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HomeMy WebLinkAboutNCG020775_COMPLETE FILE - HISTORICAL_20190408STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V Ci& DaMs DOC TYPE L-1"HISTORICALFILE ❑ MONITORING REPORTS DOC DATE ❑ aol96qoK WYYMMDD ROY COOPER Govern or MICHAEL S. REGAN Seererary f5. DANIEL SMITH 7hterim Director CERTIFIED MAIL: 7015 0640 0007 8168 5451 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attn: John A. Lindsay, Member/Manager P.O. Box 122 Raeford, NC 28376 NORTH CAROLINA Environmental Quality April $, 2019 Subject: NOTICE OF DEFICIENCY (NOD-2019-PC-0085) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A &. H Mine, Certificate of Coverage NCG020775 Hoke County Dear Mr. Lindsay: On March 12, 2019, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the A & H Mine facility located off of Doc Brown Road, Hoke County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Duncan Parker, Assistant Manager, was present during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020775. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed tributary to Beaver Creek, a Class C waterbody in the Cape Fear River Basin. As a result of the site inspection, the following deficiency is noted: 1. Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Thank you for your attention to this matter. This office requires that the deficiency, as noted above and detailed in the enclosed inspection report, be properly resolved. Failure to address the deficiency could result in the issuance of a Notice of Violation, which is subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions or concerns, please contact Melissa Joyner or myself at (910) 433-3300. ® E Q> North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street. Suite 714 1 Fayettevtlle. North Carolina 28301 OTunw Ncnao �s 910-4333300 Sincerely, y l�.0 - Timothy L. LaBounty, PE Regional Engineer DEMLR TLL/maj Enclosure: Compliance Inspection Report ec: Duncan Parker, Assistant Manager — 401 Sand Company, LLC (via email) William E. (Toby) Vinson, Jr., Section Chief — DEMLR (via email) Annette Lucas, PE, Program Manager — DEMLR, Stormwater Permitting Program (via email) Alaina Morman, Environmental Specialist — DEMLR, Stormwater Permitting Program (via email) cc: FRO — DEMLR, Stormwater Files-NCG020000 Domestic Mail on For delivery infor[m�a _■ l� F r M1 U Rstum ReoMpi Nff&*M s 0 ❑ Rsdrrn Rsoalpi iNachprdc'J j M-{]Certined naan Reatrktsd AslNery S C:j ❑Adak slpnature Raqukad $ ❑ Aduk S4-aft" R.Uttsd DWKwy $ 0 Ln a a Postmark Here Sent TO GilAghOrn l./4Ay :- -LagU: Memb3r =��W�----------------- s� °� 3� 2 -------------------------------------------- AIC 37CP ■ Complete items 1, 2, and 3. Also complete A. Sign item 4 if Restricted Delivery is desired. ' A i ■ Print your name and address on the reverse X Z�_�� �. t so that we can return the card to you. B. Received by (Printed Name) C. o Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 1. Article Addressed to: If YES, enter delivery address below: 401 SAND COMPANY, LLC ATTN: JOHN A. LINDSAY, MEMBER/MANAGER PO BOX-122 Agent-' . Addressee . ate of Del -very ._Z ! Z ❑ Yes ❑ No RAEFORD NC 28376 3. Se ice Type Certified Mail ❑ press Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4• Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 1 {Transfer from service label} I 7015 0640 0007 -_-__ r i r �r t4I I t 1 f rI l I e I r i1 r 1 1 PS Form 3811. February 2004 i Domestic Return Receipt 102595-02-M-1540 i Permit: NCG020775 t sac: County: Hoke Region: Fayetteville Compliance Inspection Report Effective: 10/01/15 Expiration: 09/30/20 Owner: 401 Sand Company LLC Effective: Expiration: Facility: A & H Mine DOC Brown Rd Contact Person: John A Lindsay Title: Directions to Facility: --200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Secondary ORC(s): On -Site Representative(s): Related Permits: Raeford NC 28376 Phone: 910-875-2108 Phone: Inspection Date: 03/12/2019 Entry Time: 01:05PM Exit Time: 03:20PM Primary Inspector: Melissa A Joyner 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 f of 3 Permit: NCG020775 Owner - Facility:401 Sand Company LLC Inspection Dale: 03112l2019 Inspection Type :Compliance Evaluation Reason for Visit: Routine Inspection Summary: Melissa Joyner met with Duncan Parker, Assistant Manager on March 12, 2019 for an inspection of the facility The Stormwater Pollution Prevention Plan (SPPP) was reviewed and contained the information required by General Permit NCG020000. The Analytical Monitoring records were reviewed. No benchmark exceedances of turbidity have occured since the previous inspection. The Annual Summary Discharge Monitoring Report Forms have not been submitted to the Division of Water Resources Central Office and should be submitted annually by March 1st. Qualitative Monitoring was conducted in December, 2018 but not in the first period of 2018. It should be done at the same time as when Analytical Monitoring is conducted. A tour was conducted of the facility grounds, including observations of Outfalls A-F. The following corrective actions are needed for the outfalls.: Outfall A - Additional riprap is recommended for the riprap outlet protection.; Outfall F Basin - Sediment is eroding into the Basin and needs to be removed. All Outfalls were discharging with clear water. Repairs had been made to erosion control measures and additional stabilization was noted on previously bare slopes with groundcover. The silt fence next to the stream crossing needs to be completely trenched in. Additional stabilization is needed on a bare slope near the stream crossing A Notice of Violation was previously sent to this facility on June 29, 2017 and February 9, 2018 for not conducting Qualitative Monitoring. Page 2 of 3 Permit: NCG020775 owner - Facility: 401 Sand Company LLC Inspection Date: 03/1212019 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 outfatl locations and drainage areas? 0 ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? 0 ❑ ❑ ❑ # 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? E ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? 0 ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? E ❑ ❑ ❑ # Does the facility provide and document Employee Training? ® ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? E ❑ ❑ ❑ # 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 Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment: Qualitative Monitoring was conducted annually. not semi-annually in 201 B. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? E ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? E ❑ ❑ ❑ # Were all outfalls observed during the inspection? N ❑ ❑ ❑ # If the facility has representative outfatl status, is it property documented by the Division? ❑ ❑ N ❑ # Has the facility evaluated all illicit (non stormwater) discharges? IN ❑ ❑ ❑ Comment: Page 3 of 3 r A ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director CERTIFIED MAIL: 7015 0640 0007 8168 5451 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attn John A. Lindsay, Member/Manager P.O. Box 122 Raeford, NC 28376 NORTH CAROLINA, Environmental Quality April 8, 2019 Subject: NOTICE OF DEFICIENCY (NOD-2019-PC-0085) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage NCG020775 Hoke County Dear Mr. Lindsay: On March 12, 2019, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the A & H Mine facility located off of Doc Brown Road, Hoke County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Duncan Parker, Assistant Manager, was present during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020775, Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed tributary to Beaver Creek, a Class C waterbody in the Cape Fear River Basin. As a result of the site inspection, the following deficiency is noted: 1. Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection, Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Yourwritten response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Thank you for your attention to this matter. This office requires that the deficiency, as noted above and detailed in the enclosed inspection report, be properly resolved. Failure to address the deficiency could result in the issuance of a Notice of Violation, which is subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions or concerns, please contact Melissa Joyner or myself at (910) 433-3300. North Caroiina Department of Environmentai Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional OffRce 1 225 Green Street. Suite 7141 Fayetteville. North Carolina 28301 r+cf?n+curxwa 910.433.3300 1 Sincerely, 7 Timothy L, LaBounty, PE Regional Engineer DEMLR TLLImaj Enclosure: Compliance Inspection Report ec: Duncan Parker, Assistant Manager — 401 Sand Company, LLC (via email) William E. (Toby) Vinson, Jr., Section Chief -- DEMLR (via email) Annette Lucas, PE, Program Manager — DEMLR, Stormwater Permitting Program (via email) Alaina Morman, Environmental Specialist — DEMLR, Stormwater Permitting Program (via email) cc: FRO — DEMLR, Stormwater Files-NCG020000 Compliance Inspection Report Permit: NCG020775 Effective: 10/01/15 Expiration: 09/30/20 Owner: 401 Sand Company LLC SOC: Effective: Expiration: Facility: A & H Mine County: Hoke DOC Brown Rd Region: Fayetteville Raeford NC 28376 Contact Person: John A Lindsay Title: Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Secondary ORC(s): On -Site Rep rose ntative(s): Related Permits: Inspection Date: 0311212019 Entry Time: 01:05PM Primary Inspector: Melissa A Joyner Secondary Inspector(s): Phone: 910-875-2108 Certification: Phone: Exit Time: 03:20PM Phone: 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 of 3 A. "f permit: NGG020775 Owner-Facility:401 Sand Company LLC Inspection Date: 03/12/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: Melissa Joyner met with Duncan Parker, Assistant Manager on March 12, 2019 for an inspection of the facility. The Stormwater Pollution Prevention Plan (SPPP) was reviewed and contained the information required by General Permit NCG020000. The Analytical Monitoring records were reviewed. No benchmark exceedances of turbidity have occured since the previous inspection. The Annual Summary Discharge Monitoring Report Forms have not been submitted to the Division of Water Resources Central Office and should be submitted annually by March 1st. Qualitative Monitoring was conducted in December, 2018 but not in the first period of 2018. It should be done at the same time as when Analytical Monitoring is conducted. A tour was conducted of the facility grounds, including observations of Outfalls A-F. The following corrective actions are needed for the outfalls.: Outfall A - Additional nprap is recommended for the riprap outlet protection.; Outfall F Basin - Sediment is eroding into the Basin and needs to be removed All Outfalls were discharging with clear water. Repairs had been made to erosion control measures and additional stabilization was noted on previously bare slopes with groundcover_ The silt fence next to the stream crossing needs to be completely trenched in. Additional stabilization is needed on a bare slope near the stream crossing. A Notice of Violation was previously sent to this facility on June 29, 2017 and February 9, 2018 for not conducting Qualitative Monitoring. Page 2 of 3 Permit: NCG020775 Owner - Facility: 401 Sand Company LLC Inspection Date: 03/12/2019 Inspection Type : Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes Na 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? 0 ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? N ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? N ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ❑ 0 ❑ # Does the Plan include a 8MP summary? 0 ❑ ❑ ❑ # 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)? E ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? E ❑ Cl ❑ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ® ❑ ❑ Comment: Qualitative Monitoring was conducted annually. not semi-annually in 2018. Analytical Monito_rinq Yes No NA NE Has the facility conducted its Analytical monitoring? E ❑ Cl ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: 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? ❑ ❑ 0 ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment: Page 3 of 3 401 SAND COMPANY, LLC Hwy. 401 NORTH - Br -PASS P.O. Box 122 RAEFORD, NORTH CAROLINA 28376-0122 AEk 1 MAR 15 2018 //,'vo)�� BEQ-FAYETTEVILLE REGIONAL OFFICE ", a/ ad.4, 44E CEIVED MAR 15 2018 DEQ-FAYETTEVILLE REGIONAL OFFICE 263u3SSu95 C0424 If Ill II/If fill) lilt H1111110 hpip/ 401 SAND COMPANY, ttC Hwy. 401 North • By -Pass P. O. Box 122 Raeford, North Carolina 28376-0122 Subject: Notice of Violation (Nov-2018-PC-0035) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage, NCG02075 Hoke County Dear Mr. LaBounty: March 12, 2018 RECEIVED MAR 15 2018 /l ' oo•9M DEO-FAYETTEVILLE REGIONAL OFFICE This is a response to the site violations that were brought to our attention by Melissa Joyner after a site inspection on February 5, 2018. Listed below are the sited violations with a plan of action.. Stormwater Pollution Prevention Plan Stormwater pollution prevention plan (SPPP) has not been properly implemented. Plan of Action: Spill prevention and response procedures were not available. This was reviewed with Melissa Joyner on 2/8/18 and a statement has been added to the SPPP stating no spills have occurred in the past 3 years. Qualitative Monitoring Qualitative Monitoring has not been conducted and recorded in accordance with the permit requirements. Plan of Action: My (Duncan Parker) initial understanding of Qualitative Monitoring was to be performed once a year and submitted prior to March. Melissa Joyner reviewed with Duncan Parker the proper requirements in recording and reporting Qualitative Monitoring. It was not the intent of 401 Sand Company not to fulfill our duties in this requirement, but a misunderstanding. Qualitative Monitoring will be performed as required. Other observations from Site Inspection • ' Swale leading to Outfall E has bare slopes with erosion and need stabilization with additional erosion control measures. Plan of Action: Reshape Swale and add a series of Rip Rap sediment dams along the swale to reduce turbidity levels in Outfall E. Slopes will be seeded for stabilization. • Bare slopes with erosion near Outfall E which also need stabilization with gr6undcover. Plan of Action: Outfall F was recently reconstructed to add a floating weir system and plan to seed slopes to stabilize soil_ Silt fence has been installed to prevent sediment eroding into vegetated buffer at this outfall as recommended by Melissa Joyner. • At the stream crossing, the silt fence is in need of maintenance. Sediment is high near the silt fence with the potential to impact the stream. Plan of Action: High sediment near silt fence is the result of complying with MSHA Regulations requiring berms at stream crossing as a safety measure to prevent vehicles from going over the embankment. We are currently formulating a plan to rework this area to meet compliance with NCDENR and MSHA. New erosion measures will be put in place. • Adjacent to the haul road, near the stream crossing, erosion is noted on bare slopes with sediment impacting the vegetated stream buffer. Additional erosion control measures are needed in this location. Plan of Action: Silt fence with Rip Rap dam are to be installed to this location to prevent further impact, bare slopes are to be seeded for stabilization. Sincerely, Duncan Parker Assistant Manager 401 Sand Company, LLC A & H Mine Energy, Mineral and Land Resources ENVIRONMENTAL. QUALITY February 9, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 3050 0001 9398 6075 401 Sand Company, LLC Attn: John A. Lindsay, Member/Manager P. O. Box 122 Raeford, NC 28376 Subject: NOTICE OF VIOLATION (NOV-2018-PC-0035) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage NCG020775 Hoke County Dear Mr. Lindsay: ROY COOPER Governor --MICHAEL S. REGAN Sewetory WILLIAM E. (TOBY) VINSON, JR. Interim Director On February 5, 2018, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the A & H Mine facility located off of Doc Brown Road, Hoke County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Duncan Parker, Assistant Manager was also present during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020775. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as. an. unnamed tributary to Beaver Creek, a Class C stream in the Cape Fear River Basin. . As a result of the site inspection, the following permit condition violations are noted 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been properly implemented. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Reports for additional comments and observations made during the inspections. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301 910-433-3300 Thank you. for your attention to this matter. Should these issues not be satisfactorily addressed in a timely . manner a recommendation for enforcement may be forwarded to the Director of the Division of Energy, Mineral and Land Resources. Your response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be properly resolved. These violations and any. future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, Timothy LaBou PE L' Regional Engineer DEMLR TLLlmaj Enclosure: Compliance Inspection Report cc: Duncan Parker — Assistant Manager — 401 Sand Company, LLC (via email) William E. (Toby) Vinson, JR, - Interim Director - DEMLR (via email) Annette Lucas, State Stormwater Specialist - DEMLR (via email) Laura Alexander, Administrative Assistant -- DEMLR (via email) FRO — DEMLR, Stormwater Files-NCG020000 ■ Complete itet s 1, 2, and 3. Also complete A. Signature i item 4 if Reseicted•Delivery is desired. 