended Solids, Settleable Solids: Each of these
parameters must be measured by a Certified Lab. Containers must be
obtained from the lab as described above. Samples should be submitted
to the Lab within 24 hours or according to lab requirements.

Requirements for Monitoring Records and Reporting
Sampling Log: A written log must be kept of all sampling and monitoring
activities. The field inspector is responsible for keeping this written log,
and should produce it on demand by NCDENR. This log should include at
a minimum;
- date, time, and sample location
- record of field analysis (pH, temperature, flow, etc)
- analytical samples taken
- calibration of pH meter or other instruments
- pH neutral checks
Recording Results: The Site Manager is responsible for
maintaining a permanent record of each monitoring and sampling event.
The field inspectors should provide the information from his written log to
the Site Manager on a quarterly basis. In addition, the permanent record
should include all analytical results from the laboratory reports. The
reports and associated chain -of -custody forms should be kept on file.
Copies of all reports sent to the NCDENR Division of Water Quality should
also be kept on file. Copies of all of the above information should be
provided to the Site Manager on a regular basis and kept in the
Stormwater Pollution Prevention Plan notebook. All of the records should
be kept on file for a minimum of 5 years.
Discharge Monitoring Reports: All monitoring data as described above
shall be recorded on forms provided by the NCDENR and provided herein.
Data from Mine Dewatering Wastewater must be recorded on the form
entitled ANNUAL SUMMARY DMR — WASTEWATER. This form must be
completed by the Site Manager with data from the above described
records. This form must be submitted to the NCDENR Division of Water
Quality (DWQ) by March 1 of each for the previous year's monitoring.
However, if any samples violate a wastewater effluent limit or benchmark
limit, a DMR report must be submitted within 30 days from the date that
the Site Manager receives the sampling results from the laboratory.
When no discharge has occurred from the site during the report period,
the Site Manager should enter "NO FLOW" or "NO DISCHARGE" in the
permanent record. This should be noted ANNUAL SUMMARY DMR's.

Noncompliance with Monitoring Schedule Requirements
It is the responsibility of the Site Manager to make sure that all
wastewater discharges are monitored according to the above requirements. He
should be in contact with the field inspector to make sure that they schedule the
required monitoring and sampling to be in compliance with the NPDES Permit
requirements.
Mine Dewatering Wastewater: Pit discharge water must be monitored
(sampled) on a quarterly basis. If any quarterly sample is missed, then
the monitoring (sampling) schedule is immediately increased to monthly
for the remaining permit term (until December 31, 2014)
Noncompliance with Analytical Test Results
It is the responsibility of the Site Manager to review all laboratory reports
from all analytical sampling. The NPDES permit details Benchmark Values or
Effluent Limitations for the various test parameters. if any of these limits are
exceeded, there are additional monitoring requirements that are described in the
permit.
Mine Dewatering Wastewater
Effluent Limitations for Mine Dewatering Wastewater
Settleable Solids 0.1 ml/I
Total Suspended Solids (TSS) N/A
pH 6.0 - 9.0
Turbidity N/A (See below)
The discharge shall not cause the turbidity of the receiving water to exceed Water Quality
Standards (50 NTU). If turbidity of the receiving stream exceeds these levels due to
natural background conditions, the existing turbidity level shall not be increased.
According to the NPDES Permit, "an exceedence of any of these
limitations is a violation of the permit conditions and may be subject to
enforcement action". If the sampling results are above a limitation for any
parameter, then the monitoring schedule shall be immediately increased
to monthly for the remaining permit term (until December 31, 2014)

Reporting non -compliant analytical results:
In addition to the increased monitoring schedule descried above, the Site
Manager is responsible for notifying the NCDENR Division of Water Quality of
any benchmark value exceedences or effluent limit violations.
Mine Dewatering: One signed DMR form with wastewater effluent limitations
violations shall be sent to the NCDENR DWQ Wilmington Regional Office no
later than 30 days from the date that the Environmental Manager receives the
sampling results from the laboratory. Copies of all DMR forms shall be kept in
the SWPPP notebook onsite.
Reporting other violations:
It is the responsibility of the Field Inspectors to report any spills or non-
compliance issues to the Site Manager. If the non-compliance issue could
endanger health, safety, or the environment, or if the spill is considered
"significant", then it is the responsibility of the Environmental Manager to contact
the NCDENR DWQ of the situation within 24 hours.

4. Spill Prevention and Response Plan
The following information is presented as a Spill Prevention and Response Plan
(SPRP) prepared in accordance with the requirements of the NPDES Permit Stormwater
Pollution Prevention Plan. The goal of this plan is to prevent spills, leaks, or other
releases of potential pollutants at the facility that could result in a discharge of these
pollutants via stormwater.
Assessment of Potential Pollutants
Potential pollutants at this site are the various fuels, oils, lubricants, and fluids
associated with the equipment operation and maintenance onsite. None of these
materials are stored in bulk onsite. The quantities of materials that may be contained
within any given piece of equipment is too small to cause a spill that would potentially
leave the site.
Facility Personnel Responsible for Implementing the SPRP
Facility Response Coordinator & team members:
Team Member Name & Title Day Phone # Night Phone #
Acknowledgement of individual responsibilities
"I have read the "Duties and Responsibilities of facility response coordinator
and team members" found in Section 5.5.7 of the SPCC Plan and acknowledge my
responsibility for this plan".
Date

5. Preventative Maintenance and Good Housekeeping Program
Preventative maintenance is essential for the proper operation of all equipment.
Such maintenance will significantly reduce the potential for leaks and spills of fuels,
lubricants, fluids, and coolants, and therefore, greatly reduce potential pollution of
surface water or groundwater.
Garner Construction Company has a Preventative Maintenance Schedule for
each piece of equipment onsite. The schedule should be followed to assure that the
potential for leaks or spills is kept at a minimum. In addition, each piece of equipment is
thoroughly inspected before each use. If a suspected or obvious leak or potential spill is
recognized, the piece of equipment should be immediately shut down and measures
should be taken to repair or isolate the problem. No equipment should be used or
operated if a known potential leak or spill could occur.
Fuels, lubricants, coolants, hydraulic fluids, and other petroleum products shall
not be discharged on the ground or into surface waters. Spent lubricants and fuels shall
be removed from site as needed. If any spill or leak occurs, action should be taken
immediately to contain and clean up the spill.
Schedules and records of equipment maintenance are kept by the Site Manager
and are available for inspection at any time. Any spills that require clean up are
recorded in Part 1 of this SWPPP.

6. Employee Training
Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training
shall be documented by the signature of each employee trained. Additional required
training items include: used oil management, spent solvent management, disposal of
spent abrasives, disposal of vessel wastewaters, fueling procedures, sanding, painting
and blasting procedures, and used battery management.
At a minimum, all oil -handling personnel are given annual training in oil spill
prevention, including operation and maintenance of equipment. Where specific
responsibilities are assigned, these requirements will be reviewed. All such training
occasions will be documented with an employee roster that is signed by each
employee.. A copy of the plan will be on display, accessible to all employees at all
times.
New employees will be given as much spill prevention training as is
commensurate with his new status and ability to be effective. This training is typically
provided within one week of his employment.
Documentation and records of all training related to the SWPPP are filed in
Appendix 7.

7. Responsible Party
According to the NPDES Permit, Part IV, Section 5, all applications, reports, or
information submitted to the Director shall be signed and certified by a Corporate Officer
or a "duly authorized representative".
The Stormwater Pollution Prevention Plan is written and reviewed under the
direction of the Site Manager. He should review the requirements of the NPDES permit
and assure that they are being met. He should assure that the Sediment and Erosion
Control Plan associated with the NC Mining Permit meets the requirements of the BMP
Plan. He is responsible for submitting any required modifications of the Sediment and
Erosion Control Plan with the Mining Permit to keep the site in compliance with the
NPDES permit. He should respond to any questions, concerns, or notifications of
maintenance or repair issues with any of the BMPs at this site. He should regularly
review inspection reports of the BMPs and implement any necessary repairs or
maintenance. He should regularly review the BMP plan and any records or logs to
assure compliance. He should review the Discharge Monitoring Reports, and if any
samples are out of compliance, take immediate measures to correct the issue and bring
the site into compliance. He is also responsible for the required inspections of BMP's as
specified in the permit. All stormwater BMPs shall be inspected by the Site Manager or
his designee at least once every 7 days and within 24 hours after any storm event that
results in a discharge. He should follow the guidelines as described in the "Weekly BMP
Inspections of Sediment and Erosion Control Structures". The Site Manager is
responsible for maintenance and repair of the BMP structures. If any visible
sedimentation is seen leaving the site, corrective action shall be taken to reduce or
eliminate the discharge of sediments. The Site Manager is responsible for keeping a log
of inspections of BMPs as well as a log of any maintenance or repairs to BMPs. He
should also maintain a file containing NPDES sampling records and test results. The
Site Manager is also responsible for preventive maintenance of equipment as well as
good housekeeping practices to prevent potential discharge of pollutants.

8. Plan Amendment
This Stormwater Pollution Prevention Plan shall be amended whenever there is a
change in design, construction, operation, or maintenance that has a significant effect on
the potential for the discharge of pollutants to surface waters. All aspects of the
SWPPP shall be reviewed and updated on an annual basis. The annual update shall
include an updated list of significant spills or leaks of pollutants for the previous three (3)
years, or the notation that no spills have occurred. The annual update shall include
written re -certification that the stormwater outfalls have been evaluated for the presence
of non-stormwater discharges (part le). Each annual update shall include a
documented re-evaluation of the effectiveness of the BMP's listed in the BMP Summary
of the Stormwater Management Plan.
The following Annual Review and Update Checklist serves as a guide and certification
for the required review.

