NCG020929_NOTICE OF VIOLATION - NOI TO ENFORCE_20220129

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
NORTH CAROLINA
Environmental Quality
NOTICE OF VIOLATION - NOTICE OF INTENT TO ENFORCE
CERTIFIED MAIL
RETURN T REQUESTED 7017 0190 0000 9526 9994
Mr. Elijah T. Morton
Morton Minerals, Inc.
121 Garnett Lane
Jacksonville, NC 28546
RE: Discharge Without a Permit
Mining Permit 67-80
Wellman Mine
Onslow
White Oak River Basin
Mr. Morton:
On January 10, 2020, Holley Snider from the Division of Energy Mineral and Land
Resources(DEMLR) of the Department of Environmental Quality and Robb Mairs from the
Division of Water Resources with the Wilmington Regional Office conducted an inspection
of the Wellman Mine 67-80, located of Hines Stump Sound Church Road.
The inspection revealed that the subject mine is in operation and has dewatering
discharges. The discharges are leaving the site through earthen conveyances (ditches).
Sediment from these discharges was also observed in the receiving wetlands and
waters. The file review revealed that Wellman Mine has not obtained coverage under,
an NPDES General Permit No. NCG020000 (Mining Activities) to discharge stormwater,
mine dewatering, and process wastewater. Discharges from the mine flow into an
unnamed tributary of Kings Creek (Spicer Bay), classified as SC waters.
The actions documented constitute violations of North Carolina General Statute (NCGS)
143-215.1(a), Activities for Which Permits Required, specifically:
"Activities for Which Permits Required" — No person shall do any of the following things
or carry out any of the following activities unless that person has received a permit from
the Commission and has complied with all conditions set forth in that permit:
NCGS 143-215.1(a)(1) — Make any outlets into the waters of the State; and
NCGS 143-215.1(a) (11)—Cause or permit discharges regulated under General
Statute 143-214. that result in water pollution.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
J Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
w wnw ` r

Notice of Violation NPDES
Wellman Mine 67-80
January 29, 2020
Page 2 of 2
Please respond to this notice in writing within 30 calendar days of receipt. Your
response should be mailed to the Wilmington Regional Office 127 Cardinal Drive
Extension, Wilmington, NC 28405 attention Dan Sams, Regional Engineer and it must
minimally address the following items:
The requirements for securing an NPDES General Permit were reviewed during
the mine permitting process for this site. Please explain why Wellman Mine did
not secure an NPDES General Permit.
2. Please explain how Wellman Mine will ensure that no future outlets are created
to waters of the State and that all current discharges are captured and remain
onsite. Otherwise, submit a Notice of Intent (NOI) for coverage under General
Permit NCG020000 (enclosed).
Thank you for your attention to this matter. All violations are required to be properly
resolved. This violation, and any future violations, are subject to a civil penalty
assessment of up to $25,000 per day for each violation. Efforts to undertake activities to
bring the subject mine into compliance are not an admission, rather they are actions
that must be taken in order to begin to resolve ongoing environmental issues. Your
abovementioned written response to this notice will be considered in any civil
penalty assessment process that may occur.
If you have any questions about this matter, please contact me at [phone] or
Holley Snider at [phone].
Sincerely,
Daniel Sams, PE
DEMLR Regional Engineer
Raleigh Regional Office
Enclosures: Notice of Intent form
Technical Bulletin
Guidance on Wastewater and Stormwater under NCG02
cc: David Miller, PE — Mining
Annette Lucas, PE - Stormwater Permitting Unit
Shane Strickland — Stormwater Permitting Unit