0 Agent ■ Print your'n''' e and'address on the reverse X ((( ❑ Addressee so that we-oa6iet6rn the card to you. Received by anted N C. Date of Delivery ■ Attach this card'to the back of the mailpiece, ; ��.d s 1 or on the front if space permits. D.",is delivery address different f item 1? ❑ Yes 1. Article Addressed to: y 401 SAND COMPANY, LLC - YES, enter delivery address below: ❑ No ATTN: JOHN A. LINDSAY, MEMIIEF � ,AAGER PO BOX 122 RAEFO{R/D� NC 28376 , A f 1{# v E D RFIi 3. Se ' e Type 1 Certified Mail ❑ Ex Mail I 2018 ❑Registered RecetforMerchndisaeFEBO ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? {Extra Fee) ❑ Yes 1 2. Article Num er u REGIONAL -7012 4050 —�_" - 9398 6075 (Transferiromservice labe!) .0001 I PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540, Compliance Inspection Report Permit: NCG020775 Effective: 10/01/15 Expiration: 09/30/20 Owner: 401 Sand Company LLC SOC: Effective: Expiration: Facility: A & H Mine County: Hoke DOG Brown Rd Region: Fayetteville Raeford NC 28376 Contact Person: John A Lindsay Title: Phone: 910-875-2108 Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): On -site representative Duncan Parker 910-875-2108 Related Permits: Inspection Date: 02/05/2018 Entry Time: 09:40AM Exit Time: 12:OOPM Primary Inspector: Melissa A Joyner 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: NCG020775 Owner - Facility:401 Sand Company LLC Inspection Date: 02/0512018 Inspection Type : Compliance Evaluation Reason for Visit: Routine Inspection Summary: Melissa Joyner met with Mr. John Lindsay, Mine Operator and his Assistant Manager, Duncan Parker on February 5, 2018 for an inspection of the facility. Records in the Stormwater Pollution Prevention Plan (SPPP) were reviewed which included the weekly monitoring of the Best Management Practices, Good Housekeeping program and the annual training of employees. These components of the SPPP had not been recorded previously. Topography should be shown on the Site Map. The Spill Prevention and Response Procedures were not available for review. There should also be documentation in the SPPP of the record of spills or no spills during the past three years. The Analytical Monitoring records were reviewed. Analytical Monitoring had not been conducted in 2016 but was conducted in 2017. The lab results were reviewed with turbidity exceedances noted at Outfalls B and C, in May 2017 and a turbidity exceedance noted at Outfall E, in December 2017. Samples should be taken upstream and downstream of Outfall E for the next two sampling periods to determine the turbidity levels in these locations. If additional Turbidity benchmark value exceedances occur at the other outfalls, upstream and downstream sampling will also need to be conducted for these outfalls. Tier One responses for turbidity exceedances were not recorded in the SPPP. Qualitative Monitoring has not been conducted. It should be done concurrently with Analytical Monitoring. These actions are required by the NPDES Stormwater General Permit NCG020000. A tour was conducted of the facility grounds with the inspection of Outfalls A, B, C, E and F and the Best Management Practices utilized on the site, Outfall D was inaccessible due to recent weather events. All outfalls were discharging with varying amounts of turbidity which was also due to the recent weather. The swale leading to Outfall E has bare slopes with erosion and needs stabilization with additional erosion control measures. Groundcover had been recently planted and was observed upslope of this Basin. There are bare slopes with erosion near Outfall F which also need stabilization with groundcover. Sediment is eroding into a vegetated buffer near this Outfall necessitating the installation of additional erosion control measures. At the stream crossing, the silt fence is in need of maintenance. Sediment is high near the silt fence with the potential to impact the stream. Adjacent to the haul road, near the stream crossing, erosion is noted on a bare slope with sediment impacting the vegetated stream buffer. Additional erosion control measures are needed in this location. A Notice of Violation was previously sent to this facility on October 23, 2013 and June 29, 2017 for not having a Stormwater Pollution Prevention Plan and for not conducting Analytical and Qualitative Monitoring. U.S. Poste! Service,, a. CERTIFIED MAILT,,, RECEIPT (Domestic Mail Only; No Insurance Coverage provided) For delivery Information Wait our w,re�bsite at www.usps.com, INK certified Fee Return Receipt Fee Postmark 0 (Endorsement Required) Here Restricted Delivery Fee p (Endorsement Required) Lrl MTotal Postage 8 Fees ru L r-9 ----•- i�- -------------------------------------------------------------------- 4 Page: 2 permit: NCG020775 Owner - Facility: 401 Sand Company LLC Inspection Date: 02105/201a - 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? N ❑ ❑ ❑ # 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 outilall 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? ❑ ❑ 0 ❑ # 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? ® 11 ❑ ❑ # Does the Plan include a list of Responsible Party(s)? i ❑ ❑ ❑ # is the Plan reviewed and updated annually? ® ❑ ❑ ❑ #Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ Cl Has the Stormwater Pollution Prevention Plan been implemented? ❑ ®❑ [] .Comment: The Stormwater Pollution Prevention Plan was deficient and has not been fully implemented. Qualitative Monitoring _ Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ®❑ ❑ _-: Cornment; _-:--Qualitative Monitoring has no been conducted in accordance with the permit requirements. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 001111 # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ E ❑ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? M ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ■ ❑ ❑ # If the facility has representative outfall status, is it property documented by the Division? ❑ ❑ ® ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ® ❑ Comment: Ou tfall D was not to be inspected due to recent inclement weather conditions. Page: 3 L Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY February 9, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 3050 0001 9398 6075 401 Sand Company, LLC Attn: John A. Lindsay, Member/Manager P. O. Box 122 Raeford, NC 28376 Subject: NOTICE OF VIOLATION (NOV-201B-PC-0035) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage NCG020775 Hoke County Dear Mr. Lindsay: ROY COOPER _.. ..._....._. _ _.MICHAEL S. REGAN swwary WILLIAM E. (TOBY) VINSON, JR. Interfm Ebrrrtar On February 5, 2018, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the A & H Mine facility located off of Doc Brown Road, Hoke County, North Carolina. A copy of the Compliance Inspection Report is enclosed for your review. Duncan Parker, Assistant Manager was also present during the inspection and his time and assistance is greatly appreciated. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCGD20000 under Certificate of Coverage NCG020775. Permit coverpge-authorfzes the discharge of stormwater from -the -facility. to receiving_ waters designated as an unnamed tributary to Beaver Creek, a Class C stream in the Cape Fear River Basin. . As a result of the site inspection, the following permit condition violations are noted: 1) Stormwater Pollution Prevention Plan fSPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been properly implemented. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Reports for additional comments and observations made during the inspections. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. State of North Carolina I Environmental Quality I Energy, Mineral and Land Res t=3 Faye3tevilic Regional Office i 225 Gmen Street, Suite 714 1 Fayetteville, NC_ 28301 910-433-3300 Thank you for your attention to this matter. Should these issues not be satisfactorily addressed in a timely manner a'recommendation for enforcement maybe forwarded to the Director of the Division of Energy, Mineral and Land Resources. Your response to this correspondence.will be considered in this process. This ofice requires that the violations, as detailed above, be properly. resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, Timothy L. LaBou PE Regional Engineer DEMLR TLLlmaj Enclosure: Compliance Inspection Report cc: Duncan Parker — Assistant Manager — 401 Sand Company, LLC (via email) William E. (Toby) Vinson, JR. - Interim Director - DEMLR (via email) Annette Lucas, State Stormwater Specialist - DEMLR (via email) Laura Alexander, Administrative Assistant — DEMLR (via email) FRO — DEMLR, Stormwater Files-NCG020000. I Compliance Inspection Report . Permit: NCG020775 Effective: 10/01/15 Expiration: 09/30/20 Owner : 401 Sand Company LLC SOC: Effective: Expiration: Facility: A & H Mine County: Hake DOC Brown Rd ! Region. Fayetteville I Raeford NC 28376 Contact Person: John A Lindsay Title: Phone. 910-675-2108 Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: PrimaryORC: Certification: Phone: . Secondary ORC(s): On -Site Representative(s): On -site representafive Duncan Parker 910-875-2108 Related Permits: Inspection Date: 02/05/2019 Entry Time: 09:40AM Exit Time: 12:OOP'M Primary Inspector: Melissa A Joyner Phone: Secondary Inspector(s): Reason for Inspection. Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: Compliant Q Not Compliant Question Areas: Storm water (See attachment summary) . Page: 1 Pernyt: NCG020775 Dwner -Facility: 401 SandCompany LLC - Inspection Date: 02/05/2018 - inspection Type : Compliance Evaluatbn Reason for Visit: Routine Inspection Summary: Melissa Joyner met with Mr. John Lindsay, Mine Operator and his Assistant Manager, Duncan Parker on February 5, 2018 for an inspection of the facility. Records in the Stormwater.Pollution Prevention Plan (SPPP) were reviewed which included the weekly monitoring of the best Management Practices, Good Housekeeping program and the annual training of employees. These components of the SPPP had not been recorded previously. Topography should be shown on the Site Map, The Spill Prevention and Response Procedures were not available for review. There should also be documentation in the SPPP of the record of spills or no spills during the past three years. ' The Analytical Monitoring records were reviewed. Analytical Monitoring had not been conducted in 2016 but was conducted in 2017. The lab results were reviewed with turbidity exceedances noted at Outfalls B and C, in May 2017 and a turbidity exceedance noted at Outfall E, in December 2017. Samples should be taken upstream and downstream of Outfall E for the next two sampling periods to determine the turbidity levels in these locations. If additional Turbidity benchmark value exceedances occur at the other outfalls, upstream and downstream sampling will also need to be conducted for these outfalls. Tier One responses for turbidity exceedances were not recorded in the SPPP. Qualitative Monitoring has not been conducted. It should be dons concurrently with Analytical Monitoring. These actions are required by the NPDES Stormwater General Permit NCG020000. A tour was conducted of the facility grounds with the inspection of Outfalls A, B. C, E and F and the Best Management Practices utilized on the site- Outfall D was inaccessible due to recent weather events, All outfalls were discharging with varying amounts of turbidity which was also due to the recent weather. The swale leading to Outfall E has bare slopes with erosion and needs stabilization with additional erosion control measures. Groundcover had been recently planted and was observed upslope of this Basin. There are bare slopes with erosion near Outfall F which also need stabilization with groundcwver. Sediment is eroding into a vegetated buffer near this Outfall necessitating the installation of additional erosion control measures. At the stream crossing, the silt fence is in need of maintenance. Sediment is high near the silt fence with the potential to impact the stream. Adjacent to the haul road, near the stream crossing, erosion is noted on a bare slope with sediment impacting the vegetated stream buffer. Additional erosion control measures are needed in this location. A Notice of Violation was previously sent to this facility on October 23, 2013 and June 29, 2017 for not having a Stormwater Pollution Prevention Plan and for not conducting Analytical and Qualitative Monitoring. Page: 2 Permit: NCG020775 Owner - Facility:401 Sand Company LLC - Inspection Date: 0710512018 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? 0 ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? E ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? i ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ 0 ❑ ❑ # Has the fablity evaluated feasible alternatives to current practices? E ❑ ❑ ❑ # Does the facility provide al( necessary secondary containment? ❑ ❑ ❑ # Does the Plan include a BMP summary? ® ❑ ❑ El # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ ❑ ❑ ■ # hoes 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? 0 ❑ ❑ ❑ #Does the Plan include a Stormwater Facility Inspeclion Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ N ❑ ❑ Comment: The Stormwater Pollution Prevention Plan was deficient and has not been fully implemented. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ S ❑ ❑ - _QcnrnPnt;-_-'-'-QUalitRtiVe Monitoringhas no been conducted in accordance with the i�ermit= egLli�emeftts. Analytical Monitoring Yes Na NA NE Has the facility conducted its Analytical monitoring? ®❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment: Permit and Outfalls You Nd NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all Dutfalls observed during the inspection? ❑ ■ ❑ ❑ # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ i ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ® ❑ Comment: dutfall D was not able to be inspected due to recent inclement weather conditions. Page: 3 Ideft"AF74 A. Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting HC N� National Pollutant Discharge Elimination System - NCDENR - ^^�~°"~�"�`r~" PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY oats Received Year Month de I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage dc�op IFW b H. Permit status ariar to requested change. a. Permit issued to (company name): 416 b. Person legally responsible for permit: T�A> tx1175� _ First MI last Title RECEIVED. /0a. ,E36 k / Z Z. - - - - Permit Holder Mailing Address JUL 312017 RIQeXaRo iV<f_ -Z8 374 city state zip i)ENR-LAND QUALITY qta 87s- z 4cg STORMWATER PERMITTING Phone Fax c. Facility name (discharge): -6 A( 1n1A.l� d. Facility address: Lie p Address NC - city state zip e. Facility contact person: First / 1W / Last Phone M. Please provide the following for the requested change (revised permit). a- Request for change is a result of: ❑ Change in ownership of the facility Name change -of the facility or 6rviier bother please explain: b. Permit issued to (company name): [ 'J&A amop/�r,�LC.- c. Person legally responsible for permit: a �. First Ml bast . O IV Title P. e). Rex !z-z _ V Permit Holder Mailing Address city state zip Phone E-mail Address d. Facility name (discharge): . f-{ MI �d /-:%Ako�G��_ N�-�4197_ e. Facility address: ED Address ~ city State zip f. Facility contact person: First MI Last Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jars. 27, 2014 Xk �,�- Past dam-_-� NPDES PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2.of 2 Permit contact: First MI Last Title Mailing Address City state. Zip Phone T E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? Yes No (please explain) Vl Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED . F ITEMS ARE INCOMPLETE OR MISSING: ® This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for, an ownership change. .................................................................................................:.................... The certifications below must be completed and signed by froth the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit. holder prior to ownership change): 1, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION _ V I, _ attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Si gna Date .................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Div,ision of Energy, Mineral and Land Resources -Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 401 SAND COMPANY, LLC Hwy. 401 North • By -Pass P. O. Box 122 Raeford, North Carolina 28376-0122 July 27, 2017 Subject: Notice of Violation (Nov-207-PC-0419) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage, NCG02075 Hoke County Dear Mr. LaBounty: This is a response to the site violations that were brought to our attention by Melissa Joyner after a site inspection on May 31, 2017 and June 27, 2017 for the A & H Mine facility located off of Doc Brown Road, Hoke County, North Carolina. Prior to the employment of Duncan Parker, Starting May 15, 2017 water sampling of the outflows had not been performed for the year of 2016 by the designated person for that task. 401 Sand Company understands the serious nature of noncompliance to local, state and federal regulations and it was not 401 Sand Company's intent to be out of compliance with the guidelines set forth. The oversight of the SPPP implementation was the responsibility of the co-owner who relinquished ownership in 401 Sand Company as of January 2017. At that time there were no set checks and balances in place to ensure that the SPPP was being implemented by the designated person. Listed below are the corrective actions taken upon finding outflow sampling had not been performed for 2016. Sampling was performed by Duncan Parker on May 25, 2017 and reviewed sample results with Melissa Joyner on June 27, 2017. Stormwater Pollution Prevention Plan JUL 3 1 2017 Stormwater pollution prevention plan has not been properly implemented. Corrective Action: Duncan Parker has been assigned this responsibility and has reviewed the SPPP that 410 Sand Company has in place. On June 27, 2017, Duncan Parker reviewed the SPPP with Melissa Joyner and discussed proper implementation. Melissa Joyner was very helpful answering any and all questions in respect to proper implementation of the SPPP. Duncan Parker has been performing weekly monitoring at all outflows, recording conditions at each outflow in the SPPP, and performing Best Management Practices for proper implementation of the SPPP. Qualitative Monitoring Qualitative Monitoring has not been conducted and recorded in accordance with the permit requirements. Corrective Action: On June 27, 2017, Duncan Parker and Melissa Joyner reviewed the proper procedures required to fulfill 401 Sand Company's responsibility in submitting Qualitative Monitoring reports to the proper governing body and record keeping procedures. Duncan Parker will be performing this report and submitting it as required. 401 SAND COMPANY ttC Hwy. 401 North - By -Pass P. O_ Box 122 Raeford, North Carolina 28376-0122 Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Corrective Action: Duncan Parker reviewed and discussed proper compliance of Analytical Monitoring with Melissa Joyner on June 27, 2017 and has begun implementing this in the SPPP. Melissa Joyner's time and efforts in providing forms and proper recording of this is greatly appreciated. Other observations from Site Inspection • Duncan Parker will be implementing Best Management Practices and Good Housekeeping to be included in the SPPP. Training records will be recorded as required. • Repair work has begun on the outfalls that were cited in the inspection report and promoting vegetation growth in these areas to stabilize soil. • It is 401 Sand Company's full intent to comply with all requirements that are stated under NPDE Stormwater General Permit NCG020000. Sincerely, John A. Lindsay Owner 401 Sand Company, LLC A&HMine Energy, Mineral and Land Resources ENVIRONMENTAL DUALITY June 29, 2017 CERTIFIED MAIL: 7012 3050 0001 9398 5832 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attm John A. Lindsay, Member/Manager P. O. Box 122 Raeford, NC 28376 Subject: NOTICE_ OF VIOLATION (NOV-2017-PC-0419) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage NCG020775 Hoke County Dear Mr. Lindsay: ROY COOPER Governor MIC14AEL S. REGAN ' Secretary TRACY DAVIS Director Oh May 31, 2017 and June 27, 2017, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the A 8r H Mine facility located off of Doc Brown Road, Hoke County, North Carolina. A copy of the Compliance Inspection Reports are enclosed for your review. Duncan Parker, Assistant Manager was also present during the inspections and his time and assistance is greatly appreciated. The site visits and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020775. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed tributary to Beaver Creek, a Class C stream in the Cape Fear River Basin. As a result of the site inspection, the following permit condition violations are noted: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been properly implemented. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Reports for additional comments and observations made during the inspections. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301 910-433-3300 Thank yo.0 for your attention to this matter. Should these issues not be satisfactorily addressed in.a timely manner a recommendation for enforcement may be forwarded to the Director of the Division of Energy, Mineral and Land Resources. Your response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, Timothy L. LaBounty, PE Regional Engineer DEMLR TLLlmaj Enclosure: Compliance Inspection Reports Permit Name/Ownership Change Form cc: Duncan Parker - Assistant Manager - 401 Sand Company, LLC (via email) William E. Toby Vinson, Jr., PE, - Chief of Program Operations - DEMLR (via email) Janet Boyer, PE, State Mining Engineer (via email) Laura Alexander, Administrative Assistant - DEMLR, Stormwater Permitting Program (via email) FRO - DEMLR, Stormwater Files-NCG020000 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits.- T.- Article Addressed to: 401 SAND COMPANY, L'X ATTN: JoHN A. 1-,INDSAY. N1EMBERJ MANAGI 1\ P.O. BOX 1 w Rt11EFOi1 fJ, i N,- 2-63 7G 9590 9401 0055 5071 5551 44 _O,�AMirin.kL.