Annual Review and Update Checklist
It is the responsibility of the Site Manager to review and update the
Stormwater Pollution Prevention Plan (SWPPP) on an annual basis (as per
NPDES Permit Part III, Section A-8). It is important that ALL aspects of the
SWPPP be reviewed and updated where necessary. This checklist should serve
as a guide to assist in this process. While the annual review should be as
comprehensive as possible, the SWPPP should be amended whenever there is a
change in design, construction, operation, or maintenance that has a significant
effect on the potential for the discharge of pollutants to surface waters.
Site Inspection:
The Annual Review and Update should include a thorough inspection of
the site. A current copy of the Site Plan should be used for reference in the
inspection. Each BMP 1 Sediment and Erosion Control feature should be
inspected.
Does the Site Plan accurately reflect the actual site configuration?
Is each BMP 1 Sediment and Erosion Control feature functioning as
designed? Are they being properly maintained?
Are there any points that stormwater is leaving the site due to failure of
any sediment and erosion control structure?
Are there any other stormwater outfalls not indicated on the Site Plan?
Is there any evidence of sediment or other pollutants leaving the site or
potentially impacting a surface water?
Are there any new sources of potential pollutants not shown on the Site
Plan?
Is there a functioning rain gauge onsite?
Is there evidence of the presence of any non-stormwater discharges at
any outfall?
Site Plan:
Has there been any modification of the State Mining Permit? If so, any
changes should be indicated on the SWPPP Site Plan.
Are all monitoring locations and BMP's clearly marked on the map?
Is the existing Sediment and Erosion Control Plan associated with the
State Mining Permit adequate for preventing pollution associated with
Stormwater from leaving the site or entering surface waters?

Records and reports:
Have all Mine Dewatering Discharges been monitored quarterly as
required?
Have all test results been within the required limits? If not, have the
proper steps been taken for additional monitoring?
The following records and reports should be filed in the SWPPP notebook:
All DMR's filed within the last 5 years.
All Mine Dewatering monitoring reports (including lab reports) for the last 5
years. Also includes analysis for semi-annual TPH monitoring.
Rainfall.data from onsite rain gauge.
Weekly BMP Inspections, properly documented by the Site Manager.
Employee Training
Are all oil -handling personnel given annual training in spill prevention and
proper operation of equipment?
Is there written documentation of the employee training?
Overall Evaluation
After the SWPPP has been reviewed and modified as necessary, the
following statement should be signed by the Site Manager:
"I have reviewed the Stormwater Pollution Prevention Plan and all associated
evaluations, monitoring results, reports, and data. I have evaluated the
effectiveness of the BMP's listed in the Sediment and Erosion Control Plan and
have either determined that they are functioning as designed, or have made
necessary changes. I have made the necessary changes to this SWPPP to keep
it in compliance with the NPDES Permit"
`7 hereby certify that all stormwater outfalls at this location have been evaluated
for the presence of non-stormwater discharges for the calendar year "

9. Plan Implementation
This SWPP Plan shall be implemented immediately to ensure that contaminants
do not enter surface waters via stormwater that comes in contact with any unstabilized
overburden, raw materials, intermediate products, finished products, byproducts, or
waste products located on this site. All documentation specified in this plan and in the
NPDES Permit shall be kept onsite for a period of 5 years and made available to the
Division of Water Quality at their request.

Weekly Inspections of Sediment and Erosion Control Structures
Month:
Year:
All sediment and erosion control structures shall be inspected at least once every 7
calendar days and within 24 hours after any storm even resulting in a discharge of
runnoff from the site. Records shall be maintained of all inspections. Under "Condition"
note good, needs attention, or needs repair. Note any necessary maintenance or repairs
and repair as soon as possible. Note if any sediment has left the site, or if any erosion is
occurring at the discharge.
At this location: Sediment basin for discharge
Berms and diversions
Week 1
Date:
Inspected bv:
Site
Basin
Berms_
Additional
notes
Week 2
Date:
Inspected hy:
Site
Basin
Berms_
Additional
notes
Week 3
Date:
Inspected bv:
Site
Basin
Berms_
Additional
notes
Condition
Condition
Condition

Week 4
Date:
Inspected bv:
Site
Basin
Berms_
Additional
notes
Condition
Week 5 (if necessary)
Date•
Inspected bv:
Site
Basin
Berms_
Additional
notes
Condition
After Storm Event
Date:
Inspected by:
Site Condition
Basin
Berms
Additional
notes
After Storm Event
Date•
Inspected bv•
Site Condition
Basin
Berns
Additional
notes
After Storm Event
Date:
Inspected bv:
Site Condition
Basin
Berms
Additional
notes

NPDES Stormwater Pollution and Prevention Plan
Annual Training Log
Date:
Trainer(s):
Individuals Trained:
Topics:
Date:
Trainer(s):
Individuals Trained:
Topics:
Date:
Trainer(s):
Individuals Trained:
Topics:

Rainfall Record
Site Name:
Insert a copy of this log in your 5tormwater Pollution Prevention Plan
Year:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE
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, this permit is
hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as
evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to
allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to
the surface waters of North Carolina or to a separate storm sewer system conveying discharges
to surface waters, from active and inactive mining sites, in accordance with the terms and
conditions set forth herein.
Coverage under this General Permit is applicable to;
♦ Stormwater point source discharges associated with mining and quarrying of non-
metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance;
♦ Mine dewatering wastewater discharges;
♦ Wastewater discharges from sand and/or gravel operations;
♦ Operation of non -discharging closed -loop recycle systems (and infrequent overflows);
♦ Process wastewater discharges from non -closed -loop recycle systems.
The following activities and associated discharges are excluded from coverage under this permit:
♦ Borrow Pits covered by the DOT statewide stormwater permit,
♦ Peat Mining,
♦ Coal Mining,
♦ Metal Mining,
♦ Oil and Gas Extraction Operations, and
♦ Combined Mining/Asphalt Operations (where asphalt operation is not covered by a separate
permit).
The General Permit shall become effective on January 1, 2010.
The General Permit shall expire at midnight on December 31, 2014.
Signed this day December 29, 2009.
Original Signed by Chuck Wakild
for Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission

Permit No. NCGO20000
TABLE OF CONTENTS
PART I INTRODUCTION
Section A: General Permit Coverage
Section B: Permitted Activities
PART II AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY
Section A: Requirements to Construct New or Expanded Treatment Facilities
Section B: Requirements For Operation of a Treatment Facility
PART III MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES
Section A: Stormwater Pollution Prevention Plan (SPPP)
Section B: Stormwater Discharges: Analytical Monitoring Requirements
Section C:. Stormwater Discharges: On -Site Vehicle Maintenance
Section D: Stormwater Discharges: Qualitative Monitoring Requirements
Section E: Wastewater Discharges: Effluent Limitations and Monitoring Requirements for Mine
Dewatering Wastewater and Process Wastewater
PART IV STANDARD CONDITIONS
Section A: Compliance and Liability
1.
Compliance Schedule
2.
Duty to Comply
3.
Duty to Mitigate
4.
Civil and Criminal Liability
S.
Oil and Hazardous Substance Liability
6.
Property Rights
7.
Severability
8.
-Duty to Provide Information
9.
Penalties for Tampering
10.
Penalties for Falsification of Reports
Section B: General Conditions
1. General Permit Expiration
2. Transfers
3. When an Individual Permit May be Required
4. When an Individual Permit Maybe Requested
i

Permit No. NCG020000
S. Signatory Requirements
6. General Permit Modification, Revocation and Reissuance, or
Termination
7. Certificate of Coverage Actions
Section C: Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
2. Need to Halt or Reduce not a Defense
3. Bypassing of Wastewater or Stormwater Control Facilities
Section D: Monitoring and Records
I.
Representative Sampling
2.
Recording Results
3.
Flow Measurements
4.
Test Procedures
S.
Non-Stormwater Discharges
6.
Representative Outfall
7.
Records Retention
8.
Inspection and Entry
Section E: Reporting
Requirements
1.
Discharge Monitoring Reports
2.
Submitting Reports
3.
Availability of Reports
4.
Non-Stormwater Discharges
5.
Planned Changes
6.
Anticipated Noncompliance
7.
Bypass
8.
Twenty-four Hour Reporting
9.
Other Noncompliance
10.
Other Information
PART V LIMITATIONS REOPENER
PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
PART VII DEFINITIONS
M

Permit No. NCG020000
PART I -- INTRODUCTION
SECTION A: GENERAL PERMIT COVERAGE
All persons desiring to have facilities covered by this General Permit must register with the Division
of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The N01 shall be
submitted and a certificate of coverage issued prior to any discharge of stormwater associated with
industrial activity, mine dewatering wastewater, or process wastewater that has a point source
discharge to the surface waters of the state.
This General Permit covers mining and quarrying of nonmetallic minerals (except fuels) including
borrow pits (that would not be covered under the statewide DOT stormwater permit) and active or
inactive mines that discharge stormwater contaminated with, or that has come in contact with,
any overburden, raw material, intermediate products, finished products, byproducts or waste
products located at the site of such operations and stormwater runoff from vehicle maintenance
areas. This General Permit also covers discharge of wastewater from processing mined materials
and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in
the mine pit.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H
.0100, stating the reasons supporting the request. Any application for an individual permit should
be made at least 180 days prior to commencement of discharge.
This General Permit does not cover activities or discharges covered by an individual NPDES permit
until the individual permit has expired or has been revoked. Any person conducting an activity
covered by an individual permit but which could be covered by this General Permit may request
that the individual permit be revoked and coverage under this General Permit be provided.
Any facility may apply for new or continued coverage under this permit until a Total Maximum
Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is established. A TMDL
sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to an
impaired water. For discharges to watersheds affected by a TMDL, coverage under this
permit may depend on the facility demonstrating it does not have reasonable potential to
violate applicable water quality standards for those pollutants as a result of discharges. If
the Division determines that discharges have reasonable potential to cause water quality standard
violations, the facility shall apply for an individual permit 180 days prior to the expiration date of
this general permit. Once that individual permit is effective, the facility will no longer have
coverage under this general permit. [Note the permittee must identify impaired waters (scheduled
for TMDL development) and waters already subject to a TMDL in the Site Plan, as outlined in the
Stormwater Pollution Prevention Plan (SPPP), Part III, Section A.
Parts I -II Page 1 of 4