�rr,wr-?mnsf .fmm,carvi�nlnhafl_ _ 7012 3050 0001 9398 5832 PS Form 3811, April 2015 PSN 7530.02-000-9053 A. ❑ Agent Z� ❑Addredressee (Printed NaI c. p, Is delivery address different Jrdm iterryf? U Yes If YES, enter delivery, address below: ❑ No ~,Ut 5 2017 4� 3. Service Type - ❑ Priority, Mail Express® ❑ Adult Signature ❑ RegisteredMail'_"` ❑ Adult Signature Restricted Delivery ❑ Registered_ Mail Restricted Certified Mail® ❑ Certified Mail Restricted Delivery Delivery Moturn Receipt for ❑ Collect on Delivery ❑_ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation- -]red Mail ❑ Signature`Gonfirmation gyred Mao Restricted Delivery Restricted,Delivery Domestic Return Receipt Permit: NCG020775 SOC: County: Hoke Region: Fayetteville Compliance Inspection Repolrt Effective: 10/01/15 Expiration: 09/30/20 Owner : 401 Sand Company Effective: Expiration: Facility: A & H Mine DOC Brown Rd Contact Person: Alex Lindsay Title: Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Secondary ORC(s): On -Site Representative(s): On -site representative Related Permits: Inspection Date: 05/3112017 Primary Inspector: Melissa A Joyner Secondary Inspector(s): Duncan Parker Raeford NC 28376 Phone: 910-875-2108 Phone: 910-875-2108 EntryTime: 01:20PM Exit Time: 03:50PM Phone: 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 NCG620775 Owner - Facility: 401 Sand Company Inspection Date: 0513112007. Inspection Type : Compliance Evaluation Reason for visit: Routine Inspection Summary: Melissa Joyner met Mr. John Lindsay, Mine Operator and his Assistant Manager, Mr. Duncan Parker at the A & H Mine, on May 31st, 2017 for an inspection of the facility. The Stormwater Pollution Prevention Plan (SPPP) was not available for review at the time of the inspection. There were records noted in regards to annual employee training, weekly monitoring of Best Management Practices (BMP) and Good Housekeeping. Qualitative Monitoring has not been conducted. Analytical Monitoring has not been conducted in 2016 but monitoring was conducted during the first half of 2017, A tour was conducted at the site on 5/31/2017 and outfalls A, B, C, D. E and F were inspected. There are no wastewater outfalls at this site. Outfall E needed riprap maintenance adjacent to the riser. There was guily erosion on the side slope of Basin F near the riser. There were no issues with the other outfalls. At the stream crossing, sediment was high near the top of the silt fence. Near the stream crossing was a berm in need of stabilization with permanent groundcover. Please submit the enclosed Permit Name/Ownership Change Form to the address specified on the form since the company name, 401 Sand Company has been changed to 401 Sand Company, LLC. A Notice of Violation was previously sent to this facility on October 23, 2013 for not having a Stormwater Pollution Prevention Plan and for not conducting Analytical and Qualitative Monitoring. tal siiv!CeTr+ 7d,11 FIED MAILTM RECEIPT Only; No Insurance Coverage.Frovided) Mal! Informatlon.vislt:our website at www:usps.com®' Iir r m tr ra 0 0 0 Ln f� Talal Postage & Fees m ni r=1 A_lS,a-S Y_{ Aft � �irffsl4 Street, /� �7 r,- or PO B& N.- lr•---------------------------------- 61i State, ZIP+4 Page: 2 Permit: NCG020775 Owner - Facility., 401 Sand Company Inspection Date: 05131/2017 Inspection Type : Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Goes 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: The Stormwater Pollution Prevention Plan was not available for review during the time of the inspection. Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ E ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑® ❑❑❑® Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment: Qualitative Monitoring has not been conducted in accordance with the permit requirements. Analytical Monitoring Yes No NA NE Has the facility conducted its Anaiytical monitoring? ❑ ®❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ® ❑ Comment: Analytical Monitoring was not conducted in accordance with the permit requirements. 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 property documented by the Division? ❑ ❑ ® ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ®❑ ❑ Comment: Page: 3 Compliance_ Inspection Repor# Permit: NCG020775 Effective: 10/01/15 Expiration: 09/30/20 Owner: 401 Sand Company SOC: Effective: Expiration: Facility: A 8. H Mine County: Hoke DOC Brown Rd Region: Fayetteville Raeford NC 28376 Contact Person: Alex Lindsay Title: Phone: 910-875-2108 Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): On -site representative Duncan Parker 910-875-2108 Related Permits: Inspection Date: 06/2712017 EntryTime: 03:00PM Exit Time: 03:35PM Primary Inspector: Melissa A Joyner 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: 0 Storm water (See attachment summary) Page: Permit: NCG020775 Owner - Facility: 401 Sand Company Inspection Date: •06/27/2017 . Inspection Type: Compliance Evaluation Reason for Visit: -Routine , Inspection Summary Melissa Joyner met Mr. Duncan Parker, Assistant Manager, at the A & H mine, on June 27th, 2017 to review the Stormwater Pollution Prevention Plan (SPPP) which was not available for review during the earlier inspection on May 31, 2017. The records noted during the May inspection in regards to the annual employee training, weekly monitoring of Best Management Practices (BMP) and Good Housekeeping were not included within the SPPP. The SPPP did not include the annually updated information required for NPDES Stormwater General Permit NCGO20000 as specified in Part 111, #8, a-e of this permit. The SPPP also did not include the responsible party for overseeing the SPPP as required in Part 111, #7 of this permit. It did not appear that the SPPP has been fully implemented. All records of documentation contained in the SPPP should be kept on -site for a period of 5 years as required by NPDES Stormwater General Permit NCG020000. Qualitative Monitoring has not been conducted. Analytical Monitoring was not conducted in 2016 but it was initiated during the first half of 2017. The lab results were reviewed during this inspection and turbidity exceedances were noted at outfalls B and C. If the next sampling event results in exceedances at these or other outfalls it is recommended that samples also be taken upstream and downstream of the location of these outfalls to determine the turbidity levels in these additional locations. The Division's Annual Summary Data Monitoring Report will need to be completed and submitted to the address specified on the report form by March 1 st on an annual basis. The outfalls were not reviewed during this inspection. A Notice of Violation was previously sent to this facility on October 23, 2013 for not having a Stormwater Pollution Prevention Plan and for not conducting Analytical and Qualitative Monitoring. Page: 2 Permit: NCG020775 Owner - Facility:401 Sand Company Inspection Date: 06/27/2017 - .• Inspection Type; Compliance Evafuation Stormwater Pollution Prevention Plan Does the site have a Stormwater Pollution Prevention Plan? Reason for Visit: - Routine Yes No NA NE ®❑❑❑ # Does the Plan include a General Location (USGS) map? E ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ® ❑ ❑ Cl # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ❑ # Does the Plan include a fist 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? 0 ❑ ❑ ❑ # 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)? Cl ®❑ ❑ # 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: The Stormwater Pollution Prevention Plan was deficient and has not been fully implemented. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ®❑ ❑ Comment: Qualitative Monitoring has not been conducted in accordance with the permit requirements. - Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ®❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ® ❑ Comment: Analytical Monitoring has not been conducted in accordance with thepermitrequirements. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? M 1111 ❑ # Were all outfalls observed during the inspection? ❑ E ❑ ❑ # If the facility has representative outfall status, is it property documented by the Division? ❑ ❑ ® ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ E ❑ ❑ Comment: Page: 3 �F. Division of Energy, Mineral & Land Resources FOR AGENCY USE ONLY Land Quality Section/Stormwater Permitting Year Date Received y Month Da - NC®ENR National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage i II. Permit status prior to requested change. a- Permit issued to (company name): b. Person legally responsible for permit: First MI Last Title Permit Holder Mailing Address City State Zip ( Phone Fax c. Facility name (discharge): d. Facility address: Address City State Zip e. Facility contact person: ( ) First I MI I Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: _ b. Permit issued to'(company name): c. Person legally responsible for permit: First Nil Last Title Permit Holder Mailing Address City State Zip Phone E-mail Address d. Facility name (discharge): e. Facility address - Address City State Zip f. Facility contact person: First MI Last Phone E-mail Address IV. Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ❑ Ye s ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for. an ownership change. ...................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION 1, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 ;z. Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY June 29, 2017 CERTIFIED MAIL: 7012 3050 0001 9398 5832 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attn: John A. Lindsay, Member/Manager P. O. Box 122 Raeford, NC 28376 Subject: NOTICE OF VIOLATION (NOV-2017-PC-0419) NPDES Stormwater General Permit NCG020000 401 Sand Company, LLC A & H Mine, Certificate of Coverage NCG020775 Hoke County Dear Mr. Lindsay: ROY COOPER Governor MICHAEL S. REGAN" Secretary TRACY DAVIS Director On May 31, 2017 and June 27, 2017, Melissa Joyner from the Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a site inspection for the A & H Mine facility located off of Doc Brown Road, Hoke County, North Carolina. A copy of the Compliance Inspection Reports are enclosed for your review. Duncan Parker, Assistant Manager was also present during the inspections and his time and assistance is greatly appreciated. The site visits and file review revealed that the subject facility is covered by NPDES Stormwater General Permit NCG020000 under Certificate of Coverage NCG020775. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as an unnamed tributary to Beaver Creek, a Class C stream in the Cape Fear River Basin. As a result of the site inspection, the following permit condition violations are noted: 1) Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been properly implemented. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Reports for additional comments and observations made during the inspections. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301 910-433-3300 Thank you for your attention to,this matter. Should these issues not be satisfactorily addressed in a timely manner a recommendation for enforcement may be forwarded to the Director of the Division of Energy, Mineral and Land Resources. Your response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per stay for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, r Timothy L. LaBounty, PE Regional Engineer DEMLR TLUmaj Enclosure: Compliance Inspection Reports Permit Name/Ownership Change Form CC" Duncan Parker — Assistant Manager — 401 Sand Company, LLC (via email) William E. Toby Vinson, Jr., PE, - Chief of Program Operations — DEMLR (via email) Janet Boyer, PE, State Mining Engineer (via email) Laura Alexander, Administrative Assistant — DEMLR, Stormwater Permitting Program (via email) FRO — DEMLR, Stormwater Files-NCG020000 Permit: NCG020775 SOC: County: Hoke Region: Fayetteville Compliance Inspection Report Effective: 10/01/15 Expiration: 09/30/20 Owner: 401 Sand Company Effective: Expiration: Facility: A 8 H Mine DOC Brown Rd Contact Person: Alex Lindsay Title: Directions to Facility: -200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Secondary ORC(s): On -Site Representative(s): On -site representative Related Permits: Inspection Date: 05/31/2017 Primary Inspector: Melissa A Joyner Secondary Inspector(s): Duncan Parker Raeford NC 28376 Phone: 910-875-2108 Phone: 910-875-2108 Entry Time: 01:20PM Exit Time: 03:50PM Phone: 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: NGG020775 Owner - Facility: 401 Sand Company Inspection Date:. 05131120.17... Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Melissa Joyner met Mr. John Lindsay, Mine Operator and his Assistant Manager, Mr. Duncan Parker at the A & H Mine, on May 31st, 2017 for an inspection of the facility. The Stormwater Pollution Prevention Plan (SPPP) was not available for review at the time of the inspection. There were records noted in regards to annual employee training, weekly monitoring of Best Management Practices (BMP) and Good Housekeeping. Qualitative Monitoring has not been conducted. Analytical Monitoring has not been conducted in 2016 but monitoring was conducted during the first half of 2017. A tour was conducted at the site on 5/31/2017 and outfalls A, B, C, D, E and F were inspected. There are no wastewater outfalls at this site. Outfall E needed riprap maintenance adjacent to the riser. There was gully erosion on the side slope of Basin F near the riser. There were no issues with the other outfalls. At the stream crossing, sediment was high near the top of the silt fence. Near the stream crossing was a berm in need of stabilization with permanent groundcover. Please submit the enclosed Permit Name/Ownership Change Form to the address specified on the form since the company name, 401 Sand Company has been changed to 401 Sand Company, LLC. A Notice of Violation was previously sent to this facility on October 23, 2013 for not having a Stormwater Pollution Prevention Plan and for not conducting Analytical and Qualitative Monitoring. Page: 2 Permit: NCG020775 owner - Facility:401 Sand Company Inspection Date: 05/3112017 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? ❑ ❑ E ❑ # Does the Plan include a BMP summary? ❑ ❑ ❑ E # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ❑ ❑ E # 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: The Stormwater Pollution Prevention Plan was not available for review during the time of the inspection. T Qualitative Monitoring — - Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ M ❑ ❑ Comment: Qualitative Monitoring has not been conducted in accordance with the permit requirements. Analytical Monitorinq Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ®❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ® ❑ Comment: Analytical Monitoring was not conducted in accordance with the permit re uirements. 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: Page: 3 ComMiance Inspection Report Permit: NCG020775 Effective: 10/01/15 Expiration: 09/30/20 Owner: 4D1 Sand Company SOC: Effective: Expiration: Facility: A & H Mine County: Hoke DOC Brown Rd Region: Fayetteville Raeford NC 28376 Contact Person: Alex Lindsay Title: Phone: 910-875-2108 Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): On -site representative Duncan Parker 910-875-2108 Related Permits: Inspection Date: 06/27/2017 Entry Time: 03:OOPM Exit Time: 03:35PM Primary Inspector: Melissa A Joyner 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: NCG020775 Inspection Date: -OW27=17 . Inspection Summary: Owner - Facility: 401 Sand Company Inspection Type : Compliance Evaluation Reason for Visit: Routine Melissa Joyner met Mr. Duncan Parker, Assistant Manager, at the A & H mine, on June 27th, 2017 to review the Stormwater Pollution Prevention Plan (SPPP) which was not available for review during the earlier inspection on May 31, 2017. The records noted during the May inspection in regards to the annual employee training, weekly monitoring of Best Management Practices (BMP) and Good Housekeeping were not included within the SPPP. The SPPP did not include the annually updated information required for NPDES Stormwater General Permit NCG020000 as specified in Part lll, #8, a-e of this permit. The SPPP also did not include the responsible party for overseeing the SPPP as required in Part III, #7 of this permit. It did not,appear that the SPPP has been fully implemented. All records of documentation contained in the SPPP should be kept on -site for a period of 5 years as required by NPDES Stormwater General Permit NCG020000. Qualitative Monitoring has not been conducted. Analytical Monitoring was not conducted in 2016 but it was initiated during the first half of 2017. The lab results were reviewed during this inspection and turbidity exceedances were noted at outfalls B and C. If the next sampling event results in exceedances at these or other outfalls it is recommended that samples also be taken upstream and downstream of the location of these outfalls to determine the turbidity levels in these additional locations. The Division's Annual Summary Data Monitoring Report will need to be completed and submitted to the address specified on the report form by March 1st on an annual basis. The outfalls were not reviewed during this inspection. A Notice of Violation was previously sent to this facility on October 23, 2013 for not having a Stormwater Pollution Prevention Plan and for not conducting Analytical and Qualitative Monitoring. Page: 2 Permit: NCG020775 Owner - Facility: 401 Sand Company Inspection Date: 06/27/2017 - .. Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes Na NA NE Does the site have a Stormwater Pollution Prevention Plan? ® ❑ ❑ ❑ # Does the Plan include a General Location (USES) map) ® ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ® ❑ ❑ ❑ # Does the Plan include a detailed site map including outfatl 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: The Stormwater Pollution Prevention Plan was deficient and has not been fully implemented. Qualitative- Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ®❑ ❑ Comment:- Qualitative Monitoring has not been conducted in accordance with the permit requirements. - Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ®❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ® ❑ Comment: Analytical Monitoring has not been conducted in accordance with the permit requirements Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? E ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ®❑ ❑ # if the facility has representative out€all status; is it properly documented by the Division? ❑ Cl ® ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ®❑ ❑ Comment: Page: 3 401 SAND COMPANY, LLC Hwy. 401 NORTH - BY-PASS P.O. Box 122 RAEFORD, NORTH CAROLINA 28376-0122 RECEIVED JUL 31 20V pEQ REGIONAL OFFICE 2630i—sossas 11111111 11111111111161111111111141111111 —_ �a _._.�., _. �. ��_ _�. ... _ :�. Permit: NCG020775 SOC: County: Hoke Region: Fayetteville Compliance Inspection Report Effective: 10/01/15 Expiration: 09/30/20 Owner: 401 Sand Company LLC Effective: Expiration: Facility: A & H Mine DOC Brown Rd Raeford NC 28376 Contact Person: John A Lindsay Title: Directions to Facility: --200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Secondary ORC(s): On -Site Representative(s): On -site representative Related Permits: Inspection Date: 02/08/2018 Primary Inspector: Melissa A Joyner Secondary Inspector(s): Duncan Parker EntryTime: 10:15AM Exit Time: 10:45AM Phone: 910-875-2108 Phone: 910-875-2108 Phone: -:Reason for Inspection: Follow-up Inspection Type: Technical Assistance Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 s } Permit: NCG020775 Owner-Facility:401 Sand Company LLC Inspection Date: 02I0812018 - - Inspection Type : Technical Assistance - - Reason for Visit: Fallow -up Inspection Summary: The previous inspection on 2/5/2018 had resulted in a Notice of Violation being sent to the facility for not conducting Qualitative Monitoring and not fully implementing the Stormwater Pollution Prevention Plan, On 2/812018, a follow-up site meeting was initiated with Duncan Parker, Assistant Manager, in reviewing the NPDES General Permit NCG020000 in regards to the required actions for the Tier One Response for Turbidity. The Analytical Monitoring results from the sampling in December 2017 and May 2017 were reverified. The site map was reviewed and guidance was provided for where upstream and downstream sampling should occur in relation to the location of Outfall E which had a benchmark exceedance of Turbidity (140 NTU)- Forms were provided to Mr. Parker, including the Tier 2 Discharge Monitoring Report and Annual Precipitation Monitoring form. The Spill Prevention and Response Procedures had been located by Mr. Parker and was reviewed during the meeting. Page: 2 Permit: NCG020775 Owner - Facility:401 Sand Company LLC Inspection Date: 02IGaf2018 --- Inspection Type : Technical Assistance Reason. for Visit: Follow-up Page: 3 NCDENR North Carolina Department of Environment and Natural Resources Tracy E. Davis, PE, CPM Division of Energy, Mineral, and Land Resources Pat McCrory, Governor Director Land Quality Section John E. Skyarla, III, Secretary February 10, 2014 401 Sand Company, LLC Attn: Mr. John A. Lindsay, Landowner P. O. Box 122 Raeford, NC 28376 Subject: COMPLIANCE EVALUATION INSPECTION A & H Mine, COC-NCGO20775 NPDES Stormwater General Permit - NCG020000 Hoke County Dear Mr. Lindsay On January 8, 2013, a follow —up inspection during which technical assistance was given, was conducted by staff of the Land Quality Section Fayetteville Regional Office for the A & H Mine facility located at Doc Brown Road, Hoke County, North Carolina. A Notice of Violation had been previously issued for this site on October 23, 2013 because of the violations of the permit conditions of not having a Stormwater Pollution Prevention Plan and not conducting and recording analytical and qualitative monitoring. As a result of the inspection, the facility was found to not be in compliance with all of the conditions of the NCG020000 permit. Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. if you or your staff has any questions, comments, or needs assistance with understanding any aspect of your permit, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, Brad Cole, PE Regional Engineer Land Quality Section BClmaj Enclosure: Compliance Inspection Report cc: FRO — Land Quality Section, Stormwater Files-NCG020775 Fayetteville'Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301 Phone: 910-433-33001FAX: 910-486-0707-Internet: http:Hportal.ncdenr.org/web/lr/land-quality An Equal Opportunity / Affirmative Action Employer l Permit: NCG020775 SOC: County: Hoke Region: Fayetteville Compliance Inspection Report Effective: 07/14/10 Expiration: 12/31/14 Effective: Expiration: Contact Person: Alex Lindsay Title: Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Certification: Owner: 401 Sand Company Facility: A & H Mine DOC Brown Rd Raeford NC 28376 Phone: 910-875-2108 Phone: Inspection Date: 01108/2014 Entry Time: 09:00 AM Exit Time: 10:00 AM Primary Inspector: Mellssa A Joyner Phone: Secondary Inspector(s): Mike Lawyer Phone: 910-433-3300 Ext.729 Reason for Inspection: Follow-up Inspection Type: Technical Assistance Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: D Compliant ® Not Compliant Question Areas: ® Storm Water (See attachment summary) Page: 1 Permit: NCG020775 Owner - Facility: 401 Sand Company Inspection Date: 01/08/2014 Inspection Type: Technical Assistance Reason for Visit: Follow-up Inspection Summary: The Stormwater Pollution Prevention Plan (SPPP) was evauated by Mike Lawyer and Melissa Joyner. The lab data forms for the quantitative data collected at the outfalls was reviewed and no bench mark exceedences were noted. The quantitative information will need to be recorded on the Quantitative Monitoring form and sent to the Raleigh Central Office_ Qualitative monitoring needs to be conducted and the Qualitative Monitoring form will need to be completed but not submitted to the Raleigh Central Office. In the SPPP, the Stormwater Facility Inspection Program should document that the Best Management Practices (BMP's) are being inspected every 7 days. A record of the precipitation data which is monitored during the collection of the quantitative data needs to be included in the SPPP. Documentation of the facility providing employee training, in regards to BMP maintenance also needs to be included in the SPPP. Monthly monitoring of the outfalls is not required at this site, but biannual monitoring is required. The Quantitative Monitoring Form should be submitted for the first half of the cycle 2014 by the end of June. Page: 2 Permit: NCG020775 Owner - Facility: 401 Sand Company Inspection Date: 01/08/2014 inspection Type: Technical Assistance Reason for Visit: Fallow -up Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ® Cl ❑ n # Does the Plan include a General Location (USGS) map? ®n # Does the Plan include a "Narrative Description of Practices"? ® fl Q El # Does the Plan include a detailed site map including outfall locations and drainage areas? ® n n n # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ n # Has the facility evaluated feasible alternatives to current practices? ❑ U # Does the facility provide all necessary secondary containment? fl ❑ ® D # Does the Plan include a BMP summary? ® ❑ ❑ 0 # Does the Plan include a Spiil Prevention and Response Plan (SPRP)? n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ 0 fl 0 # Does the facility provide and document Employee Training? 0 ® D D # Does the Plan include a list of Responsible Party(s)? M n 'n n # Is the Plan reviewed and updated annually? U D D im # Does the Plan include a Stormwater Facility Inspection Program? n M n n Has the Stormwater Pollution Prevention Plan been implemented? ❑ ❑ 0 Comment: Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Yes No NA NE Comment: The Qualitative Monitoring data is not included in the Stormwater Pollution Prevention Plan for the second half of cycle 2013. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ® D Cl n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ® Q Comment: The facility has conducted monitoring semi-annually (2nd half of cycle - 2013). 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? n ❑ it 21 # If the facility has representative outfall status, is it properly documented by the Divisions? ❑ ❑ ® n # Has the facility evaluated all illicit (non stormwater) discharges? ® n D Q Page: 3 Permit: NCG020775 Owner -Facility: 401 Sand Company Inspection Date: 01/08/2014 Inspection Type: Technical Assistance Reason for Visit: Follow-up Comment: Page: 4 NC Department of Environment and Natural Resources Division of Land Resources: Land Quality Section Telephone Log Date I l 20 Sheet —� of J .Time ( am Call Placed Received 0 0 pm Retumk 0 1. ProjeGt -� 1 �1�� County � 2. Conversation with �C>& 0. Telephone (qlq S �� 3. Affiliation (9 k7?,"_42h. "-'C' 4. Content of Conversation Gc: Filed By: t �� '14iy► November 4, 2013 Mr. Brad Cole, PE NCDENR, Land Quality Section Fayetteville Regional Office 225 Green St -Suite 714 Fayetteville, NC 28301-5095 Subject: Notice of Violation NOV-2013-PC-0324 A & H Mine, COC-NCGO20775 Hoke County Dear Mr. Cale; In am writing this letter in response to your letter the above -referenced Notice of Violation for the A&H Mine in Hoke County (October 23, 2013). It has always been the policy of 401 Sand Company to be in complete compliance with all environmental regulations, and the specified violations were simply due to a misunderstanding of the permit requirements. We assure you that actions are being taken immediately to correct the deficiencies noted in the Notice, and to prevent the violations from recurring. We are preparing a complete Stormwater Pollution Prevention Plan in accordance with the requirements in the NPDES General Stormwater Permit for Mining (NCG020). This plan will be kept onsite in a notebook, and will be available for inspection. We expect to have this Plan completed by November 8, 2013. In addition, we understand that it is necessary to monitor stormwater discharges on a semi-annual basis, including both qualitative and analytical monitoring. As per our conversation with Mr. Mike Lawyer, we will do the required monitoring of stormwater discharges sometime before December 31, 2013 (assuming that there is a stormwater discharge during this period). The results of this and any future monitoring will be kept in the SWPPP notebook onsite, and the annual reports will be filed as required. We trust that this action on our part will address your concerns and show our willingness to comply with the NPDES permit requirements. We therefore request that the Notice of Violation be rescinded, and the site be considered in compliance. Please contact me if you have any questions, or need any additional information. Sincerely, � r J. A. Lindsay 410 Sand Company 1 NOV 6 2013 ' 401 SAND COM PA N LLC HwY. 401 NORTH -BY-PASS�'-`.' P.O. Box A 22 RAEFORD, NORTH CAROLINA 28376-0122 C�1.--tsfa I C-ari:.Ara os riciv, 20 13 Pf--'4 I NOV 6 2013 1 q114 4441,1,�ilii; Or ITOGM(i "Mm""Irreedom FOREVER ��A NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Tracy E. Davis, PE, CPM Land Quality Section Pat McCrory, Governor Director John E. Skvarla, III, Secretary October 23, 2013 CERTIFIED MAIL: 7010 3090 0001 3216 0030 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attn: Mr. John A. Lindsay, Landowner P. O. Box 122 Raeford, NC 28376 Subject: NOTICE OF VIOLATION NOV-2013-PC-0324 A & H Mine, COC-NCGO20775 NPDES Stormwater General Permit-NCG020000 Hoke County Dear Mr. Lindsay On October 17, Melissa Joyner and Mike Lawyer from the Fayetteville Regional Office of the Division of Energy, Mineral & Land Resources, conducted a site inspection for the A & H Mine facility located at Doc Brown Road, Hoke County, North Carolina. A copy of the inspection report is enclosed for your review. Ronnie Briton, co-owner of the A & H Mine was also present during the inspection and their time and assistance is greatly appreciated. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as a UT to Beaver Creek, a Class C stream in the Cape Fear River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit- NCG020000, Certificate of Coverage- NCG020775. As a result of the site inspection, the following permit conditions violations are noted: 1 j Stormwater Pollution Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been developed. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3} Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5095 Phone: 910-433-33001 FAX: 910-486-07071 Internet: http://portal.ncdenr.org/webAr/land-quality An Equal Opportunity 1 Affirmative Action Employer Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, Brad Cole, PE Regional Engineer Land Quality Section BClmaj Enclosure: Compliance Inspection Report cc: Bradley Bennett, Stormwater Program Supervisor Janet Boyer, PE, State Mining Engineer FRO — Land Quality Section, Stormwater Files-NCG020775 North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT X PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: A & H Mine 2. MINE LOCATION: Doc Brown Road 3. COUNTY: Hoke 4. RIVER BASIN: Cape Fear 5. CASE: 6. OPERATOR: 401 Sand Company/ Attn: John A. Lindsay 7. ADDRESS: P.O. Box 1.22, Raeford, NC 28376 _ 8. MINING PERMIT #: 47-16 ❑ NIA 9. PERMIT EXPIRATION DATE: 5/13/2023 ❑ NIA 10. PERSON(S) CONTACTED AT SITE: John Lindsay and Ronnie Briton 11. PICTURES? ❑ Yes X No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: X B. Routine Inspection (Permitted Mine Sites) L1 C. Follow-up Inspection 13. Date of last inspection: 10/9/2013 14. Any mining since that date? X Yes ❑ No if yes, cite evidence of such mining activity: Additional excavation is noted. 15. Was mine operating at time of inspection? X Yes ❑ No If yes, explain: Machinery was in operation. 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes X No ❑ NIA If no, explain: OC-4A-The riprap at the base of the riser of Sediment Basin B needs maintenance. Sediment Basin D has sheet erosion noted on bare slopes. There is also excess sediment in this Basin. There is sediment noted inside the risers of Sediment Basins D and E in need of removal. The outlet culvert of Sediment Basin E is being undermined and is in need of maintenance. There is a berm associated with Sediment Basin E which needs stabilization with permanent groundcover to prevent erosion.; OC-413-A 100 foot long gravel or crushed stone construction entrance is not installed. 17. Is the mine in compliance with the Reclamation Conditions of the Permit? X Yes ❑ No ❑ NIA If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. X None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ❑ Yes X No Explain: 19. Corrective measures needed and/or taken: !.There are bare slopes with erosion and a berm upslope of'the outlet of_Sediment _Basin E which need stabilization with permanent_groundcover to prevent possible impacts to the on -site natural watercourse. Protective measures (i.e. silt fence) should be installed until the groundcover becomes established. The outlet pipe of Sediment Basin E is being undermined by erosion.; 2. The riprap at the base of the riser of Sediment Basin B needs maintenance. Sediment is noted inside the risers of Sediment Basins D and E. Eroding slopes near the riser of Sediment Basin D should be stabilized and the water diverted. Sediment should also be removed from this Basin.-, 3. The 100'crushed stone or gravel haul road entrance should be installed.;4. The mine permit boundaries for the Future Mining Area on the northwest side of the mine will need to be permanently marked in 100' intervals unless the line of site allows for larger spacing intervals.; 5. Submit an updated map with the Annual Reclamation Form which will be submitted next ,year.; 6. There is additional riprap added to the base of the Sediment C, D and E's risers. The erosion is no longer noted at the base of the riser of Sediment BasinD. There is additional riprap in the energy dissipator of Sediment Basin E. T 20. Other recommendations and comments: The Future Mining_ Area on the northwest side of the mine is now cleared in preparation for mining. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes X No (Explain) ❑ Not Reviewed ❑ NIA The "Undisturbed Buffer"/"Future Mining_ Area" is now cleared and a 50' undisturbed buffer needs to shown_ on the map for this activated area. 22. Follow-up inspection needed? X Yes ❑ No Proposed date 1 1 /20/2013 23. No. of additional pages of Inspection Report 1 24. Copy of Report sent to operator 10/17/2013 INSPECTED BY: Melissa Joyner and Mike Lawyer DATE 10/17/2013 Telephone No: 910-433-3300 T Copy to file Copy to operator Copy to Mining Specialist NC®ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Tracy E. Davis, PE, GPM Land Quality Section Pat McCrory, Governor Director John E. Skvarla, III, Secretary October 23, 2013 CERTIFIED MAIL: 7010 3090 0001 3216 0030 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attn: Mr. John A. Lindsay, Landowner P. O. Box 122 Raeford, NC 28376 Subject: NOTICE OF VIOLATION NOV-2013-PC-0324 A & H Mine, COC-NCGO20776 NPDES Stormwater General Permit-NCG020000 Hoke County Dear Mr. Lindsay: On October 17, Melissa Joyner and Mike Lawyer from the Fayetteville Regional Office of the Division of Energy, Mineral & Land Resources, conducted a site inspection for the A & H Mine facility located at Doc Brown Road, Hoke County, North Carolina. A copy of the inspection report is enclosed.for your review. Ronnie Briton, co-owner of the A & H Mine was also present during the inspection and their time and assistance is greatly appreciated. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as a UT to Beaver Creek, a Class C stream in the Cape Fear River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Perm it-NCG020000, Certificate of Coverage- NCG020775. As a result of the site inspection, the following permit conditions violations are rioted: 1) Stormwater Pollution_ Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been developed. 2) Qualitative Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements. 3) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5095 Phone: 910-433-33001 FAX: 910-486-07071 Internet: http:l/portal.nodenr.org/webllrAand-quality An Equal Opportunity I Affirmative Action Employer as led be r attention to this matter. This office requirenshar tsteibyect to a civ 1 penalty assessment of Thank you for you future violations you have any questions regarding these matters, please properly resolved. These violations and any UP to $25,000 per day for each violation. h 3i0d y contact Melissa Joyner or myself at (91 d) Sincerely, Brad Cole, PE Regional Engineer Land Quality Section BClmal Enclosure: Compliance Inspection Report cc: Bradley Bennett, Storrnwater Program Supervisor Janet Boyer, PE, State Mining Engineer FRO — Land Quality Section, Stormwater Files-NCG020775 i ■ Complete Items 1, 2,4d 3. Also complete I item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. i ■ Attach this card to the back of the mailpiece, l or on the front if space permits. 1 1. Article Addressed to: 4 I'll.-,.- "-AND COMPAIN" , 1 f'. I J. •3Q,ti A. L.Ij``YC»Av. l.f',10'V,t I P.t1 f3C?k. 1"�'2 RAF FORE', NC 283 h I l I A. si Phi S.. f,. X VCt ent � drassee eceived by {Printed Name}f D. '!s delivery adOress di#ter"erd ftm Itim 17 ❑ Yes t t, j :. t t< '-- — If YES, enter Eteri_very address below: o p �7 29 2013 CR' 4 1 3. service Type�f i Cert� edMall,,, ❑ sxa=Mali l `r-ICE i ❑ ReglsIIe ; Ja Return Receipt for Diterchand'rse © Insured Mail ❑ C.O.D. 4. Restricted Delivery? (F ctra Fee) ❑ Yes l z. Atilcle Number 1 7010 3090 0001 3 216 0030 f (Transfer from service fabe!) f PS Fohrj 381 1,1=ebn.lary 2004 ! Domestic Retum Receipt 1o2sss�2lut iSaa Permit: NCG020775 Owner - Facility: 401 Sand Company Inspection Date: 10/17/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: M. Joyner and M. Lawyer met on -site with the A & H Mine operators, John Lindsay and Ronnie Briton. M. Joyner and M. Lawyer reviewed the Analytical Monitoring Form dated September 2010. The Settleable Solids Value was a little high for Sediment Basin C. The Stormwater Pollution Prevention Plan (SPPP), all Qualitative Monitoring Forms and all other Analytical Monitoring Forms were not available for review because the operators did not have a copy of the SPPP and had not been doing monitoring since September 2010. Their General Permit was initiated on 7/14/2010. M. Lawyer informed them that they needed to do sampling and fill out their Analytical and Qualitative Monitoring Forms by the end of December 2013. He also said they would be issued a Notice of Violation for not following their General Permit by not having the SPPP and not doing monitoring for the last 2.5 years. They were informed that the NOV necessitated that they may need to do monthly monitoring instead of biannual monitoring, but that this will be determined by Land Quality Regional Supervisor, Brad Cole. The mine operators were informed about requesting for Representative Outfall status after monitoring had occurred for awhile. They were given a copy of the Analytical Monitoring Form and the General Permit No. NCG020000 (Mine Discharge Stormwater Permit). They will be sent a copy of the Quantitative Monitoring and Annual Report Form. The outfalls for Sediment Basins A-E were inspected. Sediment Basin F is not installed yet. Maintenance issues were noted with sediment observed inside the risers of Sediment Basins D and E. The water flowing from the discharge points of Sediment Basins A-E was clear in color. U.S. Postal Service Tr,, CERTIFIED MAIL,, RECEIPT {Domestic Mail Only; No Insurance Coverage Provided) r_9 '� !