Permit No. NCGO20000
SECTION B: PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater, mine dewatering, and/or process wastewater to the surface waters of North Carolina
or a separate storm sewer system which has been adequately treated and managed in accordance
with the terms and conditions of this General Permit. Types of approved discharges are
dependent upon approval and are detailed in the permittee's individual Certificate of
Coverage (COC). All discharges shall be in accordance with the conditions of this permit.
Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or approval. If
mining activities will expand or change such that the types of discharges are affected, the permittee
is to contact DWQ to determine if modifications to the COC are necessary first. The permittee is also
responsible for contacting the Division of Land Resources (DLR) if modifications to the Mining
Permit are necessary, as compliance with the Mining Permit is a stipulation of this permit.
The discharges allowed by this General Permit shall not cause or contribute to violations of
Water Quality Standards. Discharges allowed by this permit must meet applicable wetland
standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements
as outlined in 15A NCAC 2H .0500. This permit does not relieve the permittee's responsibility for
compliance with any other applicable federal, state or local law, rule, standard, ordinance, order or
decree.
PART lI - AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY
Mining operations involving construction and operation of wastewater treatment facilities for
mine dewatering or process wastewater (such as saw water, wash water, etc.) are subject to
construction and operation requirements for treatment facilities as outlined in Sections A and B
below.
SECTION A: REQUIREMENTS FOR CONSTRUCTING NEW OR EXPANDING
WASTEWATER TREATMENT FACILITIES
1. All new or expanding wastewater treatment facilities must receive an Authorization to
Construct (AtC) from DWQ, unless specifically excluded in Part II1, Section E in this permit.
Treatment facility arrangements excluded from the AtC requirement are as follows:
♦ Dewatering wastewater directly pumped from the pit through erosion and
sedimentation control facilities and that does not require additional treatment other
than those structures to meet effluent limits prior to discharge.
♦ Water conveyed from mined sand and/or gravel through erosion and
sedimentation control facilities and that does not require additional treatment other
than those structures to meet effluent limits prior to discharge.,
♦ Closed -loop process recycle wastewater systems that are designed to operate with
a minimum of two feet (2') of freeboard and that limit the water entering the system to
makeup water and/or precipitation that falls directly into the system (i.e., exclude
stormwater runoff from draining into the system).
♦ Facilities designed to administer polyacrylamides (DAMS) or other chemical
flocculant materials, as long as administered in accordance with Division requirements
and that do not require additional treatment other than those structures to meet
effluent limits prior to discharge.
Parts I-11 Page 2 of 4

Permit No. NCG020000
Treatment facility arrangements that are subject to AtC requirement include, but are
not limited to:
♦ Dewatering wastewater treatment facilities for discharges that do not meet effluent
limits and do not protect water quality standards.
♦ Process recycle wastewater systems that are not designed to operate with a
minimum of two feet (2') of freeboard and/or do not otherwise meet criteria to be
considered closed -loop recycle system (i.e., Non -closed -loop recycle systems).
2. Application for the AtC requires that plans and specifications be submitted to the Division of
Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1617 for approval.
3. Upon approval of the plans and specifications by the Division, a set of approved plans and
specifications for the subject project will be returned to the permittee. These plans must be
retained by the permittee for the life of the treatment facility.
4. Upon receipt of an approved AtC, approved treatment facilities shall be constructed and
implemented in accordance with the conditions of this permit, approved plans and
specifications, and other supporting data. Treatment facilities shall be constructed to meet
the effluent limitations in Part III, Section E of this General Permit. All such inspections
must be documented with printed name, date, and signature of individual performing the
inspection(s).
5. Upon completion of construction and prior to operation of a permitted facility, a
certification of plans and specifications must be received from a professional engineer in
accordance with G.S. 89-25 certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
materials. Mail the Certification of plans and specifications to the Division of Water Quality,
Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
6. The permittee shall notify the DWQ Regional Office at least seventy-two (72) hours in
advance of operation of the installed facilities so that an in -place inspection can be made if
the Regional Office so desires. Such notification to the Regional Supervisor shall be made
during normal business hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays.
Parts I-11 Page 3 of 4

Permit No. NCG020000
SECTION B: REQUIREMENTS FOR OPERATION OF A WASTEWATER TREATMENT
FACILITY
Existing, new and expanding wastewater treatment facilities shall be subject to the following
operational requirements.
Operation and maintenance of treatment facilities must be in accordance with the
requirements in this General Permit. For the purposes of this permit no documentation
other than a signed Certificate of Coverage is required to operate an existing treatment
facility. New treatment facilities must also have an Authorization to Construct (AtC) permit,
with the exceptions noted in Section A above.
2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except
under provisions of this permit in Part IV, Section C.3 and Part IV, Section E.7
3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance
conditions, the permittee shall take immediate corrective action, including those actions
that may be required by this Division, such as the construction of additional or replacement
treatment or disposal facilities.
4. The issuance of this permit shall not relieve the permittee of the responsibility for damages
to surface waters of the State resulting from the operation of a treatment facility.
5. Any discharge from a treatment system to groundwater must protect the groundwater
standards specified in 15A NCAC 2L, Groundwater Classification and Standards.
6. Any groundwater quality monitoring, as deemed reasonably necessary by the Division, shall
be provided.
7. Flocculants evaluated by the Division may be used if administered in accordance with
maximum application doses and any other current requirements. No other chemical
flocculants shall be used in the treatment facility without written authorization from the
Division. Evaluated Polyacrylamide (PAMS) information can be found via the Stormwater
Permitting Unit website.
All discharges of mine dewatering wastewater and process wastewater will be monitored in
accordance with Part III, Section E of this permit.
Parts I -II Page 4 of 4

Permit No. NCG020000
PART III — MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED
DISCHARGES
SECTION A: STORMWATER POLLUTION AND PREVENTION PLAN (SPPP)
All permittees shall develop and implement a Stormwater Pollution Prevention Plan (SPPP),
herein after referred to as the Plan. This Plan shall be considered public information in accordance
with Part IV, Standard Conditions, Section E, Paragraph 3 of this General Permit. The Plan shall
include, at a minimum, the following items:
Site Plan. The site plan shall provide a description of the physical facility and the potential
pollutant sources that may be expected to contribute to contamination of stormwater
discharges. The site plan shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters, the name of the receiving water(s) to which the stormwater outfall(s)
discharges, or if the discharge is to a municipal separate storm sewer system, the
name of the municipality and the ultimate receiving waters, and accurate latitude
and longitude of the point(s) of discharge. The general location map (or
alternatively the site map) shall identify whether each receiving water is impaired
(on the state's 303(d) list of impaired waters) or is located in a watershed for
which a TMDL has been established, and what the parameter(s) of concern are.
(b) A narrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices. A narrative description of the potential pollutants that
could be expected to be present in the stormwater discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary,
the stormwater discharge outfalls, all on -site and adjacent surface waters and
wetlands, industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads), site topography, all
drainage features and structures, drainage areas for each outfall, direction of flow in
each drainage area, industrial activities occurring in each drainage area, buildings,
existing BMPs (with design capacities), and permanent impervious surfaces, such as
roads or process areas that are unlikely to change frequently. The site map shall
include a distance legend. In addition, the following industrial activity areas must
also be identified on the site map: fueling, engine maintenance and repair, vessel
maintenance and repair, washing, painting, sanding, blasting, welding, and metal
fabrication.
(d) A list of significant spills or leaks of pollutants that have occurred during the
previous three (3) years and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part IV, Standard Conditions, Section B,
Paragraph S. The permittee shall re -certify annually that the stormwater
outfalls have been evaluated for the presence of non-stormwater discharges.
Part III Page 1 of 16 Pages