-1 ru m rl age $ rq Certified Fee C3 O Retum Receipt Fee Postmark p (Endorsement Required) Here Restricted Delivery Fee Er {Endorsement Required) M Total Postage & Fees $ E0�, 2 J z� © nt o /0 ✓ O/N / G . orreei, or PO Box No. - City, Sta e, Zfi�+4 "j ------------------•'-'---- :rr rr. Page: 2 . ' ! Compliance Inspection Report Permit: NCG020775 Effective: 07/14/10 Expiration: 12/31/14 Owner: 401 Sand Company SOC: Effective: Expiration: Facility: A & H Mine County: Hoke DOC Brown Rd Region: Fayetteville Raeford NC 28376 Contact Person: Alex Lindsay Title: Phone: 910-875-2108 Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 10117/2013 Entry Time:. 09:00 AM Exit Time: 10:50 AM Primary Inspector: Melissa A Joyner Phone: Secondary Inspector(s): Mike Lawyer Phone: 910-433-3300 Ext.729 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: 0 Compliant ® Not Compliant Question Areas: ® Storm water (See attachment summary) Page: 1 Permit: NCG020775 Owner -Facility: 401 Sand Company Inspection Date: 10117/2013 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? n ® 00 # Does the Plan include a General Location (USGS) map? n n n # Does the Plan include a "Narrative Description of Practices"? n n n # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ 0 # Does the Plan include a list of significant spills occurring during the past 3 years? n n n # Has the facility evaluated feasible altematives to current practices? ❑ Q Q m # Does the facility provide all necessary secondary containment? ❑ 0 # Does the.Plan include a BMP summary? ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ 0 ❑ # Does the facility provide and document Employee Training? n n n # Does the Plan include a list of Responsible Party(s)? ❑ fl fl # Is the Plan reviewed and updated annually? n Cl Cl # Does the Plan include a Stormwater Facility Inspection Program? n El n Has the Stormwater Pollution Prevention Plan been implemented? n n n Comment: The facility does not have a stormwater plan. Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment: The facility has not conducted monitoring semi-annually. Analytical Monitoring Has the facility conducted its Analytical monitoring? # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment: The facility has not conducted monitoring semi-annually. Permit and Outfalls # 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: Yes No NA NE Yes No NA NE n®pn nn®n Yes No NA NE n®❑n ®nnn 0 n ® r i ❑00M Page: 3 Ltj T �7- ---------- --- ------------- &-e6 rIv-c- Joyner, Melissa From: Patrick Sr<psmith@sandec.co Sent: Thurs y, February 06, 2014 1:06 PM To: Col , Brad Cc: J yner; Melissa; Price, Ronald (Ronald.Price@ NICO.com); John L. Eddy Subject: E: Price Pond Dam (HOKE-030) - Notice of De 'ciency Great. Thanks Bf ad. Mucha ciated. PATRICK K. S Design Departm Soil & Environm WE'VE MOVED 7 8412 Falls of N Raleigh, NC 27 Office (919) 84 Direct (919) 25 Mobile (919) 3 Visit us at sand IIT , PE, LEE AP anager tal Consultants, PA Road, Suite 104 This electronic commun ation, including all atta ents, is intended only for the named addressee (s) and may contain c nfidential information. This electronic communication may n ave passed through our st dard review/quality control process. Design data and recommenda ions included herein are provided as a matter of convenience and sho of be used for final design. R only on final, hardcopy materials bearing the consultant's origi al signature and seal. If you are not the named addressee {sj, any us , di emination, distribution or copyi of this communication is prohibited. If you have received is electronic Communication in error, please notify the sender by retu a-mai and delete the original communica from your system. Thank you. Please co sider a environment before printing s email. From: Cole, rad [mailt •brad.cole@ncdenr.gov] Sent: Thurs ay, February 6, 2014 1:05 PM To: Patrick S ith Cc: Joyner,Melissa; Price, Ro Id (Ronald.Price@ANICO.com); hn L. Subject: RE: rice Pond Dam ( KE-030) - Notice of Deficiency That assumptioN is correct Patrick. have just completed our nnu inspection and this is essentially the same letter sent since the la inspection. We area e of your latest sub itta to the Central Office and the Fayetteville office have responded b ck to the Central Office wl mment. Brad Cole, PE Fayetteville Regionallkineer Land Quality Section 225 Green Street Suite 714 Fayetteville, NC 28301 910-433-3300 910-486-0707 (fax) 1 _,qApzp)wl G�- 5' d gh Al qh,�jc e,X. �a6 Nll Olv ) htja7& Tr -.-)" -clPf v A ANY spa t_1 mi71.� S47 VM plo North Carolina Department of Environment and Natural Resources Land Quality Section: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094 (910) 433-3300 County: Hoke Project: Lot 16 McLauchlin Lake Subdivision (317 Shoreline Dr) River basin: Cape Fear Person financially responsible: Lumbee Quality Builders, Inc. - Spencer Locklear, Project #: HOKE-2013-058 Manager Address: 3093 Mt. Tabor Road, Red Springs, NC 28377 1. Project Location: Shoreline Drive, McLauchlin Pictures: No - 2. Weather and soil conditions: sunny, workable Initial inspection: 3. Is site currently under notice of Violation? No 4. Is the site in compliance with S:P.C.A. and rules? Yes If no, check violations below: 5. Violations: 6. Potential NPDES Permit Violation? No Describe: 7. Has sedimentation damage occurred since last inspection? No If Yes, where? (check all that apply) [4 a Degree of damage: 8. Contact made with (name): Michelle Weel Title: Inspection report: Sent Report / Date given/sent: July 29, 2013 9. Corrective action needed: No 10. Comments: The homeowner requested an earlier reinspection and notified the inspector of a complaint about an upsl �pe neighbor. / 1. Continue to establish and maintain permanent groundcover on slope. Sediment is not impacting the[off-site natural watercourse from this slope. 2. It was noted that the upslope neighbor has erosion on their property with the potential to cause impact io the homeowner of Lot 16. An inspection report is being sent to the upslope neighbor. Reported by: Melissa Joyner Others.present: Date of inspection: July 24, 2013 Time arriving on site: 10:50 AM Time leaving site: 11:05 AM cc: NC®ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Tracy E. Davis, PE, CPM band Quality Section Pat McCrory, Governor Director John E. Skvada, III, Secretary October 23, 2013 CERTIFIED MAIL: 7010 3090 0001 3216 0030 RETURN RECEIPT REQUESTED 401 Sand Company, LLC Attn: Mr. John A. Lindsay, Landowner P. 0. Box 122 Raeford, NC 28376 Subject: NOTICE OF VIOLATION NOV-2013-PC-0324 A & H Mine, COC-NCGO20775 NPDES Stormwater General Permit-NCG020000 Hoke County Dear Mr. Lindsay: On October 17, Melissa Joyner and Mike Lawyer from the Fayetteville Regional Office of the Division of Energy, Mineral & Land Resources, conducted a site inspection for the A & H Mine facility located at Doc Brown Road, Hoke County, North Carolina. A copy of the inspection report is enclosed.for your review. Ronnie Briton, co-owner of the A & H Mine was also present during the inspection and their time and assistance is greatly appreciated. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters designated as a UT to Beaver Creek, a Class C stream in the Cape Fear River Basin. The site visit and file review revealed that the subject facility is covered by NPDES Stormwater General Permit-NCG020000, Certificate of Coverage- NCG020775. As a result of the site inspection, the following permit conditions violations are rioted: 1) Stormwater Pollution_ Prevention Plan (SPPP) A Stormwater Pollution Prevention Plan (SPPP) has not been developed. 2) Qualitative -Monitoring Qualitative monitoring has not been conducted and recorded in accordance with permit requirements 3) Analytical Monitoring Analytical monitoring has not been conducted and recorded in accordance with permit requirements. Other Observations: Please refer to the enclosed Compliance Inspection Report for additional comments and observations made during the inspection. Requested Response: You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice. Your written response should include a reasonable explanation as to why the aforementioned violations have occurred as well as a Plan of Action to prevent these violations from recurring. Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5095 Phone: 910-433-33001 FAX: 910-486-07071 Internet: http://portal.ncdenr,org/web4rAand-quality An Equal Opportunity 1 Affirmative Action Employer Thank you for your attention to this matter. This office requires that the violations, as detailed above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $26,000 per day for each violation. Should you have any questions regarding these matters, please contact Melissa Joyner or myself at (910) 433-3300. Sincerely, Brad Cole, PE Regional Engineer Land Quality Section BClmaj Enclosure: Compliance Inspection Report cc: Bradley Bennett, Stormwater Program Supervisor Janet Boyer, PE, State Mining Engineer FRO — Land Quality Section, Stormwater Files-NCG020775 Compliance Inspection Report Permit: NCG020775 Effective: 07/14/10 Expiration: 12/31/14 Owner: 401 Sand Company SOC: Effective: Expiration: Facility: A & H Mine County: Hoke DOC Brown Rd Region: Fayetteville Raeford NC 28376 Contact Person: Alex Lindsay Title: Phone: 910-875-2108 Directions to Facility: —200 ft east of Handon-Leak Rd. (east of municipal airport) System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 10/17/2013 Entry Time:. 09:00 AM Exit Time: 10:50 AM Primary Inspector: Melissa A Joyner Phone: Secondary Inspector(s): Mike Lawyer Phone: 910-433-3300 Ext.729 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: NCG020775 Owner - facility: 401 Sand Company Inspection Date: 10/1712013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: M. Joyner and M. Lawyer met on -site with the A & H Mine operators, John Lindsay and Ronnie Bdton. M. Joyner and M. Lawyer reviewed the Analytical Monitoring Form dated September 2010. The Settleable Solids Value was a little high for Sediment Basin C. The Stormwater Pollution Prevention Plan (SPPP), all Qualitative Monitoring Forms and all other Analytical Monitoring Forms were not available for review because the operators did not have a copy of the SPPP and had not been doing monitoring since September 2010, Their General Permit was initiated on 7/14/2010. M. Lawyer informed them that they needed to do sampling and fill out their Analytical and Qualitative Monitoring Forms by the end of December 2013. He also said they would be issued a Notice of Violation for not following their General Permit by not having the SPPP and not doing monitoring for the. last 2.5 years. They were informed that the NOV necessitated that they may need to do monthly monitoring instead of biannual monitoring, but that this will be determined by Land Quality Regional Supervisor, Brad Cole. The mine operators were informed about requesting for Representative Outfall status after monitoring had occurred for awhile. They were given a copy of the Analytical Monitoring Form and the General Permit No. NCG020000 (Mine Discharge Stormwater Permit). They will be sent a copy of the Quantitative Monitoring and Annual Report Form. The outfalls for Sediment Basins A-E were inspected. Sediment Basin F is not installed yet. Maintenance issues were noted with sediment observed inside the risers of Sediment Basins D and E. The water flowing from the discharge points of Sediment Basins A-E was clear in color. Page: 2 i Permit: NCG020775 Owner - Facility: 401 Sand Company Inspection Date: 1011712013 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? ❑ ® n ❑ # Does the Plan include a General Location (USGS) map? !3 ❑ Q E # Does the Plan include a "Narrative Description of Practices"? n n n # Does the Plan include a detailed site map including outfall locations and drainage areas? n n n ■ # Does the Plan include a list of significant spills occurring during the past 3 years? n n n # Has the facility evaluated feasible alternatives to current practices? n n n ® . # Does the facility provide all necessary secondary containment? n n n # Does the Plan include a BMP summary? Q Q # Does the Plan include a Spill Prevention and Response Plan (SPRP)? n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n n n # Does the facility provide and document Employee Training? n n n # Does the Plan include a list of Responsible Party(s)? 0 ❑ 0 # Is the Plan reviewed and updated annually? ❑ 0 Q # Does the Plan include a Stormwater Facility Inspection Program? n n n Has the Stormwater Pollution Prevention Plan been implemented? n n n Comment: The facility does not have a stormwater plan. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ® n n Comment: The facility has not conducted monitoring semi-annually. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ® n n # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Cl 0 ® Cl Comment: The facility has not conducted monitoring semi-annually. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? rl m 0 fl # Were all outfails observed during the inspection? ® n n n # If the facility has representative outfall status, is it properly documented by the Division? fl I✓l # Has the facility evaluated all illicit (non stormwater) discharges? n n n Comment: Page: 3 Ae �Mj® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. John A. Lindsay 401 Sand Company, LLC PO Box 122 Raeford, NC 28376 Dear Mr. Lindsay: Coleen H. Sullins Director July 14, 2010 DENR—FRO JUL 15 2010 DWQ Subject: General Permit No. NCG020000 A&HMine COC NCG020775 Hoke County Dee Freeman Secretary In accordance with your application for a discharge permit received on June 30, 2010, 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 October 15, 2007 (or as subsequ-I fly 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. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Robert Patterson at telephone number (919) 807-6375, or robert.patterson@ncdear.gov. Sincerely, ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins cc: Fayetteville Regional Office - Mike Lawyer Central Files Stormwater Pennitting Unit Files Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 - Not-t I Carolina Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 />�/a �'�"]� Internet: mvw.ncwaterquafity.org YYY :/ An Equal Opportunity i. Affirmatbre Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020775 STOIZMWATER 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, 401 Sand Company, LLC is hereby authorized to discharge stormwater from a facility located at A & H Mine Doc Brown Road (-200' east of Handon-Leak Rd.) Raeford Hoke County to receiving waters designated as a UT to Beaver Creek, a class C water in the Cape Fear River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV,'V, and V1 of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective July 14, 2010, This Certificate of Coverage sliall remain in effect for the duration of the General Permit. Signed this 141h day of July, 2010. ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission N00020775 Map Scale 1:30, 000 401 Sand Company A & H Mine Latitude: 351 02' 07" N Longitude: 790 10' 17" W County: Hoke Receiving Stream: Stream Class: C UT to Beaver Creek Sub -basin: 03-06-15 (Cape Fear River Basin) Facility Location .- Lawyer, Mike �w From: Lawyer, Mike Sent: Wednesday, July 14, 2010 10:23 AM To: Patterson, Robert Subject: RE: NCG020775 - A & H Mine, Hoke Co. Robert, Conducted site visit yesterday where I met with Mr. Lindsay, one of the co -owners and who signed the NOI. There are previously mined areas that have been reclaimed and there are four existing stormwater basins (A,B,C & D as noted on the mine map) with potential for discharges. The company has added acreage to the east/northeast and is presently working with DLR on modifying their existing mining permit, which triggered our permit requirement. The company is planning to add two more stormwater basins (E & F). The mine map shows two stream features, one along the western and southern boundary identified as Long Branch (UT to Beaver Creek?) and the other originating in the eastern portion of the newly added acreage. I believe this feature is actually a wetland drain as opposed to a stream and I spoke with Mr. Lindsay about getting the area delineated by the Corps as well as concerns with removing the hydrology once excavation begins. Based on the mine map, they plan to maintain a buffer around the stream and wetland features. Mr. Lindsay confirmed that they do not plan to conduct any dewatering and in observing the previously mined areas, it looks like they only dig down about 10-15 feet for "good" sand. They haul the material to job sites or their office/processing area located a few miles away on Hwy 401/Raeford Road. There did not appear to be any material washing or recycle system at the mine site itself. At the office/processing area, they wash material for use as masonry sand and have a relatively small closed -loop recycle system for the water, which I walked around and confirmed is truly a closed system. They do perform vehicle maintenance at the office/processing area, but use less than 55 gallons per month. After my site visit, I faxed Mr. Lindsay a copy of our listing of certified labs in North Carolina along with contact information for the staff person with the Corps that covers Hoke County. So, based on all of this: - I have no concerns with issuing them permit coverage for the mine area, which would have stormwater only discharges from the six basins and no mine dewatering or other wastewater discharges -they should follow up on getting the probable wetland area delineated -permit coverage not necessary at the office/processing area since they have a closed -loop recycle system, which doesn't require monitoring anyway, and vehicle maintenance uses less than 55 gallons per month Thanks, Mike Michael Lawyer, CPSWQ Environmental Specialist NCDENR-Division of Water Quality Surface Water Protection Section Fayetteville Regional Office Direct: (910) 433-3329 Main: (910) 433-3300 Fax: (910) 486-0707 e-mail: mike.lawyer@ncdenr.Bov (please note my current e-mail address) *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 4e From: Patterson, Robert Sent: Friday, July 02, 2010 3:06 PM To: Lawyer, Mike Subject: NCG020775 - A & H Mine, Hoke Co. Mike, Please see NOI attached. We have received an application for coverage of an existing facility under NCG 02 from 401 Sand Co. The facility drains to UT's of Beaver Creek (class C) in Raeford (Hoke County). No vehicle maintenance or haz waste. They are stating no dewatering on the N01, and that there are no wetlands present. The USGS map shows otherwise, and makes me think maybe we should go check it out. Does the FRO have any concerns about issuing this facility a COC for this general permit? Let me know what you think. Thanks! Robert D. Patterson, PE Environmental Engineer NCDENR ( DWQ I Storrnwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert. Pattersonoyncdenr.gov Email Website: http://portal.ncdenr.org/webLWq/ws/su ABefore printing this email, please consider your budget and the environment, If you must print, please print only what you need and save ink with the free Fco-Font. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. TRAhdSf1ISSIi91-I VERIFICATICN F'EPORT TIME ri 7i 13l201G_1 14: 07 Pl111IE NC DENR FAX 9104860707 TEL 9104333 00 SER. 4 t_10 OL ;N?; 2292 DATE, TIME C17113 14: 05 FAX I,lO. ,'f•IAME ^7T-11-0 DURATION clo: 01: --,8 FA -,E' } C14 RESULT OK MODE =:T ;I -ID RD ECM NCDEN-R FAx TR.ANSIVISS!ON DENR FAYETTEViLLE REGIONAL OFFICE PAYETTEVILLE, NORTH CAROLINA 28301-5043 VOICE: 910-433-3300 Fax: 910-456-0707 Fax #: �/o — �f f Date: 7//3,�o Pages (including cover): From,: 41 Subject: ,�/ Overall Final Performance Rating (To determine the Final Performance Rating: (1) transfer the ratings (O, VG, G, BG, U) for each KRR and Dimension to the chart below; (2) record the appropriate Combined KRR Rating two times and the Combined Dimension Rating one time — the three ratings are considered to be equal; and (3) use the combined ratings to determine the overall final performance rating. KRR Ratings KRR #1 KRR #2 KRR #3 KRR #4 KRR #5 KRR #6 KRR #7 KRR #8 KRR #9 Combined KRR Rating Overall Final Performance Rating Outstanding Very Good Good Below Good Unsatisfactory Dimension Rating Dimension #1 _ Dimension #2 _ Dimension #3 _ Dimension #4 Dimension #5 Dimension #6 Dimension #7 Dimension #8 Dimension #9 + Combined Dimension Rating FAX TRANSMISSION DENR FAYETTEVILLE REGIONAL OFFICE FAYETTEVILLE, NORTH CAROLINA 28301-5043 VOICE: 910-433-3300 Fax: 910-485-0707 To: � /ek Fax #: ?