Permit No. NCG020000
Erosion and Sedimentation Control. The permittee shall implement the management
practices and the erosion and sedimentation control measures that are included in the
mining permit or erosion and sedimentation control permit issued by the Division of Land
Resources (DLR). Compliance with the DLR issued permit is considered a requirement
of this general permit. Any deviation from the DLR issued permit, or amendments to the
issued permit, that impacts water quality shall constitute a violation of the terms and
conditions of this general permit. All erosion and sediment controls shall be inspected, and
a respective written record of repairs and maintenance shall be available to DWQ
inspectors. A signed copy of the issued permit including the approved erosion and
sedimentation control measures and the reclamation plan shall be maintained on the
site at all times. Once an area is released by the Division of Land Resources in accordance
with NC G.S. Chapter 74, Article 7, it shall no longer be subject to this general permit.
Stormwater Management Plan. The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
nonstructural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(a) Management of Stormwater Runoff and Runon. The permittee shall maintain
stormwater BMPs for mine excavation and disturbance areas, process areas, and
any other areas associated with mining or vehicle maintenance activities. In
addition, controls should be used to limit or isolate selected land disturbance and
process areas and limit the amount of off site stormwater runon to those areas.
Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate,
reuse or otherwise manage stormwater runoff and runon in a manner that reduces
pollutants in stormwater discharges leaving the site. Appropriate BMPs may
include but are not limited to: vegetative swales, berms, use of reclaimed mine
areas, and reuse of collected stormwater (such as for an industrial process or as an
irrigation source).
(b) BMP Controls Inspection and Maintenance. All stormwater controls shall be
inspected. All inspections are to be documented with a written record of repairs.
BMPs shall be inspected by or under the direction of the permittee at least once
every seven calendar days and within 24 hours after any storm event that results in
a discharge, unless the site is inactive.
Reduced Inspections far inactive mines: For inactive mines that have obtained an
"Inactive Renewal" Mining Permit from DLR, BMPs must be inspected at least
once every month, and within 24 hours of any storm event of 0.5 inches or more.
For mines where active mining has suspended temporarily, but the mine maintains
an active Mining Permit from DLR, the permittee must certify to DWQ that all
portions of the site -where clearing, grading, and/or excavation activities have
temporarily ceased have been stabilized with vegetation, and may then conduct
BMP inspections within 24 hours of any storm event that results in a discharge (no
weekly minimum). The permittee must send certification to the DWQ Regional
Office of "inactive" status and may be subject to an inspection for verification. The
permittee must also notify the Regional Office upon resuming mining activities.
A rain gauge and monitoring records are to be kept on site. BMPs shall be operated
and maintained. BMPs must be cleaned out when sediment storage capacity is at
50% permitted volume. If visible sedimentation is leaving the property, corrective
Part III Page 2 of 16 Pages

Permit No. NCG020000
action shall be taken to reduce the discharge of sediments. Visible sedimentation
shall be recorded with a brief explanation of measures taken to prevent future
releases, as well as any measures taken to remove the sediment that has left the site.
Visible sedimentation records shall be kept onsite. All other stormwater specific
controls (e.g. oil/water separators) shall be inspected and qualitatively monitored
(as per Part III. D) on a semi-annual schedule. A log of all sampling data, including
activities taken to implement BMPs associated with vehicle maintenance activities,
shall be maintained and incorporated into the SPPP and kept onsite and available
for inspection purposes. These items shall be available for the duration of the
permit term and made available to the Director upon request. These data shall be
sent to the Regional Office upon request.
(c) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313
of Title III of the Superfund Amendments and Reauthorization Act (SARA) water
priority chemicals; and storage in any amount of hazardous substances, in order to
prevent leaks and spills from contaminating stormwater runoff. A table or summary
of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a
locking mechanism), and any stormwater that accumulates in the containment area
shall be at a minimum visually observed for color, foam, outfall staining, visible
sheens and dry weather flow, prior to release of the accumulated stormwater.
Accumulated stormwater shall be released if found to be uncontaminated by any
material. Records documenting the individual making the observation, the
description of the accumulated stormwater, and the date and time of the release
shall be kept for a period of five (5) years.
4, Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP)
shall incorporate an assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or the team) responsible for implementing the
SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by
each individual acknowledging their responsibilities for the plan. A responsible person
shall be on -site at all times during facility operations that have the potential to contaminate
stormwater runoff through spills or exposure of materials associated with the facility
operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention
Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be
sufficient to completely address the stormwater aspects of the SPRP. The common
elements of the SPCC with the SPRP may be incorporated by reference into the SPRP.
5. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented. The
program shall ensure equipment used during mining activity on a site must be operated and
maintained to prevent potential pollution of the surface water or groundwaters of the state.
Fuels, lubricants, coolants, hydraulic fluids, or any other petroleum products shall not be
discharged on the ground or into surface waters. Spent lubricants and fuels shall be
disposed of properly and in accordance with applicable federal disposal regulations. Spilled
fluids shall be cleaned up to the maximum extent practicable and properly disposed of to
prevent entry to surface waters or groundwaters of the state. The program shall establish
schedules of inspections, maintenance, and housekeeping measures for vehicle
maintenance and industrial activity areas (including material storage and handling areas,
Part III Page 3 of 16 Pages

Permit No. NCG020000
disposal areas, process areas, loading and unloading areas, and haul roads), where not
already addressed under another element of this Plan. Schedules for inspections,
maintenance, and housekeeping, and documentation that these program elements are being
implemented, shall be recorded and maintained in the SPPP.
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill response
and cleanup, preventative maintenance activities, and for any of the facility's operations
that have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified, and their annual training shall
be documented by the signature of each employee trained. Additional required training
items include: used oil management, spent solvent management, disposal of spent
abrasives, disposal of vessel wastewaters, fueling procedures, sanding, painting and blasting
procedures, and used battery management.
7. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific
position(s) responsible for the overall coordination, development, implementation, and
revision to the Plan. Responsibilities for all components of the Plan shall be documented
and position assignments provided.
8. Plan Amendment. The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance that has a significant effect on the potential
for the discharge of pollutants to surface waters. All aspects of the Stormwater Pollution
Prevention Plan shall be reviewed and updated on an annual basis. The annual update
shall include an updated list of significant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred. The annual update shall include
written re -certification that the stormwater outfalls have been evaluated for the presence of
non-stormwater discharges. Each annual update shall include a documented re-evaluation
of the effectiveness of the BMPs listed in the BMP Summary of the Stormwater Management
Plan. The Director may notify the permittee when the Plan does not meet one or more of
the minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with Part
VI, Standard Conditions, Section B, Paragraph 5) to the Director that the changes have been
made.
9. Plan Implementation. The permittee shall implement the Plan and all appropriate BMPs
to ensure that contaminants do not enter surface waters via stormwater that comes in
contact with any unstabilized overburden, raw materials, intermediate products, finished
products, byproducts or waste products located on the site covered by this permit.
Implementation of the Plan shall include documentation of all monitoring, measurements,
inspections, maintenance activities, and training provided to employees, including the log of
the sampling data and of actions taken to implement BMPs associated with the industrial
activities, including vehicle maintenance activities. Such documentation shall be kept on -
site for a period of five years and made available to the Director or the Director's authorized
representative immediately upon request.
SECTION B: STORMWATER DISCHARGES: ANALYTICAL MONITORING REQUIREMENTS
Stormwater discharges are defined as stormwater from mining activity areas, including (but not
limited to) areas of mine excavation, other land disturbance, process areas, and vehicle
maintenance. This section does not apply to wastewater discharges from mine dewatering
Part III Page 4 of 16 Pages

Permit No. NC6020000
and process areas. Analytical monitoring for stormwater discharges shall be performed for
parameters as specified in Tables 1 through 3. All analytical monitoring shall be performed
during a representative storm event as defined below.
Monitoring Exemption
Analytical monitoring is not required for any basin or pond designed to contain the 25-year, 24-
hour storm (see Part VII, Definitions) without discharging, and that can regain capacity to hold such
an event within five (5) days' time through means other than discharge to surface waters. A basin
or pond that meets this provision is considered a non -discharging stormwater control.
Table 1. Analytical Monitoring Requirements for Stormwater Discharges from Mining
Activities
Discharge.
Characteristics
'Units
Measurement
Fre uenc 1
Sample
Typ eZ
Sample
Location3
Settleable Solids
ml 1
Semi-annual
Grab
SDO
Total Suspended Solids
m I
Semi-annual
Grab
SDO
Turbidi
NTU
Semi-annual
Grab
SDO, or U,D4
Total Rainfalls
inches
Semi-annual
--
--
Event Durations
minutes
Semi-annual
Estimate
--
Total Flow6
MG
Semi-annual
Estimate
SDO
F9otnotes:
1. Measurement Frequency: Twice per year during a representative storm event, as defined for this permit.
Failure to comply with semi-annual monitoring in accordance with permit terms for any six-month
monitoring, period immediately_ triggers monthly monitoring for the remaining permit term.
2. Grab samples shall be collected within the first 30 minutes of discharge. For sites where multiple outfalls
are separated by distances that preclude collection within 30 minutes of each discharge event is not
feasible, begin collection procedures within 30 minutes and continue until all outfalls with discharges are
sampled. Documentation explaining why it was not possible to take samples within the first 30 minutes
must be kept in the SPPP.
3. Sample Location: Samples shall he collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted and documented by the Division of Water Quality. A
copy of the letter granting ROS shall be kept on site.
4. Turbidity may be monitored at the Stormwater Discharge Outfall. Alternatively, the permittee may
choose to monitor turbidity in the receiving water, directly upstream and downstream of the stormwater
discharge outfall(s).
5. For each sampled representative storm event the total precipitation must be recorded. An on -site rain
gauge or local rain gauge reading must be recorded.
6. Total flow shall be: (a) measured continuously, or (b) calculated based on the amount of area draining to
the outfall, the amount of impervious area, and the total amount of rainfall, or (c) estimated by the
measurement of flow at 20 minute intervals during the rainfall event. Total rainfall precipitation and
duration of the rainfall event refers to the representative storm event sampled.
All analytical monitoring shall be performed during a representative storm event at each
stormwater discharge outfall [SDO). The permit allows the permittee to monitor turbidity at the
SDO or up- and downstream of the SDO; however, the permittee should consider regular turbidity
sampling up- and downstream of the discharge(s) when feasible to ensure compliance with water
quality standards.
Part 111 Page 5 of 16 Pages

Permit No. NCGO20000
A representative storm event for the purposes of this General Permit is a storm event that
measures greater than 0.1 inches of rainfall. The time between this storm event and the previous
storm event measuring greater than 0.1 inches must be at least 48 hours. One storm event may
have a time period within it that has no precipitation. This time period may last up to 10 hours. For
example, if it rains but stops before producing any collectable discharge, a sample may be collected if
the next rain producing a discharge begins within 10 hours.
The permittee shall complete the analytical samplings in accordance with the schedule specified in
Table 2. A minimum of 60 days must separate each sample event unless monthly monitoring
has been instituted under a Tier 2 response. Failure to comply with semi-annual monitoring in
accordance with permit terms for any six-month monitoring period immediately triggers month)
monitoring for the remaining permit term, unless adverse weather conditions prevent sample
collection during the sample collection period. Inability to sample due to adverse weather
conditions must be documented in the SPPP with date, time and written narrative (see Adverse
Weather in Definitions) and reported on the Annual Summary DMR.
Table 2. Monitoring Schedule
Semi-annual
MonitoringlEvents� z
Start Date,
.(AII Year9
End Date
(All Years) 3
1
January 1
June 30
2
July 1
December 31
Footnotes:
1. Maintain semi-annual monitoring during permit renewal process (unless tiers prompt monthly). If at the
expiration of the General Permit, the permittee has submitted an application for renewal of coverage
before the submittal deadline, the permittee will be considered for renewed coverage. The applicant
must continue monitoring until the renewed Certificate of Coverage is issued.
2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No
Discharge" within 30 days of the end of the six-month sampling period in the SPPP. "No Flow" or "No
Discharge" shall be reported on the Annual Summary Discharge Monitoring Reports (DMR). This DMR is
to be submitted to the Division's Central Office by March 1 of each year.
3. Monitoring periods remain constant throughout the five-year permit term (from January 1, 2010 to
December 31, 2014).
In all cases, the permittee shall report (as required in Part IV, Section E.) the analytical results from
each sample within the monitoring period. The permittee shall compare those results to the
benchmark values in Table 3. Exceedences of benchmark values require the permittee to increase
monitoring, increase management actions, increase record keeping, send the monthly monitoring
results to the appropriate Regional Office, and/or install stormwater Best Management Practices
(BMPs) in a tiered program. See below the descriptions of tiered response actions.
Table 3. Benchmark Values for Stormwater Discharges
Discharge Characteristics
Benchmark Values
Settleable Solids
0.1 ml 1
Total Suspended Solids (TSS)
100 mg/1
TSS ORW, Ii W, trout, and PNA waters
50 mg/1
Turbidity
N/A See below
Part III Page 6 of 16 Pages

Permit No. NCG020000
The discharge shall not cause the turbidity of the receiving water to exceed Water Quality
Standards: '
10 NTU freshwater streams, lakes, and reservoirs designated as trout waters
25 NTU all lakes and reservoirs, and all salt waters
50 NTU all other streams and surface waters
If turbidity of the receiving stream exceeds these levels due to natural background conditions, the
existing turbidity level shall not be increased. If the turbidity exceeds these levels as a result of
stormwater discharges, the permittee must immediately institute Tier 2 response actions,
including monthly monitoring of all stormwater discharge outfalls to the receiving waters. The
permit allows the permittee to monitor turbidity in the effluent or up- and downstream of the
discharge point; however, the permittee should consider regular turbidity sampling up- and
downstream of the discharge(s) when feasible to ensure compliance with water quality standards.
Tier One
If: The first valid sampling results are above a benchmark value, or outside of the benchmark
range, for any parameter at any outfall;
Then: The permittee shall
1. Conduct a stormwater management inspection of the facility within two weeks of
receiving sampling results.
2. Identify and evaluate possible causes of the benchmark value exceedence.
3. Identify potential and select the specific: source controls, operational controls, or
physical improvements to reduce concentrations of the parameters of concern, or to
bring concentrations within the benchmark range.
4. Implement the selected actions within two months of the inspection.
S. Record each instance of a Tier One response in the Stormwater Pollution Prevention
Plan. Include the date and value of the benchmark exceedence, the inspection date, the
personnel conducting the inspection, the selected actions, and the date the selected
actions were implemented.
6. Send all monitoring results for that sample period to the appropriate DWQ Regional
Office.
Part III Page 7 of 16 Pages

Permit No. NCG020000
Tier Two
If: During the term of this permit, the first valid sampling results from two (2) consecutive
monitoring periods are above the benchmark values, or outside of the benchmark range, for
any specific parameter at a specific discharge outfall;
Then: The permittee shall
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring for all parameters at every outfall where a
sampling result exceeded the benchmark value for two (2) consecutive samples.
Monthly (analytical and qualitative) monitoring shall continue until three (3)
consecutive samples are below the benchmark values or within the benchmark range.
3. Send all monthly monitoring to the appropriate DWQ Regional Office.
4. If no discharge occurs during the sampling period, the permittee is required to record
"No Flow" or "No Discharge" in the SPPP for the sampling the period to comply with
monthly monitoring requirements and must submit reports in accordance with this
permit.
5. Maintain a record of Tier Two responses in the Stormwater Pollution Prevention Plan.
'Tier'Three
During the term of this permit, if the valid sampling results required for the permit monitoring
periods exceed the benchmark value, or are outside the benchmark range, for any specific
parameter at any specific outfall on four (4) occasions, the permittee shall notify the DWQ
Regional Office Supervisor in writing within 30 days of receipt of the fourth analytical
results. DWQ may but is not limited to:
• Require that the permittee revise, increase, or decrease the monitoring frequency for the
remainder of the permit;
• Rescind coverage under the General Permit, and require that the permittee to apply for
an individual stormwater discharge permit;
• Require the permittee to implement in -stream Turbidity Monitoring (U,D)
• Require the permittee to install or modify structural stormwater controls; or
• Require the permittee to implement other stormwater control measures
SECTION C: ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS
(STORMWATER DISCHARGES)
Facilities which have any on -site vehicle maintenance activity that uses more than 55 gallons of
new motor oil per month when averaged over the calendar year shall perform analytical
monitoring as specified below in Table 4. This monitoring shall be performed at all outfalls
discharging stormwater runoff from vehicle maintenance areas, and in accordance with the
Part III Page 8 of 16 Pages

Permit No. NCG020000
schedule presented in below. All analytical monitoring shall be performed during a representative
storm event as defined for this General Permit, unless adverse weather conditions prevent sample
collection during the sample collection period. Inability to sample due to adverse weather
conditions must be documented in the SPPP with date, time and written narrative (see Adverse
Weather in Definitions) and reported on the Annual Summary DMR.
Table 4. Analytical Monitoring Requirements from On -Site Vehicle Maintenance Areas
Discharge. Characteristics
Units
Measurement
lFrequencyl
Sample
Type2
Sample
Location3
H
standard
Semi-annual
Grab
SDO
Total Petroleum Hydrocarbons (TPH)
EPA Method 1664 SGT-HEM
mg/1
Semi-annual
Grab
SDO
Total Suspended Solids (TSS)
mg/1
Semi-annual
Grab
SDO
Total Rainfal14
inches
Semi-annual
Grab
--
Event Duration4
minutes
Semi-annual
Estimate
--
Total Flow5
MG
Semi-annual
Estimate
SDO
New Motor Oil Usage
gallons/month
Semi-annual
Estimate
--
_Footnotes:
I. Measurement Frequency: Twice per year during a representative storm event (See Table 2). A
minimum of 60 days must separate each event. Failure to comply with semi-annual monitoring in
accordance with permit terms for any six-month monitoring period immediately triggers monthly
monitoring for the remaining permit term.
2. Grab samples shall be collected within the first 30 minutes of discharge.
3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that
discharges stormwater runoff from area(s) where vehicle maintenance activities occur.
4. For each sampled representative storm event the total precipitation must be recorded. An on -site or
local rain gauge reading must be recorded.
S. Total flow shall be: (a) measured continuously, or (b) calculated based on the amount of area
draining to the outfall, the amount of impervious area, and the total amount of rainfall, or (c)
estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total rainfall
precipitation and duration of the rainfall event refers to the representative storm event sampled.
In all cases, the permittee shall report (as required in Part IV, Section E.) the analytical results from
each sample within the monitoring period. The permittee shall compare those results to the
benchmark values in Table S. Exceedences of benchmark values require the permittee to increase
monitoring, increase management actions, increase record keeping, send the monthly monitoring
results to the appropriate Regional Office, and/or install stormwater Best Management Practices
(BMPs) in a tiered program. The permittee shall comply with the required tiered response actions
identified above.
Table 5. Benchmark Values for On -Site Vehicle Maintenance Activities
Discharize,Characteristics
Benchmark Values .
H
within range the 6.0 -- 9.0
Total Petroleum Hydrocarbons (TPH)
15 m
Total Suspended Solids TSS
100 mg/1
TSS ORW, HQW, trout, and PNA waters
50 m I
Part [II Page 9 of 16 Pages

Permit No. NCG020000
SECTION D: QUALITATIVE MONITORING REQUIREMENTS (STORMWATER
DISCHARGES)
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of
representative outfall status and shall be performed as specified below in Table 6. Qualitative
monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and assessing new sources of stormwater pollution.
Qualitative monitoring of stormwater outfalls must be performed during a representative storm
event as defined for this General Permit, unless adverse weather conditions prevent sample
collection during the sample collection period. Inability to sample due to adverse weather
conditions must be documented in the SPPP with date, time and written narrative (see Adverse
Weather in Definitions). Qualitative monitoring will be performed twice per year, in accordance
with the schedule in Table 2. A minimum of 60 days must separate monitoring dates.
Table 6. Qualitative Monitoring Requirements
Discharge Characteristics
:FrequencyZL .
-Monitoring
Locations
Color
Semi-annual
SDO
Odor
Semi-annual
SDO
Clarity
Semi-annual
SDO
Floating Solids
Semi-annual
SDO
Suspended Solids
Semi-annual
SDO
Foam
Semi-annual
SDO
Oil Sheen
Semi-annual
SDO
Deposition at or immediately below the outfall
Semi-annual
SDO
Erosion at or immediately below the outfall
Semi-annual
SDO
Other obvious indicators of stormwater pollution
Semi-annual
SDO
Footnotes:
1. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall
(SDO) regardless of representative outfall status (ROS), unless ROS isgranted specifr`callyfor
qualitative monitoring. A copy of any letter granting ROS shall be kept on site.
2. For any outfalls represented by SDOs with representative status for qualitative monitoring,
qualitative monitoring is only required annually instead of semi-annually.
Representative outfall status (ROS) specifically for qualitative monitoring may be granted for some
stormwater.outfalls and must be documented by the Division of Water Quality. Qualitative
monitoring for all outfalls represented must still be performed annually at a minimum.
Qualitative monitoring records shall not be turned into the Division except when requested.
Qualitative monitoring records shall be maintained on site as part of the SPPP.
Part III Page 10 of 16 Pages