/0 � /5--- //7 { Date: -71Z3/�O Pages (including cover): From: Ale lR � 1� Subject: /v d7— co,-4-4/ labs- /k /L COMMENTS: Cert # Lab Name Lab Contact 103 Tritest - Clemmons Morgan Towe 34 Research & Analytical Laboratories Sidney L. Champion 633 Pace Analytical Services, Inc. - Eden Tammie A. Easter 165 Meritech, Inc. David Merritt 654 Cameron Testing Services, Inc. Chris Cameron 637 Microbac Laboratories, Inc.- Southern Testing -Greensboro Division Ann Faircloth 591 Environmental Conservation Laboratories, Inc. Rachel Anderson 79 CompuChem Division of Liberty Analytical Corp. Robert Meierer 67 Tritest, Inc. William Sherman 572 Agronomic Division Laboratory - NCDA Colleen Hudak -Wise 10 Environment 1, Inc. John Melvin 610 Environment 1, Inc. Mobile Laboratory Chad Davis 245 Perdue, Incorporated Tina B. Rawls 628 Environmental Chemists, Inc./Outer Banks Div. Katherine C. McAvoy 177 Water & Sewer Authority of Cabarrus County Timmy V. Furr 210 City of Gastonia - Crowders Creek Laboratory Steve Oakley 12 Pace Analytical Services, Inc.-Huntersville Cheryl Johnson 248 Duke Power Company LLC dlbla Duke Energy Carolinas, LLC Rodney Wike 112 Grant Creek Regional Wastewater laboratory Tim Brown 192 CMU - Environmental Laboratory Services Rhonda Hutson 402 Prism Laboratories, Inc. Helmuth M.B. Janssen 559 K & W Laboratories Gosia Kraska 20 PAR Laboratories, Inc. Russell Everett 11 Microbac Laboratories, Inc. Teresa Adams 134 Moore Co. Water Pollution Janna Scherer 37 TBL Pamela S. Hester 648 American Water Enterprises Fort Bragg WWTP Garland Jones 604 Element One, Inc. Ken Smith 94 Environmental Chemists, Inc. (Envirochem) Ray Porter 481 SGS North America, Inc. Jeannie Milholland 638 Aquatic Ecology Lab - UNCW Center for Marine Science Matthew McIver 75 Tritest- Wilmington Felicia Justice 602 Meritech, Inc. II Stephanie Moore 22 Vann Laboratories James W. Vann 1 Beacham Laboratories Rod Reeves 325 Craven County Health Dept. Environmental Health Laboratory Pamela French 544 Water Quality Lab & Operations, Inc. Paul Isenhour 50 Water Tech Labs, Inc. LaFayette A. Gragg 275 Blue Ridge Labs David Wessinger 440 Statesville Analytical Dena Myers 235 Cherokee WWTP Laboratory Mike Bolt 57 Environmental, Inc. Anthony Tirona 482 James & James Environmental Management, Inc. Juanita James 600 Environmental Testing Solutions, Inc. Kelley E. Keenan 40 PACE Analytical Services, Inc. Asheville Barry Johnson 352 Earth Environmental Services Michael J. Ladd Lab Addressi Lab Address2 Lab City State Zip Lab Phone Number 6300 Ramada Drive Box C-2 Clemmons NC 27012- 336-766-7846 P.O. Box 473 Kernersville NC 27284- 336-996-2841 370 West Meadow Road Eden NC 27288- 336-623-8921 642 Tamco Road PO Box 27 Reidsville NC 27320- 336-342-4748 219 S. Steele Street Sanford NC 27330- 919-208-4240 8-B Wendy Court Greensboro NC 27409- 336-856-9710 102 Woodwinds Industrial Ct. Ste. A Cary NC 27511-6204 919-467-3090 501 Madison Avenue Cary NC 27513- 919-379-4004 P.O. Box 33190 6701 Conference Drive Raleigh NC 27636-3190 919-834-4984 1040 Mail Service Center 4300 Reedy Creek Road Raleigh NC 27699-1040 919-733-2655 PO Box 7085 Greenville NC 27835- 252-756-6208 P.O. Box 7085 Greenville NC 27835- 252-756-6208 P.O. Box 460 Lewiston NC 27849- 252-348-4368 PO Box 2228 Manteo NC 27954- 252-473-5702 6400 Breezy Lane Concord NC 28025- 704-788-4164 Utilities Dept, P.O. Box 1748 Gastonia NC 28053-1748 704-854-6658 9800 Kincey Avenue Suite 100 Huntersville NC 28078- 704-875-9092 13339 Hagers Ferry Road Huntersville NC 28078-7929 980-875-5186 1915 Grubb Ferry Road Salisbury NC 28144- 704-216-2737 4222 Westmont Drive Charlotte NC 28217- 704-336-3690 P.Q. Box 240543 Charlotte NC 28224-0543 704-529-6364 9331-B Albemarle Road Charlotte NC 28227- 704-569-1800 Box 411483 Charlotte NC 28273- 704-588-8333 2592 Hope Mills Road Fayetteville NC 28306- 910-864-1920 1094 Addor Road Aberdeen NC 28315- 910-281-3146 P.O. Box 589 Lumberton NC 28359- 910-738-6190 P.O. Box 495 Spring Lake NC 28390- 910-436-2836 5022-C Wrightsville Ave. Wilmington NC 28403- 910-793-0128 6602 Windmill Way Wilmington NC 28405- 910-392-0223 5500 Business Drive Wilmington NC 28405- 910-350-1903 5600 Marvin Moss Lane Wilmington NC 28409- 910-962-2357 6624 Gordan Road Suite G Wilmington NC 28411- 910-763-9793 4350 Sea Pines Drive Southport NC 28461- 910-457-0289 P.O. Box 668 Wallace NC 28466- 910-285-3966 1820 Wilmington Highway Jacksonville NC 28540- 910-347-5843 2818 Neuse Blvd New Bern NC 28561- 252-636-4936 PO Box 1167 Banner Elk NC 28604- 828-898-6277 P.O. Box 1056 Granite Falls NC 28630- 828-396-4444 P.O. Box 2940 Lenoir NC 28645- 828-728-0149 P.O. Box 228 Statesville NC 28687- 704-872-4697 P.O. Box 547 Cherokee NC 28719- 828-497-6824 P.O. Box 954 Cullowhee NC 28723- 828-586-5588 3801 Asheville Hwy. Hendersonville NC 28791- 828-697-0063 PO Box 7565 Asheville NC 28802-7565 828-350-9364 2225 Riverside Drive Asheville NC 28804- 828-252-7176 75 Bison Lane Murphy NC 28906- 828-479-6428 Et E-mail Address morgan_towe@belIsouth.net ralcc2@triad.rr.com Tammie.Easter@pacelabs.com kpmrtech@bellsouth.net Chris@camerontesting.com afaircloth@microbac.com randerson@encolabs.com bmeierer@compuchemlabs.com wsherman@tritestinc.com 204 Colleen. Hudak@ncagr.gov jmelvinel@gmail.com; SJonesEl@aol.com jmelvinel@gmail.com Tina,Rawls@perdue.com 16 tvfurr@wsacc.org steveo@cityofgastonia.com 229 Cheryl.Johnson@pacelabs.com rodney.wike@duke-energy.com tbrow@salisburync.gov rhutson@ci.charlotte.nc.us hjanssen@prismlabs.com russ_everett@parlabs.com tadams@microbac.com jscherer@moorecountync.gov tbl@ncrrbiz.com gjones@amwater.com e1 lab@e1 lab.com ray@environmentalchemists.com jeannie.milhoiland@sgs.com mciverm@uncw,edu (justice@tritestinc.com StephanieM50@aol.com beachamlab@live.com 3778 PFrench@cravencountync.gov wglo@skybest.com watertk@charter.net BlueRidgeLabs@yahoo.com denamyers@bellsouth.net michbolt@nc-cherokee.com environmentalinc@aol.com jjemi@bellsouth.net Kelley@etsnclab.com barry.johnson@pacelabs.com earthenvser@webworkz.com Beverly Eaves Perdue Governor '� i ' ��,w NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director July 14, 2010 Mr. John A. Lindsay 401 Sand Company, LLC PO Box 122 Raeford; NC 28376 Subject: General Permit No. NCGG20000 A&HMine COC NCG020775 Hoke County Dear Mr. Lindsay: Dee Freeman Secretary In accordance with your application for a discharge permit received on June 30, 2010, 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 October 15, 2007 (or as subsequently amende:l;: Please take notice that this certificate of coverage is not transferable except after notice to the Division of Wafer Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the,Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Robert Patterson at telephone number (919) 807-6375, or robert.patterson@ncdenr.gov. J Sincerely, ORIGINAL SIGNED BY for Coleen H. Sullins KEN PICKLE cc: Fayetteville Regional Office — Mike Lawyer Central Files Stormwater Permitting Unit Files Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 North Carolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919Z7-6494 4 Customer Service: 1 -877-623-6748 ��t �Q`11i Internet: www.ncwaterquality.org v f/ An Equal Oppo4unity 1 Afrma've Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020775 STQRMWATER 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, 401 Sand Company, LLC is hereby authorized to discharge stormwater from a facility located at A&HMine Doc Brown Road (-200' east of Handon-Leak Rd.) Raeford Hoke County to receiving waters designated as a UT to Beaver Creek, a class C water in the Cape Fear Rivef Basin, in accordance with the effluent limitations, monitoring -requirements, and other conditions set forth in Parts I, I1, III, IV, V, and VI of General PenizitNo. NCG020000 as attached. This certificate of coverage shall become effective July 14, 2010. This Certificate of Coverage shall remain in. effect for the duration of the General Permit. Signed this 14«' day of July, 2010. ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission NCG020775 Map Scale 1:30,000 401 Sand Company A & H swine Latitude: 35° 02' 07" N Longitude: 7911 10' 17" W County: Hoke Receiving Stream: UT to Beaver Creek Stream Class: C Sub -basin: 03-06-15 (Cape Fear River Basin) LAW Facility Location Patterson, Robert From: Lawyer, Mike Sent: Wednesday, July 14, 2010 10:23 AM To: Patterson, Robert Subject: RE: NCG020775 - A & H Mine, Hoke Co. Robert, Conducted site visit yesterday where I met with Mr. Lindsay, one of the co -owners and who signed the NOI. There are previously mined areas that have been reclaimed and there are four existing stormwater basins (A,B,C & D as noted on the mine map) with potential for discharges. The company has added acreage to the east/northeast and is presently working with DLR on modifying'their existing mining permit, which triggered our permit requirement. The company is planning to add two more stormwater basins (E & F). The mine map shows two stream features, one along the western -and southern boundary identified as Long Branch (LIT to Beaver Creek?) and the other originating in the eastern portion of the newly added acreage. i believe this feature is actually a wetland drain as opposed to a stream ;and I spoke with Mr. Lindsay about getting the area delineated by the Corps as well as concerns with removing the hydrology once excavation begins. Based on the mine map, they plan to maintain a buffer around the stream and wetland features. Mr. Lindsay confirmed that they do not plan to conduct any dewatering and in observing the previously mined areas, it looks like they only dig down about 10-15 feet for "good" sand. They haul the material to job sites or their office/processing area located a few miles away on Hwy 401/Raeford Road. There did not appear to be any material washing or recycle system at the mine site itself. At the office/processing area, they wash material for use as masonry sand and have a relatively small closed -loop recycle system for the water, which I walked around and confirmed is truly a closed system. They do perform vehicle maintenance at the"office/processing area, but use less than 55 gallons per month. After my site visit, I faxed Mr. Lindsay a copy of_our listing of certified labs in North Carolina along with contact information for the staff person with the Corps that covers Hoke County. So, based on all of this: - - I have no concerns with issuing them permit coverage for the mine area, which would have stormwater only discharges from the six basins and no mine dewatering or other wastewater discharges -they should follow up on getting the probable. wetland area delineated -permit coverage not necessary at the office/processing area since they have a closed -loop recycle system, which doesn't require monitoring anyway, and vehicle maintenance uses less than 55 gallons per month Thanks, Mike Michael Lawyer, CPSWQ Environmental Specialist NCDENR-Division of Water Quality Surface Water Protection Section Fayetteville Regional Office Direct: (910) 433-3329 Main: (910) 433-3300 Fax: (910) 486-0707 e-mail: mike.lawyer@ncdenr.gov (please note my current e-mail address) *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Patterson, Robert Sent: Friday, July 02, 2010 3:06 PM To: Lawyer, Mike Subject: NCG020775 - A & H Mine, Hoke Co. Mike, Please see NOI attached. We have received an application for coverage of an existing facility under NCG 02 from 401 Sand Co. The facility drains to UT's of Beaver Creek (class C) in Raeford (Hoke County). No vehicle maintenance or haz waste. They are stating no dewatering on the N0[, and that there are no wetlands present. The USGS map shows otherwise, and makes me think maybe we should go check it out. Does the FRO have any concerns about issuing this facility a COC for this general permit? Let me know what you think. Thanks! Robert D. Patterson, PE Environmental Engineer NCDENR ! DWQ 1 Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor (Location & Parcels) (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert. Pattersona2mcdenngov Email Website: http.//portal.ncdenr.org/web/w(l/ws/su `A Before printing this email, please consider your budget and the environment. It you must print, please print only what you need and save ink with the free Eco-Font. L-mail correspondence to and from this address may be subject to the North Carolina Pubiic Records Law and may be disclosed to third parties. JUH-0I—t0 TUE 11:20 AM CAROL INA. GEOLOGICAL 9197797227 P.02 Division of Water Quality 1 Surface Water Protection � ��ei NCDENR National Pollutant Discharge Elimination System MCfvw G_ ao.•en.ne d 8ry �rW MAIrVL FW+aVmcY NCGO20000 FAR AGENCY USE ONLY Dwe 1kceJrea CeniFalte oECwcra ❑trrl f Amov¢ 1 Armigrad to a r$ National Pollutant Discharge Elimination System application for coverage under General Permit NCGO20000: STORMWATER DISCHARGES associated with activities classified as; SIC (Standard Industrial Classification) Code -14XX Mineral Mining Industry (excep(as specified below) The following activities are also Included: • Active or Inactive mining operations (including borrow pits ---except for NCbor 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; Slormwater from vehicle maintenance activities at mining operations; • Overflow from facili ies that recycle process wastewater; and/or • Mine dewatering (wastewater) The following activities are specifically RUIyM from coverage under this General 5tormwater discharges associated with peat mining, coal mining, and metal mining; • Siormwater discharges from mining operations which are intermixed on site with sto operations and/or concrete operations; Slormwaler discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines NGDOT borrow pits are covered under NCSOM150 The following discharges pre covered by NPOES geNral permit NCO520000 Instead of NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e-, sand dredging or dipping operations) For new mining sites that require an authorization to Construct (ArQ wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For e, ing mining sites that require an Authorization to Olperste (A TO) wastewater treatment facilities_ This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities In place. ConstYttctionnradification, or Irfsrstfatian of any nary treatment components as an exisfino site requires an ATC. (it the site Is already covered by NCGO20000, the ATC request may be submitted without an HOI). Some wastewater treatment facilities used to treat or recycle wastewater at mining sites will require an ATC prior tg construction per 16A NCAC 21-11.0138. Please we the NCGO200M General Permit for details about which treatment facilities require an ATC (summarized in Table 1 below). The authorization to construct or continue to operate will be issued at the same time as the Gedificale of Coverage (COG) for the NCGO2 permit. Resign of treatment facilities must comply with requirements of 15A NCAC 2H .0138 A .0139. Construction of wastewater treatment facilities subject to the ATC/ATO requirements In the NOG02 permit at new grextsting mining sites requires submission of three (3) sets of Plans and specifications signed Page 1 of 9 'As per 15A NC:AC 2H .0106 =i kites treatment tmkties are designed. co doomed, and put into operalion by amployess InteMl 10 the oa� who are quaf sed to perform such work for their respective eort"Vw In acmdroe Wth Genordl Statutes, 09G25 M, plates and spacisc� must be 64r,ed and seated by a P.E- $tM ,NCG02-N0t Last revised 111512010 — A 40.1 SAND COMPANY HWY. 401 NORTH • BY PASS P.O. BOX 122 RAEFORD, NORTH CAROLINA 28376-0122 PHONE (910) 875-2108 FAX (910) 875-1174 RONNIE (910)3 6 0267 ✓7ALEX (910) 366-0261 JUH--01-10 TUC 11:21 AM CAROLINA_GEOLOGICAL 9197797227 P_0-3 MCGO20000 N.O.I. and sealed by a tarofessidnal t ngincer (P.E.) or qualified stale along with this application. A copy of the design calculations should be Included. Please see Questions 16 & 19. Table 1: "mary of wastewater Permit Requirements . giu`rtedy:: Monkoifngi Requires A to C7 M;ne Dewatedng (MDI Yee. No yes No MD Discharges that do not need treatment other than E&SC to meet permit conditions f MD Discharges that need treatment other than WC to meet permit conditions iPrmesa Wastewater Other Recycle Closed hoop Recycle r An Other Process UY9V { ✓ Forquesfions, please contact the TWO Regr anal Office far your area. (Sea papa 7) (Please print or type) 1) Mailing addres9 of owner/operator address to which all Permit corre dencewill be mailed: Owner Name 140/ 519,a (?e Owner Contact Street Address city Telephone No_ E-mail Address 2) Location of facility producing discharge; Facility Name Z710 / _5XWO Facility Contact Street Address City County Telepftne No. Contact Email S) Physical location Information: Please provide a narrative description of how to gel to the lad ily (use oreel names state road numb rs, and p distance and direction from a roadway intersection). �r! 4) Latitude-�sb.2J _W Longitude / o 119 (degrees, minutes, seconds) / ST C7 j 01r. 93/ scc /`c 9��fse� �turrE. 4 oC rbk-F 1 J Page 2 ar 9 SWU-NO602-N01 Last FwAsedlAW2040 JUN-01-10 TUE 11:21 AM CAROLINA.GEOLOGICAL 9197797227 P.04 N00020000 N,O,l. Permits: 5) This NPOES Permit Application applies to which of the following; MX or Proposed Fadiily Date operation is to begintine 0 New Permit not applicable — ATC request only- NPOES Permit Number 6) Standard Industrial Classification: Provide the 4 digit Standard IndusUial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code. �ti0 7) Provide a narrative description of the types of minerals mined at this 8) Is this mine an inactive mine site? ur�e ❑ Yes If yes, do you posses an `Inactive Renewal' from DLR and notified the DWO Regional Office or have you certified to the DWO that the site has been stabilized? ❑ No p Yes P 9) Does this facility already have a valid Mining Permit from the Division of land IiesourCOS (DLR)? ❑ No es If No, please indicate the status of the Mining Permit application: If yes, please provide the Mining Permit number:, q1- v, . please also provide a copy of your DLR Mining Permit with this DWO application. Note: DWQ caring Issue a COC for the NCG0200iw General Permit until s Alining Phermit is issued or renewed 6q Ihs Divlshm of rt-arrd Resources {DtR}_ 10) Dees this facility have any other NPOES permits? (ram,!/o ❑ Yeg It yes, list the permit numbers for all current NPDES permits tar this facility-_ 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? rl Yes If yes, Psi the permit numbers for all current Non.pischarge permits for this facility: 12) D�oess total area of this mine site Include ready -mix and asphalt areas? LA-tvo . ❑ Yes If yes, do they have DWQ stormwater permits (it owned by the same company)? Ci No {provide permit number ) It not owned by the same company, who "othe owner? 13) Will this mining operation precede development activities at this site? ❑ Yes 0 N es 14) is this mine located within one of the 20 Coastal Counties and will it add more then 10,ODO fie of Impervious surface? i 'No Page 3 of 9 3WLI-NOW2-N01 Last revisedfl1512 ilo TUN-01-10 TUE 11:22 AM CAROLINA.GEOLOGICAL 9197797227 P_05 NOG020000 N.O.I. M Yes If yes, you may be required to apply for an additional state stormwator permit Check with your focal Regional Oflice. See contact information and checkfTst below. 