Permit No. NCG020000
Qualitative monitoring is for the purposes of evaluating the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP), assessing new sources of stormwater pollution, and prompting
the permittee's response actions to pollution. If the permittee repeatedly fails to respond
effectively to correct problems identified by qualitative monitoring, or if the discharge causes or
contributes to a water quality standard violation, DWQ may but is not limited to:
• Require that the permittee revise, increase, or decrease the monitoring frequency for the
remainder of the permit;
• Rescind coverage under the General Permit, and require that the permittee to apply for an
individual stormwater discharge permit;
• Require the permittee to implement in -stream Turbidity Monitoring (U,D)
• Require the permittee to install or modify structural stormwater controls; or
• Require the permittee to implement other stormwater control measures
SECTION E: WASTEWATER DISCHARGES: EFFLUENT LIMITATIONS AND MONITORING
REQUIREMENTS FOR MINE DEWATERING WASTEWATER & PROCESS
WASTEWATER
1. MINE DEWATERING WASTEWATER
Mine dewatering requirements apply to all mines that dewater from pits including quarries, clay
brick, sand & gravel, borrow pits, and refractory mining, as well as mines with similar discharges.
Note that for Construction Sand and Gravel or Industrial Sand mines, "mine dewatering'
wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage.
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge mine dewatering wastewater controlled in accordance with
the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands
or other surface waters must have secured and implemented a Pumping Operation and
Monitoring (O&M) Plan approved by the Division. Pumping 0&M Plans shall include, but are not
limited to:
• Groundwater monitoring strategies to demonstrate the effect of pumping.
• Detailed plans to maintain the surrounding hydrology that protects the affected streams and
wetlands and the respective monitoring to demonstrate compliance.
• The pumping regime deemed necessary to protect affected streams and wetlands.
Alternative site specific pumping and monitoring regimes may be approved by the Division on a
case -by -case basis. At the Division's discretion, approval of the Pumping 0&M Plan may be
required prior to coverage under this general permit.
Analytical monitoring of mine dewatering wastewater shall be performed as specified below in
Table 7. For each parameter, an effluent limitation is contained in Table 8. An exceedence of any
of these limitations is a violation of the permit conditions and may be subject to enforcement action
as specified in Part IV, Section A.2 of this permit.
Part III Page 11 of 16 Pages

Permit No. NCG020000
Mine Dewatering Treatment System ATC Requirement:
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 not
require 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 to meet permit limits and conditions are subject to Authorization to
Construct (AtC) requirements.
2. PROCESS WASTEWATER
Process wastewater includes, but may not be limited to, the water involved in the slurry transport,
washing, sawing of mined material, air emissions control or processing exclusive of mining of sand,
gravel and stone washing operations, dimension stone cutting operations, and air scrubbing and
dust control operations.
A) Overflow From Non -Closed Loop Recycle Systems
A "closed -loop" system is a wastewater recycle system where the only other water that may be
added is either make-up water or precipitation that falls directly into the system. "Closed -loop"
systems must operate at or below two feet of freeboard and must be designed to exclude
stormwater runoff from draining into it. Non -closed -loop recycle systems may recycle water,
but do not meet the above design criteria.
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge overflow from the process recycle wastewater systems that are
not designed as closed -loop recycle systems.
Analytical monitoring of overflow from process recycle wastewater systems that are not designed as
closed -loop recycle systems shall be performed as specified below in Table 7. For each parameter,
an effluent limitation is contained in Table 8. For the purposes of this permit, overflow refers to a
discharge of process wastewater as a result of a precipitation event.
Non -Closed -Loop Recycle System ATC Requirement:
Non -closed loop recycle systems do not meet the requirements for closed -loop recycle systems and
are not designed and operated with two feet of freeboard. Authorization to construct and operate
requirements (Part Il, Sections A and B) are applicable to non -closed -loop recycle systems.
B) Other Treated Process Wastewater Discharges
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge treated process wastewater from mining operations.
Treatment may involve conveyance through erosion and sedimentation control (E&SC) structures
and/or other engineered treatment systems.
Analytical monitoring of process wastewater shall be performed as specified below in Table 7. For
each parameter, an effluent limitation is contained in Table 8. An exceedence of any of these
limitations will result in a violation of the permit conditions and may be subject to enforcement
action as specified in Part IV, Section A.2 of this permit.
Part III Page 12 of 16 Pages

Permit No. NCG020000
Process Wastewater Treatment System ATC Requirement:
Engineered Erosion and Sedimentation control (E&SC) structures that sufficiently treat process
wastewater so that permit effluent limits are met and water quality is protected, do not require 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 to meet permit limits and conditions are subject to Authorization to Construct (AtC)
requirements.
Table 7. Monitoring Requirements for Wastewater Discharges in Section D -1., 2., and 3.
Discharge
Characteristics
Units
Measurement
'Frequency 1
Sample
T e2
Sample.
Location3
Type
H2
Standard
Quarterly
Grab
E
All
Settleable Solids2
ml I
Quarterly
Grab
E
All
Total Suspended Sohds2, 4
mg/1
Quarterly
Grab
E
All
Turbidity2
NTU
Quarterly
Grab
E or U,D
All
Fecal Coliform2, 5
col ml
Quarterly
Grab
E
All to SA waters
Total Flow6
MG
Quarterly
-
I E
All
Footnotes:
1. The monitoring frequency is quarterly (see Table 9) unless the effluent limitation in Table 8 is exceeded,
at which time monthly monitoring will be required for that parameter for the remaining permit term.
Failure Jo comply with -quarterly monitoring in accordance with permit terms for any one calendar
quarter immediately triggers monthly monitoring for all parameters for the remaining permit term.
2. A grab sample is not required for pH, settleable solids, TSS, turbidity, or fecal coliform from a
basin/pond designed to contain or treat mine dewatering wastewater and that results from rainfall in
excess of 10-yr, 24-hr storm (except this exemption is not available for mine dewatering of clay pits).
3. Sample Location: E - Effluent, or combined (U - Upstream, D - Downstream)
4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS
limits in Table B. All other types of mines covered by this permit are also required to monitor TSS, but
are notsubject to the limits in Table 8.
S. Only facilities discharging to waters classified as SA waters are required to monitor for this parameter
6. Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump
curves and pump logs may be used as a means to calculate flow volume.
Part III Page 13 of 16 Pages

Permit No. NCG020000
Table 8. EFFLUENT LIMITATIONS FOR PROCESS WASTEWATER AND MINE DEWATERING
WASTEWATER
Discharge Characteristics .w
£Effluent'Limitations
Monthly Average
Dail 'Maximum
Settleable Solids
0.1 ml I
0.2 ml I
Total Suspended Solidsl
25 m I
45 m
Total Suspended Solidsl (HQW)
20 m I
45 m
Total Suspended Solidsl Trout waters & PNA waters
10 m I
45 m
H Ran e2 freshwaters
--------
6.0 - 9.0 .
H Ran e2 saltwaters
----=---
6.8 - 8.5
Turbidi 3
--------
--------
Total Volume of Wastewater Discharged (HQW)4
--------
50% of 7Q10 flow4
Footnotes:
1. Applicable to Industrial Sand mining. Monthly Average Limit for discharges to waters designated as HQW
waters is 20 mg/1 and 10 mg/1 for trout waters and Primary Nursery Areas (PNAs)
2. Designated swamp waters can have a pH as low as 4.3 if due to natural conditions.
3. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels
described below as a result of wastewater discharges.
4. The total volume of treated wastewater for all discharges combined shall not exceed 50 percent of the
total in -stream flow of the receiving waters under 7Q10 conditions in HQW waters, including trout and
PNA waters.
The discharge shall not cause the turbidity of the receiving water to exceed Water Quality
Standards:
10 NTU freshwater streams, lakes, and reservoirs designated as trout waters
25 NTU all lakes and reservoirs, and all salt waters
50 NTU all other streams and surface waters
If turbidity of the receiving stream exceeds these levels due to natural background conditions, the
existing turbidity level shall not be increased. If the turbidity exceeds these levels as a result of
wastewater discharges, the permittee must immediately institute monthly monitoring for all
parameters. The permit allows the permittee to monitor turbidity in the effluent or up- and
downstream of the discharge point; however, the permittee should consider regular turbidity
sampling up- and downstream of the discharge(s) when feasible to ensure compliance with water
quality standards.
The permittee shall complete the analytical samplings of wastewater discharges in accordance with
the schedule specified in Table 9. Failure to comply with quarterly monitoring in accordance with
permit terms for any one calendar quarter immediately triggers monthly monitoring for all
parameters for the remaining permit term.
Part 111 Page 14 of 16 Pages

Permit No. NCG020000
Table 9. Monitoring Schedule
xQuarterly
Monitoring Eventsi,z
-Start Date
(All'Years)3
End Date
. {All Years) 3
1
January 1
March 31
2
Aril 1
June 30
3
July 1
September 30
4
October 1
December 31
Footnotes:
1. Maintain quarterly monitoring during permit renewal process (unless an exceedence or failure to
monitor prompts monthly monitoring). If at the expiration of the General Permit, the permittee has
submitted an application for renewal of coverage before the submittal deadline, the permittee will be
considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate
of Coverage is issued.
2. if no discharge occurs during the sampling period, the permittee must record "No Flow" or "No
Discharge" within 30 days of the end of the three-month sampling period in their SPPP. No Flow" or "No
Discharge" shall he reported on the Annual Summary Discharge Monitoring Reports (DMR). This DMR is
to be submitted to the Division's Central Office by March 1 of each year.
3. Monitoring periods remain constant throughout the five-year permit term (from January 1, 2010 to
December 31, 20141.
3. OVERFLOW FROM A CLOSED -LOOP PROCESS RECYCLE (CLPR) WASTEWATER SYSTEM
DESIGNED TO OPERATE WITH MINIMUM OF TWO FEET (2') OF FREEBOARD
A "closed -loop" system is a system where the only water that can be added must be either make-
up water or precipitation that falls directly into the system. The system must operate at or below
two feet of freeboard. The system must be designed to exclude stormwater runoff from draining
into it.
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge overflow from closed -loop process wastewater recycle
systems designed and operated with two feet of freeboard during normal operation. For the
purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation
event that over -tops the two feet of freeboard and is associated with any of the following:
a) Sand, Gravel, and Stone Washing Operations
b) Dimension Stone Cutting Operations
c) Crusher Dust Control Operations
No analytical monitoring is required for aver ow from dQ.5ed-1QQP process re cle CLPR
wastewater systems designed to operate with two feet o f freeboard.
Closed -Loop Process Recycle Wastewater System ATC Requirement:
Authorization to construct and operate requirements (Part II, Sections A and B) are not
applicable to a closed -loop process recycle wastewater systems that satisfy these design
criteria.
Part III Page 15 of 16 Pages

Permit No. NCG020000
4. BMP Conditions
a) The permittee shall utilize best management practices (BMPs) to ensure that contaminants
do not enter the surface waters as a result of blasting at the site.
b) Flocculants evaluated by the Division maybe used if administered in accordance with
maximum application doses and any other current requirements.
S. Residual Management
The residuals generated from treatment facilities used to meet the effluent limitations must be
disposed of in accordance with applicable standards and in a manner such as to prevent any
pollutants from such materials from entering waters of the state or navigable waters of the United
States,
Part III Page 16 of 16 Pages

Permit No. NCG020000
PART IV - STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS
SECTION A; COMPLIANCE AND LIABILITY
Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing facilities already operating, but applying for coverage under this General Permit for the first
time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12
months of the effective date of the initial Certificate of Coverage issued pursuant to this General
Permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 1I1,
Section A, Paragraph 3(c) of this permit, shall be accomplished within 12 months of the effective date
of the initial Certificate of Coverage.
New facilities applying for permit coverage for the first time and existing facilities previously
permitted and applying for renewal under this General Permit: All requirements, conditions,
limitations, and controls contained in this permit become effective immediately upon issuance of the
Certificate of Coverage. The Stormwater Pollution Prevention Plan shall be developed and
implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part III, Section A,
Paragraph 3(c) of this permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
Dutv to Com
The permittee must comply with all conditions of this General Permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of
coverage termination, revocation and reissuance, or modification; or denial of a certificate of
coverage upon renewal application.
a. The permittee shall comply with standards or prohibitions established under section 307(a)
of the Clean Water Act for toxic pollutants within the time provided in the regulations that
establish these standards or prohibitions, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates permit
conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment
for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed
an administrative penalty not to exceed $10,000 per violation with the maximum amount not to
exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).]
c. finder state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A]
d. Any person may be assessed an administrative penalty by the Director for violating section
301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing
any of such sections in a permit issued under section 402 of the Act. Administrative penalties for
Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1
penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000
Parts 1V, V, and VI Page 1 of 9 Pages

Permit No. NCG020000
per day for each day during which the violation continues, with the maximum amount of any Class 11
penalty not to exceed $125,000.
3. Duo Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
General Permit which has a reasonable likelihood of adversely affecting human health or the
environment.
4. Civil and Criminal Liability
Except as provided in Section D of this permit regarding bypassing of stormwater control facilities,
nothing in this General Permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-
215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
S. Oil and Hazardous u tance Li&lity
Nothing in this General Permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or
may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
6. Prol2eM Rights
The issuance of this General Permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of federal, state or local laws or regulations.
7. Severability
The provisions of this General Permit are severable, and if any provision of this General Permit, or
the application of any provision of this General Permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this General Permit, shall
not be affected thereby.
8. pity to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating the certificate of coverage issued pursuant to this General Permit or to determine
compliance with this General Permit. The permittee shall also furnish to the Director upon request,
copies of records required to be kept by this General Permit.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this General Permit
shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by
imprisonment for not more than two years per violation, or by both. If a conviction of a person is for
a violation committed after a first conviction of such person under this paragraph, punishment is a
fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or
both.
10. Penalties for Falsification of Reporl$
Parts IV, V, and VI Page 2 of 9 Pages

Permit No. NCG020000
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this General Permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both.
SECTION B: GENERAL CONDITIONS
1. General Permit Expiration
The permittee is not authorized to discharge after the expiration date. In order to discharge beyond
the expiration date, the permittee shall submit forms and fees as are required by the agency
authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that
has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a
permit after the expiration and has not requested renewal at least 180 days prior to expiration, will
be subjected to enforcement procedures as provided in NCGS §143-2153.6 and 33 USC 1251 et. seq.
2. Transfers
The certificate of coverage issued pursuant to this General Permit is not transferable to any person
except after notice to and approval by the Director. The Director may require modification or
revocation and reissuance of the certificate of coverage to change the name and incorporate such
other requirements as may be necessary under the Clean Water Act. Permittee is required to
notify the Division within 90 days in the event the permitted facility is sold or closed.
3. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a certificate of
coverage issued pursuant to this General Permit to apply for and obtain an individual permit or an
alternative General Permit. Any interested person may petition the Director to take action under this
paragraph. Cases where an individual permit may be required include, but are not limited to, the
following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or characteristics of
the discharge such that the discharge no longer qualifies for a General Permit;
C. The discharge violates the terms or conditions of this General Permit;
d. A change has occurred in the availability of demonstrated technology or practices for the
control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this General Permit;
€. A water quality management plan containing requirements applicable to such point sources
is approved after the issuance of this General Permit.
g, The Director determines at his or her own discretion that an individual permit is required.
4. When an Individual Permit May be Requested
Any permittee operating under this General Permit may request to be excluded from the coverage of
this General Permit by applying for an individual permit When an individual permit is issued to an
Parts IV, V, and VI Page 3 of 9 Pages

Permit No. NCG020000
owner/operator the applicability of this General Permit is automatically terminated on the effective
date of the individual permit.
5. Signatory Requirements
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 he signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, 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 similar 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 2S 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.
b. All reports required by the General Permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of
plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification; which shall not be modified in any way:
"I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. 1 am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
6. General Permit Modification, Revocation and Reissuance. or Termination
Parts IV, V, and VI Page 4 of 9 Pages

Permit No. NCG020000
The issuance of this General Permit does not prohibit the Director from reopening and modifying the
General Permit, revoking and reissuing the General Permit, or terminating the General Permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 1SA of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-21SA et. al.
After public notice and opportunity for a hearing, the General Permit may be terminated for cause.
The filing of a request for a General Permit modification, revocation and reissuance, or termination
does not stay any General Permit condition. The certificate of coverage shall expire when the General
Permit is terminated.
Certificabe ofCoverage Actions
The certificate of coverage issued in accordance with this General Permit may be modified, revoked
and reissued, or terminated for cause. The notification of planned changes or anticipated
noncompliance does not stay any General Permit condition.
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with this General Permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the
operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only
when the operation is necessary to achieve compliance with the General Permit.
Need to Hall Ur Beduce not a f n
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
General Permit.
Bypassing of Stormwater Control Facilities
Bypass is prohibited and the Director may take enforcement action against a permittee for bypass
unless:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control
facilities, retention of stormwater or maintenance during normal periods of equipment
downtime or dry weather. This condition is not satisfied if adequate backup controls should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
C. The permittee submitted notices as required under Section E of this Part.
If the Director determines that it will meet the three conditions listed above, the Director may
approve an anticipated bypass after considering its adverse effects.
Parts IV, V, and VI Page 5 of 9 Pages

Permit No. NCG020000
SECTION D: MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume
and nature of the permitted discharge. Analytical sampling shall be performed during a
representative storm event. Samples shall be taken on a day and time that is characteristic of the
discharge. All samples shall be taken before the discharge joins or is diluted by any other waste
stream, body of water, or substance.
2. Recording Results
For each measurement, sample, inspection or maintenance activity performed or collected pursuant
to the requirements of this General Permit, the permittee shall record the following information:
a. The date, exact place, and time of sampling, measurements, inspection or maintenance
activity;
b. The individual(s) who performed the sampling, measurements, inspection or maintenance
activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
3. 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.
4. 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.
resentative 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
Qualitative monitoring shall be documented and records maintained at the facility along with the
Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be
maintained on -site. The permittee shall retain records of all monitoring information, including all
calibration and maintenance records and all original strip chart recordings for continuous
monitoring instrumentation, and copies of all reports required by this General Permit for a period of
Parts IV, V, and VI Page 6 of 9 Pages