15) Is this mine located the Neuse, Tar-Pamilco, or Catawba River Basin, or the Randleman or Jordan Waigr supply watersheds? No 0 Yes It yes, what size stream buffers are included on site? ft. Please show buffers in site plans. Discharge points, 6fteiyjng Waters & Wetlands: 16) Receiving waters: What is the name Of the body or bodies of water (creek, stream river, take, etc-) that the facility storrnwater ancflor wastewater discharges end up in? _ _ -- - ONAmt':' Trck$J' A4Z. -cbI%aleX QX% It the site stormwater discharges to a sepwaktd storm sewer syslierrt name the operator of the separate storm^ sewer system (e.g. City of Raleigh municipal storm sewer). AV Receiving water clas$ilication (if known): Note: Discharge of process wastewater to receiving waters classified as WS41 to WS-V or SA must be approved by the N.C. Dept. of Environmental Health, If DSH does not approve, coverage under NCGO20WO cannot be granted. Nq new discharges of wastewater are permitted in receiving waters classified as WSA or fteshwater ORW_ Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 17) R your facility has wastewater discharges and they are to HWO. PNA waters (Primary Nursery Areas) waters, what Is the flow rate? (See htWy1www-nWrrf.neVmaos/FNA maps/indox.html, for map) 18) Discharge Points - Number of discharge tppol js (ditches, pipes, channels, etc. that convey discharges from the property): Qnslte: Stormwatec V(.# Mine dewatering: Process Wastewater Overflow: fQ sill g_ Stormwater: Mine dawatering: _ process Wastewater Overflow: Discharge points shcwld be clearly marked on the submitted silo plan. Please provide short narrative description of discharges: .5T-0tZrnWaittit a) Is yvyr mine derwatering and discharging? (Answer only ityou are dewafering} 0 CI Yes If yes, where to? Surface Waters and/or Wetlands (on -site or off -site) Other (on -site or off -site) Describe: b) Are you dewatering but not discharging? (Answer only it you are dewafoNng) No Q Yes If Yes, (please explain how you are dewatering, and where that water will be directed: Page 4 of 9 sw"0002-NU Last revi I/I!Y2010 SUN-01— 19 TUE 1 1 :23 AM CAROL I NA. GEOLOG I CAL 9197797227 P _ ©6 NCGO20000 N.O.t. 19) Will reining operations require dewatering near wetlands or Impact any stream, groundwater, or wetlands? i� No C1 Yes Note: Wetlands must be CLEARLY DEUNEATED on the site plan. Mime dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and Implement a Pumping Operation and Monitoring (0&M) Plan that has been approved by the Division. For sites that may drain wetlands -- aranreval of a Pumping O&M plan may tg reapired prior to Coyeraae finder this general permit, The Pumping O&M Plan should he submitted to the appropriate Regional Off ice and Mus j be approved prior to otaemlion. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plants to maintain Surrounding hydrology and respective monitoring to demonstrate compliance. See ebecklist at end of document Contact your local Regional Office for questions spearrc to your mine_ 20) it you are dewatering, are there wettenda or surface waters within 4W of the mine pit perimeter? 1]! No ❑ Yes It yes, what distance are they from the nine pit perimeter? feet. 21) Have you been required to obtain a 4041401 Certification permits? r ar No ❑ Yes If yes, please briefly describe below gfWude Information such a required rndigakon, BMPs, setbacks, andlor O&M plans for on or off -site wettencls or other pertinent information). Attach other sheets as necessary_ 22) you been required to obtain a wetland delineation certiried by the US Atmy Corps of Engineers? Z 0 Yes It yes, please attach to application submission_ Stormwater 13MP5: 23) Does this facility employ any best management practices for storrawater control? Q NO L� Yes If yes, please briefly describe: _ Sf0tr11E0-(+ EU0S IDrt Cori VZo t _T Si¢cx vtcF3 ('Bas(r<s) l6 'RZR'O t r+ MtWE. QL ACA j 24) toes this facility have: a Stormwater pollution Prevention Plan? 93 No ❑ Yes it yes, when was it implemented? 25) Will vehicle maintenance activities occur at this facility? E/ No ❑ Yes Page 5 of 9 &WVN0=-N01 Last reoswli%ul q JUN-01-10 TUE 11:23 AM CAROLINA.GEOLOGICAL 9197797227 P.07 N000200f O N-0.1. Wastewater TMAIment Facilities. 20) Will mine dewatering discharges occur? (An A-MATO is required for wastewater treatment facilities' dewatering discharges where EBSC devices alone will not moat effluent limits and/or protect water quality Stan rds). No ❑ Yes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unto closed -loop recycle system) Inr No ❑ Yes It yes, answer the following questions for each wastewater treatment syslern: a. Please describe the We of process used to treat and/or recycle the process wastewater. Gtve design specifics O-e. design volume, retention time, surface area, etc.). Existing treatment facilities should be descrbed 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. ruse separate sheet(s)] b. Does this facility employ chemical additives to flocculate suspended solids? D No a Yes 11 yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Mote: Please see our websito for a list of evaluated pot erylamide PAMS) products for use in North Carolina. C. floes this facility overflow only during rainfall events exceeding the I0-yr, 24-hr rainfall event? 0 No ❑ Yes 29) Are wastewater treatment facilities (including recycie systems) planned In the IlMyear flood plain? 0 ❑ Yes If so, include Information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) CIM. 29) hazardous Waste: a) is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? 0 o ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of haze us waste? o © Yes c) Is this facility a Largo Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? N ❑ Yes d) It you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Page fi of 9 SWU-NOG02-NCH last mvlsedi /15mi 0 JUN-01-10 TUE 11:24 AM CAROLINA.GEOLOGICAL 9197797227 P.68 NCGO20000 N.O.I. How is meterial stored: Where is material stored: T How many disposal shipments per year: Name of transport / disposal vendor. Vendor address: 30) Are u applying for a mining permit In the same location as a previously permitted mine? "" "" E}CIS i 1r.1 C Mt a c tr'rc'C>►'C 5e�es It yest specify pormit number and name if known: 31) our site have an active landfill within the fnlning permit boundary? 7 ❑ Yes It yes, specify type: 0 LCiD El Other., 32) is your facility providing appropriate seoondary containment for bulk storage of liquid materials? flee permit textonlinefor secondary containment requirements. l3 No d yes This applie tton will be returned gp IMomplete unless all of the IgIlowing items have been included and InILIM120 for. Please show that the following required Information has been Included by initialing In each space below. Y Fee of $1 DO made payable to NCO NR Completed applicafion and all supporting documents Copy of the valid approved mining permit (MP) for the facility or indication of MP application status Copy of a county map or other general location map that shows the mining site and nearest major roads Copy of USGS topographic map showing the mining site gad- surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated A copy of your DLR mining permit A copy of your US Arty Corps -approved wetland delineation II you marked `yes to question 23 above. If mine site is in one of the 20 Coastal Counties, Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. If the mine Is dewaterfng and near wettands, or may otherwise impact surface waters or groundwater, include the 1glining and contact y9yr pQMI MUlonal office about a Pumping OSM Plan (Sao below for contact information). YQtA may be required to provide a) approyed Pumping O&M Plan.pefor to, 2 copies of detailed Full Size Plans delineating areas on the A1aos gr"llating We+aras (including; wetlands, ditches, wall -{placements, pits, borrow areas, overburden storage, stormwater conlrotslgMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (it state sw programs apply), applicable buffers, and access and/or haul roads). Well information (design, depths. maintenance) —Physical monitoring for the wetlands areas ___,.__Settling pond sizing Information, 9 applicable Page 7 of S SM-I40302410 Last fVA%edl/1&W1 O JUN-01--irk TUE 11 :25 AN CAROLINA. GEOLOGICAL 9197797227 P.09 NCG020000 N.0.1, Level spreader daslgn, it applicable Detaft about dewatering method Cons of influence calculations Description of measures to prevent erosion and flooding Description & Information about 4011404 permits that have been obtained Copy of US Array Corps of Engineers wetland delineations or approved wetland delineation (H applicable) I have contacted my local regional office about a Pumping 0$M Plan. Regional Office Contact: w _• Date contacted: OR - - I will not any Impact nearby wetlands, surface waters or groundwater by dewatering. It an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCGO2000 are surrtrriarixed in Table 1 on Page 2 of this N01 (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfal)(s). It slormwater is flowing off -site, the plan must show that slorMwater wlti not be mixed with wastewater. C9rtiflcation: North Carolina General Statute 143-216-6 b (i) provides that: Arty person who knowingly makes eddy Use statement, representation, or certilkation in any app1ba1 n, record, r6port_ plan, or other dommerg tied or rr;gUtred to be maintained under this Ar" or a rule knpierrwu9rv0 this Ankle: or who krxmingly makes a 1819e slatemern of a rnateaai fact In a rulemakdng proceeding or eortested case under this Ankle; or who fatsifles, Impers %M. or knoWngty rendM ln"Urate any reoordng or Monitoring device or method required to be operated of mafnlalmd under this Article or rules of the (Envdrowwaal MarapemwiQ Commimlw kTV=wMng this Article shall W cy^ of a Cl= 2 n tSdemednOr whIch may Include a gnu not to exceed ten thou -Rand dollars (S110,0W). I hereby request coverage under the referenced General Permit. I understand that coverage under this pormll will constitute the permit requirements for the discharge($) 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 Mining permit must be attached to this request. 2. 1 agree to not discharga 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 sp!Bs on the site. 4_ 1 agree that Solid wastes will be disposed of in accordance with RID. statutes and rules governing solid waste disposal_ 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as 10 not result in contamination of the surface or ground waters. Page Bof9 $WU NCCQ2-IN01 vast revised111612010 UN-01-10 TUF 11:2S AM CAROLINA.GEOLOGICAL 9197797227 p.10 NCG020000 N.Q.I. I agree to aNda by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirementa of the General Permit. 1 certify that I am familiar with the information contained in this application and that to the Des[ of my knowledge and bailef such information is true, cornpiele, and accurate- Print�Yy S ed N eof PoSi i 401 mn �Title: G of Applicant j Notice at Intent must be accompanied by Mail the entirc package to: Stormwater and General Permits Unit Division of Water Ouality 1617 Mail Service Center Raleigh, North Carolina 27699.1617 (Vate Signed) or money order for $100.00 made payable to NCDENR. Note The submission of this document does not guarantee the issuance of an NPDES permit. For TLestlonx, please contact the DWQ Regi'onaf OMo for your area. PWQ Fleglonat Office golpo lnformatlott; Asheville Office ------ (828) 296.4500 Fayetteville Office ... (910) 433-3300 Mooresvitle Office --- (704) 66.3-1699 Raleigh office ........ (919) 791-4200 Washington Ottice ...(252) 946-Wl Wilmington Office ... (910) 796-7215 Winston-Salem,,,.-- (336) 771-5000 Central Office -------..(919) 807-6300 Fags 9 of S SWU-NOG02-NOI Last revisod1115/2014 JUN-01-10 TUE 11:20 AN CAROLINA.GEOL.OGICAL .9197797227 P.02 A AILVOWIF Division of Water Quality / Surface Water Protection NCD .f �IIII�IIYI� E� hlational Pollutant Discharge Ufntination System NCGO20000 FINTEN7 rOR AOLNCY USE ONLY Ma Rvccjvw ye" I Uonrh 1?a cunrl IfIC Gf CQVer7 Chrxk if Am um , Ac+i toc, c t5 National Pollutant Discharge Elimination System application for coverage under General permit NCO020000: STORMWATER DISCHARGES associated with activities ciassiffed as, SIC (Standard industrial Classification) Code -14XX Mineral Mining Industry (except as specified below) The following activities are also Included: • Active or inactive mining operations (including borrow pits--rexcept forNCOOT 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 recycle process wastewater; and/or • Mine dewatering (wastewater) The following activities are speelficallyncloefrom coverage under this GeneralLNN 3 0 20� 0Stormwater discharges associated with peat mining, coat mining, and metal mining; Stormwater discharges from mining operations which are intermixed on site with storai AL operations and/or concrete operations;8 Or • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS00o150 The following discharges are covered by NPDES general permit NCG520000 Instead of NCG020000: * Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sires that require an authorization to construct (ATC) wastewater treatment facilities: Th is NOi is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 80 days prior to constructlon'. For eglsting mining sites that require an Authorization to Operate (A TO) wastewater treWment facilities. This NOI is also an APPLICATft)N FOIi an ATO for wastewater treatment facilities In place. COrlStrticti4nmodification, or Installation of any new treatment components at an existing requires an ATC (it the site is already covered by NCG020.000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recygla wastewater at mining sites will require an ATC prior to construction per 15A NCAC 2H .013$. Please see the NCGO20000 General Permit for details about which . treatment facilities require an ATC (summarized in Tabie 1 below). The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COG) for the NCGb2 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .o439. Construction of wastewater treatment facilities subject to the ATCIATO requirements In the NCG02 permit at new grexisting mining sites requires submission of three (3) sets of plans and specifications signed Page 1 of 9 'As per 15A NCAC 2H .0106 Vaess treatment facildies are designed. constructed, and put into operation by amployoas 1rRemal to the company who are qualified to perform Such work for their respective eompanlss in a000rdance with General Statutes, 89C•25 (7), p1w%$ and spe iRoations muss IN signed and sealed by a P.�. Sft,NCG02-Not Last noised VIV2410 w!Ok JUN-01-10 TUE 11:21 AM CAROLINA.GEOLOGICAL 9197797227 P.03 ' NCG020000 N.O.I. and seated by a Professional Engineer (RV.) or qualified staffz along with. this application. A copy of the design calculations should be Intruded. Please see questions 18 & 19. Table 1: Summary of Wastewater Permit ReQuPrements rterly': M6r►Itoiing7 Re4uirpps A to'C7 Mine Dewatering (MD) Yes No Yes Na M D Discharges that do not need treatment other than E&SC to meet permit conditions ✓ ✓ MD Discharges that need treatment other than WC to meet permit conditions ✓ ✓ Process Wastewater Other Recycle Closed toots Recycle +' ✓ Any Other Process W W ✓ ✓ For questions, please contact the 17WO Regional Office for your area. fAW Page 71 (Please print or type) 1) Mailing address of ownerloperator address to which all permit correV2ndence will be mailed): Owner blame 401 Owner Contact Street Address City Telephone No. E-mail Address 2) Location of facility producing discharge; Facility Name Facility Contact Street Address City County Telephone No. Contact E-mail 3) Physical Location Information: Please provide a narrative description at how to get to the facility (use treet names, state road numb rs, and distance and direction from a roadway intersection). ��--Y-�` '''�' Zoo ' rFA<'I 0 Jc hAA1 CK1-1-"=AK 12i. . O r� �4) Latitude_ '- IVIIW _ Longitutfg 7/'& /0�� (degrees, minutes, seconds) 1�ASZ a y4 Page 3 or 9 swtt rrcc oa iva Last rev1sedI1I8 4t o JUN-01-10 TVE 11:21 AM CAROLINA.GEOLOGICAL 9197797227 P . 04 N00020000 N.O.I. 5) This NPDES permit Application applies to which of the following: ❑ ZSting w or Proposed Facility Date operation is to begin*2`F_1 ❑ New Permit not applicable -- ATC request only_ NPDES Permit Number 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code —_._.._._...._� I t+F'4'4 7) Provide a narrative description of the types of minerals mined at this fact f?i ��•ya� /.fir%_ ` 8) Is this mine an inactive thine site? a o ❑ Yes If yes, do you posses an "Inactive Renewal" from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) does this facility already have a valid Mining Permit from the Division of Land Resources (OLR)? ❑ No it No, please indicate the status of the Mining Permit application: Lls If yes, please provide the Mining Permit number: - to Please also provide a copy of your DLR Mining:Permit with this DWQ application.-. Nate: DWO conno issue a COC for the NCGO20OW General Parmit until a Mining Permit is issued or renewed by the Dlvislon of Land Resources (DLR)_ �T 10) Does this facility have any other NPDES permits? ❑ Yes if yes, list the permit numbers for all current NPDES permits for this facility_ 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? 0 Q Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 12) Doestotalarea of this mine site include ready -mix and asphalt areas? C��tQo ❑ Yes , It yes, do they have DWO stormwater permits (if owned by the same company)? d No -= , (provide permit number - It not owned by the same company, who is the owner? 13) Will this mining'operation precede development activities at this site? C] es O Yes 14) is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 fe of Impervious surface? !�O Page 3 of 9 SWII- W02-NC4 Last revlsedl fi St2010 ?UN-01-10 TUE 11:22 AN C.AROLINA-GEOLOGICAL 9197797227 P. 05 NOG020000 N-4.1. 179 Yes If yes, you may be required to apply for en additional state stormwater permit_ Check with your local Regional Office. See contact information and checklist below. iS) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basin, or the Randleman or Jordan WZo supply Watersheds? ❑ Yes If yes, what size stream buffers are Inouded on site? It. Please show buffers in.5ile plans. Discharge Points. fie- ,givinoWateirs & Wetlands: 16) Receiving waters; What is the name of the body or bodies of water (creek, stream river, lake, etc_) that the facility stormwater and/or wastewater discharges end up in? _ -- ompwnrr.) -rhq� �-r.13EA az Cwz-E4 If the site stormwater discharges to a separat storm sewer systerru name the operator of the separate slorm sewer system (e.g. City of Raleigh municipal storm sewer). fteceiving water classification (if known): Note: Discharge of process wastewater to receiving waters classified as WS4I to WS-V or SA must be approved by the N.G. Dept. of Environmental Health.' It DEH does not approve, coverage under NCGO20000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-i or freshwater ORW. wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit._ 17) It your facility has wastewater discharges and they are to HWQ, PNA waters (Primary Nursery Areas) waters, what Is the float rate? (See http:(/www.nodmI neUma s/� FNA .maoslindox.html, for map) r 18) Discharge Points: _ Number of discharge polrlts (ditches, pipes, channels, etc, that convey discharges from the property): On. te: Stormwater fit_/%/ Mine dewatering: Process Wastewater Overflow: ¢lfsli : Stormwater: Mine dewatering: - process Wastewater Overflow: Discharge points slWuld be clearly marked on the submitted site plan. Please provide short narrative description of discharges: ,ST"oe m"aym -y 1A -isASI-35 a) Is;70 r minedewatering and discharging? (Answer only ifyou are dewatering) 0 yes If yes, where to? Surface waters and/or Wetlands (on -site or off -site) Other (on -site or off -site) Describe: b) Arr ou dewatering but not discharging? (Answeronly if you $re o�lwajodng) q Yes it Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU-NOG02-NOI Last revisedl/15/2010 JUN-01-10 TUE 11:23 AM CAIROLIh1A.GEOLOGICAL 9197797227 P_96 NOG020000 N.0.1. 