Permit No. NCG020000
at least 5 years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director at any time. If this volume of records cannot be maintained on -
site, the documents must be made available to an inspector upon request as immediately as possible.
Inspection and Ent►y
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), or in the case of a facility which discharges
through a municipal separate storm sewer system, an authorized representative of a municipal
operator or the separate storm sewer system receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this General Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this General Permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this General Permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring General Permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location.
SECTION E: REPORTING REQUIREMENTS
1. Discharge Monitoring Reports
Samples analyzed in accordance with the terms of this permit shall be recorded on Discharge
Monitoring Report (DMR) forms provided by the Director. 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 Division Central Files no later than 30
days from the date the facility receives the sampling results from the laboratory.
When no discharge has occurred from one or more outfalls during the report period, the permittee is
required to record "NO FLOW" or "NO DISCHARGE" in the SPPP within 30 days of the end of the
sampling period."No Flow" or "No Discharge" information shall be reported on the Annual Report
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 DWQ's specific
direction to do so.
The permittee shall include the signed certification statement described in Part IV, Section B.S.c.
Submitting Reports (3 copies)
Two signed copies of an Annual Summary Discharge Monitoring Report (DMR) shall be submitted to
DWQ no later than March 1 of each year. They shall be submitted to:
Central Files
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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Permit No. NCG020000
One signed DMR form with wastewater effluent limit violations or benchmark value exceedences
shall be sent to the appropriate DWQ Regional Office no later than 30 days from the date the
facility receives the sampling results from the laboratory.
One copy of all tiered (stormwater) response forms shall also be sent to the appropriate DWQ
Regional Office 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 recorded during
that monitoring period.
Addresses for each RO and the counties covered by each RO can be found here:
htto://wwW,enr,State.nc.ttslhtmices.html. The permittee shall retain the completed
originals on site. Qualitative monitoring results should not be submitted to the Regional Offices or
Central Files unless specifically requested by DWQ.
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division of Water Quality. As required by the Act, analytical
data shall not be considered confidential. Knowingly 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.
4. 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 the
non-stormwater discharge permit and provide this information with the stormwater discharge
monitoring report.
5. Pinned —Changes
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which could significantly alter the nature or quantity of pollutants discharged. This
notification requirement includes pollutants which are not specifically listed in the General Permit or
subject to notification requirements under 40 CFR Part 122.42 (a).
6. Anticipated Noncompliance
The permittee shall give notice to the Director as soon as possible of any planned changes at the
permitted facility which may result in noncompliance with the General Permit requirements.
7. Bypass
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware
of an unanticipated bypass.
Twenty-four Hour Reuortine
The permittee shall report to the central office or the appropriate regional office any noncompliance
which may endanger health or the environment. Any information shall be provided orally within 24
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Permit No. NCG020000
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.
The Director may waive the written report on a case -by -case basis if the oral report has been
received within 24 hours.
9. 5Dills
The permittee shall report to the local DWQ Regional Office, within 24 hours, all significant spills as
defined in Part Vil of this 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.
10. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under 24 hour reporting at
the time monitoring reports are submitted.
11. 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 in any report to the Director, it shall promptly submit such
facts or information.
PART V - LIMITATIONS REOPENER
This General Permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b)
(2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or
approved:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the
General Permit; or
Controls any pollutant not limited in the General Permit.
The General Permit as modified or reissued under this paragraph shall also contain any other requirements in
the Act then applicable.
f
PART VI - ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being
billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(4)
may cause this Division to initiate action to revoke the Certificate of Coverage.
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Permit No. NCG020000
PART VII - DEFINITIONS
I. Act
See Clean Water Act.
2. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event and the rationale must be included with your SPPP
records. Adverse weather does not exempt the permittee from having to file a monitoring report in
accordance with the sampling schedule. Adverse events and failures to monitor must be explained on
the Annual Summary DMR Report and recorded and explained in the SPPP records.
3. Arithajetic.an
The arithmetic mean of any set of values is the summation of the individual values divided by the
number of individual values.
4. Allowable Non-Stormwater Discharges
a. This permit regulates stormwater discharges. Non-stormwater discharges which shall be
allowed in the stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable
water, waterline and fire hydrant flushings, water from footing drains, flows
from riparian habitats and wetlands.
(c) Discharges resulting from fire -fighting or fire -fighting training.
5. Best Management Practices (BMPsj
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm.
6. Bypass
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
7. Bulk Storage of Liquid Products
Liquid raw materials, manufactured products, waste materials or by-products with a single above
ground storage container having a capacity of greater than 660 gallons or with multiple above
ground storage containers located in close proximity to each other having a total combined storage
capacity of greater than 1,320 gallons.
8. Certificate of Coverage
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Permit No. NCG020000
The Certificate of Coverage (COC) is the cover sheet which accompanies the General Permit upon
issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage
under the permit and is signed by the Director.
9. Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 12S1, et. seq.
10. Division or DWO
The Division of Water Quality, Department of Environment and Natural Resources.
11. Director
The Director of the Division of Water Quality, the permit issuing authority.
12. EMC
The North Carolina Environmental Management Commission.
13. Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively
or qualitatively) must be taken within the first 30 minutes of discharge.
14. Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
15. Inactive Mining Operations
Mining Sites that are not being actively mined, but which have an identifiable owner/operator;
inactive mining sites do not include sites where mining claims are being maintained prior to
disturbances associated with the extraction, benefaction, or processing of mined materials, nor sites
where minimal activities are undertaken for the sole purpose of maintaining a mining claim.
16. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
17. Nine Dewatering Wastewater
Mine Dewatering Wastewater includes any water that is impounded in, or that collects in, the mine
and is pumped, drained or otherwise removed from the mine through the efforts of the mine
operation. In Construction Sand and Gravel or Industrial Sand mines, "mine dewatering"
wastewater also includes wet pit overflows caused solely by direct rainfall and groundwater seepage.
Discharges of commingled process wastewater and mine dewatering wastewater from the facilities
shall be deemed discharges of process wastewater.
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Permit No. NCG020000
18. Municipal Separate Storm Sewer System
A stormwater collection system within an incorporated area of local self-government such as a city or
town.
19. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products. DWQ may grant a No Exposure Exclusion from NPDES Stormwater Permitting
requirements only if a facility complies with the terms and conditions described in 40 CFR
§122.26(g)
20. Notice of Intent
The state application form which, when submitted to the Division, officially indicates the facility's
notice of intent to seek coverage under a General Permit.
21. Overburden
Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding
topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations
22. Permittee
The owner or operator issued a certificate of coverage pursuant to this General Permit.
23. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
24. Process Wastewater
Process Wastewater includes any wastewater used in the slurry transport, washing, sawing of mined
material, air emissions control or processing exclusive of mining. This water shall also include any
other water which becomes commingled with such wastewater in a pit, pond, lagoon, mine or other
treatment facility for such wastewater.
25. Representative Storm Event
A representative storm event for the purposes of this general permit is a storm event that measures
greater than 0.1 inches of rainfall. The time between this storm event and the previous storm event
measuring greater than 0.1 inches must be at least 48 hours. One storm event may have a time period
with no precipitation. This time period may last up to 10 hours. For example, if it rains but stops
before producing any collectable discharge, a sample may be collected if the next rain producing a
discharge begins within 10 hours.
26. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative
of the discharges at multiple out€alls, the DWQ may grant representative outfall status.
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Permit No. NCG020000
Representative outfall status allows the permittee to perform analytical monitoring (and in some
cases qualitative monitoring) at a reduced number of outfalls.
27. Rinse Water Discharge
The discharge of rinse water from equipment cleaning areas associated with industrial activity.
Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include
washwaters utilizing any type of detergent or cleaning agent
28. Seconda[y Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event
29. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community
Right -to -Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
C. Meets at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR Part 122 on Table 11 (organic priority pollutants),
Table III (certain metals, cyanides,.and phenols) or Table IV (certain toxic pollutants
and hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
(3) is a pollutant for which EPA has published acute or chronic water quality criteria.
30. Severe Property Damage
Means substantial physical damage to property, damage to the control facilities which causes them to
become inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
31. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title I]I of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
32. Significant Spills
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Permit No. NCG020000
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section
102 of CERCLA (Ref: 40 CFR 302.4).
33. Stormwater Discharge Outfall CSDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
34. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
35. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in
40 CFR 122.26(b) (14). The term does not include discharges from facilities or activities excluded
from the NPDES program.
36. Stormwater Pollution Prevention Plan
A comprehensive site -specific plan which details measures and practices to reduce Stormwater
pollution and is based on an evaluation of the pollution potential of the site.
37. Total Flow
The flow corresponding to the time period over which the entire storm event occurs. Total flow shall
be either; (a) measured continuously, (b) calculated based on the amount of area draining to the
outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated
by the measurement of flow at 20-minute intervals during the rainfall event.
38. Total Maximum Daily Load (TMDLI
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. (A list of approved TMDLs for the state of North Carolina can be
found at http://b2o.enr.state.nc.us/tmdl/)
39. Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
40. Treatment Facilities
Treatment facilities include any pit, pond, lagoon, basin, mine or containment structure used to treat
or contain process wastewater generated on mine sites. They must be used to -meet Effluent
Limitations and are not Stormwater Best Management Practices (BM Ps).
41. Vehicle Maintenance Activity
Part VII Page 5 of 6

Permit No. NCG020000
Vehicle or vessel rehabilitation, mechanical repairs, painting, fueling, lubrication, cleaning
operations, or airport deicing operations.
42, Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
43. 25-year, 24 hour storm event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Part VI I Page 6 of 6