19) Will mining operations require dewatering near wetlands or Impact any stream, groundwater, or wetlands? dNo 0 Yes Note: Wetlands must be CLEARLY CEUNEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and Implement a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands — oAnroval of a pumping O&M txlall My rout prior to coverage under this general permit. The Pumping O&M Plan should be submitted to the appropriate Regional Office and m ust be approved prior to Qp raji2n• The plan shall include, but is not limited to, (1) Groundwater monitoring strategies to demonstrate the effector pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document Contact your local Regional Office for questions specific to your mine. 20) 7NO are dewatering, are there wetlands or surfacewaters within 400' of the mine pit perimeter? ❑ Yes It yes, what distance are they from tha mine pit perimeter? -feel_ 21) Hayou been required to obtain a 404/401 Certification permits? i3 No ❑ Yes !f yes, please briefly descn'be i36fow (include information such a Wulred mitigation, Wft, setbacks, andlor O& M plans for on cr off site wetlands or other pertinent information). Attach other sheets as necessary_ 22) Have you been required to obtain a wetland delineation certified by the US Atmy Corps of Engineers? No ❑ Yes If yes, please attach to application submission. Stormwater BNlPS• 23) [Joss this facility employ any best management practices for stormwater control? Er No H Yes If yes, please briefly describe; Sf0iM1Err-f f ERo V64 CONS L 24) Does this facility have a Stormwater Pollution Prevention Plan? i No ❑ Yes If yes, when was it implemented? 26) Will hicle maintenance activities occur at tfils facility? C�3 Na CJ Yes Page 5 of 9 Swu-NCG02-Na LaSt rwisW111512010 JUN-01-10 TUE 11:23 AM CAROLINA-GEOLOGICAL 9197797227 P.`07 NCO020 ".0.1. Wastewater Treatment Pacilitt s: 28) Will mine dewatering discharges occur? (An AMATO is required for wastewater treatment fatuities' dewatering discharges where E&SC devices alone will not meet effluent limits and/or Protect water quality ards). V ❑ Yes 27) Will discharges of overflows from Process wastewater treatment systems occur? (ATC or ATQ required, unle ,v closed -loop recycle system) L� Na ❑ Yes If yes, answer the following questions for each 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)] b. does this facility employ chemical additives to flocculate suspended solids? ❑ No Cl Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive (Note: Please see our website for a list of evaluated --olyacrylamide (DAMS) products for use in North Carolina. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? d No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) Planned to the 100-year flood plaid? W`�IV/o ❑ Yes If so, include. Information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-yeah flood, per 15A NCAC 2H .0219.) 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? CJ M ❑ Yes b) - Is this faellity a Small Quantity Generator (less than 1000 kg. of hazardous Waste generated pot month) of hazar es waste? t No ❑ Yes c)'r. is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of ,hazardous waste? G3 No ❑ Yes d) It you answered yes to questions b. ore., please provide the following information: Type(s) of waste: Page 6 of 9 S W U-NCG02-NOI Last revlsedi /t 5/2010 JUN-01-10 TUE 11:24 AM CAROLINA.GEOLOGICAL 9197797227 P.08 NCG020000 N.0_1. How is material stored: _ Where is material Stored Flow many disposal shipments per year: Name of transport / disposal vendor Vendor address: 30) 7N0 u applying for a mining permit In the same location as a previously permitted mine? '" " Z)(1 S i I rJ C, rV\t a s tlr L-r iYes ' If yes, specify permit number and name if known: 31) Does your site have an active landfill within the mining permit boundary? c" oo ❑ Yes It yes, specify type: 17 LGID Il Other: 32) Is your facility providing appropriate secondary containment for bulls storage of liquid materials? See petimit text Opine for secondary containment requirements, ❑ Yes This at?plicatlan wilt be returned a$ Incomplete unless all of the t91 win items have been Included and initialed far. Please show.that the fallowing required information has been included by Initiating In each space below. r 1r Fee of $106 made payable to NCOENR Completed application and all supporting documents — Copy of the valid approved mining permit (MP) for the facility or indication of MP application status Copy of a county map or outer general location map that shows the mining site and nearest major road$ Copy of USGS topographic map showing the mining site ng_d surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. 2 copies of large-scale site plan with topographical lines with all outfatts, applicable buffers and wetlands clearly delineated _ A copy of your DLR mining permit A copy of your US Arrrty.Corps-approved wetland delineation It you marked 'yes' to quastion 23 above, If mine site is in one of'the 20 Coastal Counties, Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. If the mine Is dewatering and neat wetlands, or may otherwise impact surface waters or groundwater, Include Jhe 19,11g ring and contact ygYr 1;pgal realonal office about a Pumping O&M Man (see below for contact Inform06tr). YqU may be required to provide all approvo Pumping O&M plan quarto NGG0214$lggce. 2 copies of detailed Full Size Plans delineating areas on theplans jtW lislitu acres a (including: wetlands, ditches, well• placements, pits, borrow areas, overburden storage, stormwater control/13MPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). Welt information (design, depths, maintenance) Physical monitoring for the wetlands areas —Settling pond sizing information, if applicable Page 7 of 8 SW U-NOG02-NO4 East frAsedl/1 b/2010 JUN-01-10 TUE 11:25 AM CAROLINA_GEOLOGICAL 9197797227 P-d9 NOG020000 N.41 t.eyel spreader design, it applicable, __Details about dewatering method Cone of influence calculations Description of measures to prevent erosion and flooding —Description & information about 401/404 permits that have been obtained Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicable) I have contacted my local regional office about a Pumping OW Plan. Regional Office Contact: . Bate contacted- -0 I will not any Impact nearby wetlands, surface waters or groundwater by dewatering If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCO02000 are summarized in Table t on Page 2 of this N01(see the permit text for more details). Plans shalt show all pertinent design features, including the location of the outfall(s). If stormwater Is flowing off -site, the plan mast show that slonriwater will not be mixed with wastewater. Cortificatlon: North Carolina General Statute 143-215-6 b (i) provides that: Any person who knowingly makes eery (else statement, representation, or certification in any applik,41on, recard, report, plan, or other document Med or required to be maintained under this Article or a Me impfementino this Article; or wiio knowingly makes a false statement of a material feet In a rulemafdng procoWng or contested case under this Article; or whe falsiflas, tampers wf1h. or knowingly renders tnaocurate any reoording or monitoring device or meftd required to be operated or maintained under this Article or rules of it* (Environmental Management) Comrnisslon implementing this Article shah be gulttk a Class 2 misdemoancr wWoh may include a fine not 10 exceed ten thousand dollars (310,000). 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 covorage under this General hermit_ 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 a000rdance with N.G. 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. Page 8of9 SWU•NCCO2-NOi Last revised111512010 ' JUN-01-10 TUE 11:23 AM CAROLINA.GEOLOGICAL 9197797227 P.10 NCGO20000 N.O.l, I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. i certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. /- Z_'_'%V/ Printed N me of Person Si9ni : 4Ql S�� IG 67 �/ e_6 , � Title: r ,Z of Applicano Notice of intent must be accompanied by Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (Date Signed) or money order for $100.00 made payable to NCDr;NR. Ote The submission of this document does not guarantee the issuance of an NPDFS permit. J For questfons, please Contact the DWQ Regional Office for your arose, AVlto Regional Office Contact Informati"; Asheville Office ------ (828) 296-4500 .Fayetteville Office... (910) 433-3300 Mooresville Office _-- (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6451 Wilmington Office ... (910) 796-7215 Winston-Salem .-..-- (336) 771-5000 Central Office ------...(919) 807-6300 Page 9 of 9 ' SWU-NCG02-NOI Last revisedl/15/2014 AAA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary June 22, 2010 Certified Mail Return Receipt Requested 7008 1830 0001 8839 2776 Mr. John A. Lindsay 401 Sand Company PO Box 122 Raeford, North Carolina 28376 RE: A and H Mine Mining Permit No. 47-16 Hoke County Cape Fear River Basin Dear Mr. Lindsay: f We have reviewed the modification request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: As previously, provide proof that your company has obtained stormwater permit (NPDES permit) from the Division of Water Quality. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dlr.enr.state.nc.us/pages/Iandqualitysection.html An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Lindsay Page Two As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the. maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, W ✓- 4Ji h A. ehner Assistant State Mining Specialist Land Quality Section cc: Mr. Steve Cook Ms. Jennifer Jones - DWQ Mr. James Izzell. PG - via e-mail I .: (;J -7 t� MINING PERMIT APPLICATION REVIEW FORfVl for the n{V)SION OF WATER QUALITY tom! �� PrcjecJmr0 Nube �fr e ���Ff County: —Cue Date for Comments Sack to Land Quality- Sec -,ion: CS; ZC-3 Will the operation, as proposed, viciate standar 's of water quality Comments: Ca 4 ,!� cv .inawiC,Q ��r 115 wi / �. � --1 l-7S W�'tf� 'eL—S a � sue. f � rni G ci Watersihed/Cir, earn, Name & Class riiCaticn: {/I T?� G r N C' it ec�ired Y NPDES permit exist:na (Perms } V Nondischarce pemit required V Nondischarge permit existing (Permit.-," ) Wetlands disturbed =01 Wet€and Cert. required^����/�^��. 401 Wetland Cert. existing (Permit Reviewed b Date. 7 d Print .Name: Cznrrat DYce Revie%ver: NCDENR North Carolina Department of Environment and Natura Division of Land Resources Land Quality Section James D. Simons. P.G., P.E. Director and State Geologist March 16, 2010 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Resources Beverly Eaves Perdue. Governor Dee Freeman, Sec --_tarp; SUBJECT: Mining Permit Modification for Hanson 401 Sand Company A&H Mine Hoke County I Mine Dewatering Proposed No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on April 9, 2010 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater duality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Steve Cook 1612 Mali Ser,.lice Center, Raleigh, North Carolina 27699-1612 •919-733-4574 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 4pPLVCATION FOR A MINING PEI;LN'IIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the aline and reference the sequence to the mine rnap(s). Attach additional sheets as needed. This modification request adds 23 acres to the existing mining area. Mining will continue from the existing mine onto the new acreage. The urine map indicates the areas to be mined. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for urine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine rnap(s) and provide typical cross-sections/corrstr-uction details of each measure. Engineering designs and calculations are required to .justify the adequacy of any proposed measures. The initial areas to be mined naturalh drain int existing basins "B" and "C". A peri berm will established around the areas to be disturbed to�i s atio asins "E" and "F" ill be installed before any land disturbance in these drainage areas. See mi or a at s on basin sizes. 3. a. Will the operation in washing the material mined, recycling process water, or other waste water handling? Yes o X. f yes; briefly describe all such processes including any chemicals to be used. b. Will the operation involveMtc ig fresh or waste water from the mine or plant as a point discharge to the waters of the Stat . Yeo ❑. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge poin s with their method of stabilization) on your urine map(s). Stormwater is collected in basins and discharged during storm events. -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed thine excavation(s) extend below the water table? Yes ❑ No X. If yes, do you intend to dewater the excavation(s)? Yes ❑ No F. If yes, what impact, if any. will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: Locate oll existing �i ells on the urine inap(s) that lie lvithitt 500 feet of the proposers excavatioai ot-ea. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. There are no wells within 500 feet of excavation. There will he no impact on groundivater. d. If you answered yes to any of the above questions; provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100-000 gallons per day. 'I. a. NVill the operation involve crushing or any other air contaminant emissions? Yes ❑ No X. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Periodic spray with water as necessary - 7 - 1 � 40 p'a z * $ 1 � � p lbb �S. G 41 41 o�o� w AT February �9,2006� Mr, John Lindsay 401 Sand Company POB 122 Raeford, North Carolina 28376 Dear Mr. Lindsay: Michael F, Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Stormwater permit application 401 Sand Company Application return #1111 Hoke County The Division of Water Quality received your application for coverage Under stormwater general permit NCG020000 on April 11, 2005, for a facility located at 3029 Fayetteville Road in Raeford, North Carolina. Upon review and site visit, we have determined that because you are not mining sand at the location, coverage under NCG020000 is not required. We are returning your application. H vvreve ike Lawyer from the Fayetteville Regional Office informs me that you may need coverage under a stormwater permit for the mining opera Ions y 1 conduct at the nearbv Doc Brown Road site. If you have any questions about the returned application, please call me at (919) 733-5083, ext. 584. Sincerely, 1 Ken Pickle Enclosures: Submittal information, addressee only cc: Fayetteville Regional Office SPU files 'M NCDENR Customer service (919) 733-7015 1 800 623-7748 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 t f 1 1/ it r a r1v srsG•� + i ��'. i Q i r r!e a i + gm Ir • O 4 Lending • `. a Fieldal s� t� • N k Ilk .11' // �• y o L, _ h _ r 1 N +r t ♦ 4Pxs u _ ; � � _ * G r rr u • it � a • • • 4 fp/ .•• N .y �, .\ • • r • • Z63 N • r• •`a44 i • ff %. ford ir f � ide i t ' w r M _ l/ - ` i ! J , Name: NICHOLSON CREEK Location: 035' 02' 11.57" N 079* 10' 15.36" W NAD 27 Date: 7/13/2010 Caption: 401 Sand Co -Aft Mine Scale: 1 inch equals 1600 feet Copyright (C) 19N. Maptech. Inc North Carolina James D. Simons, PG, PE Director and State Geologist AkT,T, on; WA -*A NCDENR Department of Environment and Natural Resources Division of Land Resources Mr. John A. Lindsay 401 Sand Company PO Box 122 Raeford, North Carolina 28376 RE: Permit No. 47-16 A and H Mine Hoke County Cape Fear River Basin Dear Mr. Lindsay: Land Quality Section August 28, 2008 Michael F. Easley, Governor William G. Ross Jr., Secretary Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is August 28, 20131.. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 4Cand 14 and Reclamation Condition No. 3. As a reminder, your permitted acreage at this site is 82.88 acres and the amount of land you are approved to disturb is 65.45 acres. Please note that the modified permit issued on October 6, 2005 indicated 80.88 affected acres, which was incorrect because the 17.43 acres of undisturbed buffers were not correctly deducted from the 82.88 permitted acres. This has now been corrected in the renewal permit. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Lindsay August 28, 2008 Page 2 Please review the renewed permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sinc rely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw Enclosures CC' Mr. Steve Cook, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 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: 401 Sand Company A and H Mine Hoke County — Permit No. 47-16 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: August 28. 2013 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 Mond 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, 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, revolve 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 the 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 Whenever 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. Modifications April 6,-2004: This permit has been departmentally modified to change the permit number from Mining Permit No. 48-04 to Mining Permit No. 47-16. October 6, 2005: This permit, issued to John A. and Heidi Lindsay, has been transferred in its entirety to 401 Sand Company and modified to increase the permitted acreage to 82.88 acres and the affected acreage at the site to 80.88 acres as indicated on the mine map received by the Land Quality Section on January 12, 2005. The modification includes the expansion of the mine to the north and the construction and maintenance of all associated sediment and erosion control measures. Please Note that the affected acreage of f 80.88 acres was incorrect and d has been corrected in the renewal permit to 65.45 for reduction of 17.43 acres of undisturbed buffers. Page 3 Expiration Date This permit shall be effective from the date of its issuance until August 28, 2013. 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 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 (75 foot undisturbed) shall be maintained between any affected land and any adjoining waterway.or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavation shall be diverted internal to said excavation or into the approved sediment basins. Page 4 C. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the mine map dated July 22, 2008 and the supplemental information received on August 29, 2007, January 7, 2008 and July 22, 2008. D. A 100 foot long gravel or crushed stone construction entrance shall be constructed and maintained at the intersection of the access road and SR 1302, using No. 57 washed stone or equivalent. 5. All mining permit boundaries (82.88 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. B. 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 (minimum 50 foot unexcavated) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 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. Page 5 C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining 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. 12. 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. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is required for this site, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. 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. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By 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 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 regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to I vertical or flatter slope. Page 7 B. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition 11A through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. David G. Faircloth with the Natural Resources Conservation Service on August 3, 2007: 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. This permit, issued to John A. and Heidi B. Lindsay July 8, 1997, modified April 6, 2004 and transferred to 401 Sand Company and modified on October 6, 2005, is hereby renewed this 281h day of August, 2008 pursuant to G.S. 74-52. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources