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HomeMy WebLinkAbout41R_ViewmontRoad_LCID_revised_PermitApp_DIN27720_20170510 PERMIT RENEWAL APPLICATION Viewmont Quarry LCID Guilford County North Carolina NCDEQ Solid Waste Permit 41R-LCID-2011 Prepared For: Martin Marietta, Inc. 8701 Red Oak Blvd. Charlotte, NC 28217 Prepared By: Amec Foster Wheeler Environment & Infrastructure, Inc. 4021 Stirrup Creek Drive, Suite 100 Durham, North Carolina 27703 (919) 381-9900 amecfw.com Registered in North Carolina Engineering and Land Surveying License No. F-1253 April 14, 2017 Amec Foster Wheeler Project No.: 6468-16-6100 1 Please find the following responses to comments received from NCDEQ Solid Waste Section regarding the Viewmont Quarry permit renewal application. The comments are reproduced below, with responses in red text after each item. G. David Garrett, 5-10-2017 Garrett, David From: Chao, Ming-tai <ming.chao@ncdenr.gov> Sent: Wednesday, March 01, 2017 11:07 AM To: Garrett, David Cc: Jay Nivens; Asoudeh, Atefeh; Mussler, Ed; Ritter, Christine Subject: comments on Viewmont Sandrock LCID Permit Application, 41R-LCID-2011, DIN 27468 Hi David: The Solid Waste Section (SWS) completes a review of the permit amendment application (DIN 27441) and has several comments (DIN 27468) on the permit application, which are stated below: DIN 27468 General 1. Throughout the permit application several title or name of the LCIDLF facility are used: Viewmont Road LCID or Viewmont Quarry LCID. For the sake of consistency and avoid any confusion please use one correct landfill facility name. (please noted that current permit is issued to construct and operate the Viewmont Road LCID Landfill. The facility is heretofore identified as Viewmont Quarry LCID. Corrections to this effect have been made throughout the text. 2. Throughout the permit application, please state the name of the landfill property owner. According to the result of a deed search, the landfill property is owned by Martin Marietta Materials Real Estate Investments, Inc. And please state the business relationship between Martin Marietta Materials Real Estate Investments, Inc. and Martin Marietta Materials, Inc. in the permit application. MMMREI is the land holding company, in which the land title is held. The owner/operator is Martin Marietta Materials, Inc. This relationship has been clarified on Page 1 in the text. Part 1 - Facility Plan 3. (Section 1.1) According to the data in Drawing No. E3/Sheet No. 7, the proposed landfill unit - Phases 1 & 2 on the south side of the on-site, unnamed tributary encompasses 12.6 acres, not 12.4 acres as described in the section. Please provide the consistent data. The drawings have been corrected to be consistent with the text. 4. (Section 1.1) Regarding the operation of the LCID Processing Facility, please provide the following information for clarification: i. (On Page 1, the second paragraph) The subsection describes that a LCID Processing Facility (permitted as a “two-acre stockpile”) exists outside the boundary of Solid Waste Permit# 41- R. Is this facility located outside the proposed LCID waste boundary of 12.6 acres or outside the 42-acre landfill property boundary? Please clarify. ii. If the permittee plans to operate the LCID Processing Facility under the Solid Waste Permit No. 41R-LCID-2011 inside the 42-acre landfill property boundary (as stated in Part 4 of the permit application), please revise the Section 1.1 and the Facility Plan including, but not limited to: a. Provide the description of the facility location which must be shown on the facility plan drawing(s) as 2 well. b. The permit application must provide the stockpile dimensions (the maximum height and size of the lateral extent must be approved by the Fire Marshall or local fire department), establishment of 25-feet fire isles between stockpiles, the minimum buffer distance of 25-feet from the stockpile to the on-site drainage features. c. To avoid speculative accumulation waste, the operation of this facility must meet the requirements stated in Part 4. Please referring Part 4 in this subsection. References to the LCID Processing Area, stockpiles, grinding and wood waste recycling and all operational descriptions are a holdover from previous ownership. All such references have been removed from the application. 5. (Section 1.1) The section describes a portion of the mine site is being reclaimed with “beneficial fill” that meets “Solid Waste Section definitions”. Please provide additional info of the “beneficial fill:” i. Define the “beneficial fill” that will be stored at this area, and show the location of beneficial fill on the facility plan drawing in Part 2 of the permit application. ii. Demonstrate that operating of this waste management activity will meet the requirement stated in Rule 15A NCAC 13B. .0562(3), and how this fill activity can be differentiated from the disposal of LCID waste activity inside the same property, if the beneficial fill is inside the LCIDLF waste boundary. iii. Please describe the size/lateral extents, height, and final grade/side slope of the “beneficial fill” unit. iv. Provide the info of the maximum volume of the stockpiled beneficial fill that can be stored on- site at any time or the proposed final fill grade and extents. v. Describe the erosion and sediment control measures pertaining to operation of this “beneficial fill” area. This is another holdover from earlier ownership and no longer reflects the current owner’s plans. No beneficial fill will be used for operations and all references have been removed. 6. (Section 1.1 on Page 2 of the Facility Plan & Section 3.0 of the Operations Plan) Please provide a copy of the NPDES permit issued by the NC Land Quality Section. An approved site layout drawing must be appended to the permit to show the proposed 42-acre LCIDLF unit being included by this permit. The original 42 acres was on both sides of an unnamed tributary that now separates the active mining area to the north from the inactive area (LCID site) to the south. Although the 42-acre tract was incorporated into a larger property under the mining permit, the permitted facility boundary for the LCID is still defined by the original facility boundary. The outline of the 42-acres is shown on the drawings, and a Certificate of Coverage for the current NPDES permit for the mining operations has been added to the application. 7. (Section 2.1) The flood map info of the landfill facility is out-of-date one; please provide the latest (2007) flood map info of the facility and append the map to the permit application. The FIRM panel number is current, and newer FIRM publications have not been found. We have included the most recent representation of the floodplain depicted in Guilford County GIS info. 8. (Sections 2.8) Groundwater potentiometric surface contours underneath this site are shown on the Drawings S3 and S3A, and the described Drawing S4 can’t be located in the permit application. Please either correct the typo or provide Drawing S4. Drawing S4 is obsolete and the reference removed from the text. 9. (Section 3.1.5) The property deed document in Appendix 1 is out-of-date. Please provide the current deed document (with book number and page numbers) which shows that Martin Marietta Materials, Inc. or Martin Marietta Materials Real Estate Investments, Inc., a subsidiary of Martin Marietta Materials, Inc. owns the 42-acre landfill property. 3 The current deed had been included in the application. Part 2 – Facility Drawings 10. The note – “Proposed Access Road to Permit 41-12B” should be removed and replaced by Permit 41R- LCID-2011. Since the LCID Processing Facility and mining activities are operational at the landfill facility, should the road has been built and functional, rather than a” proposed” one? The access road in question extends from Viewmont Road (east of the site) toward the center of the mine property. A future extension or connector across the unnamed tributary is shown in the plans. This part of the road and the stream crossing were permitted earlier by the Division of Water Quality (401/404) but not constructed. The reference to “proposed” road has been changed to “existing” on the drawing, but the stream crossing is still labeled “future.” The permit number has been corrected. 11. Please show the 2-acre extents and stockpile locations of the existing LCID Processing Facility on the Facility Plan drawings. Please see comment #4 and response. References to stockpile have been removed. Part 3 Operations Plan (Section 1.2.2) The Winston-Salem Regional Office of the NCDEQ contact info has been changed and can be found at the web link: http://deq.nc.gov/contact/regional-offices/winston-salem. Physical address: 450 Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 Mailing address: 1646 Mail Service Center, Raleigh, NC 27699-1646 Phone: 336-776-9800 Fax: 336-776-9797 The text has been updated. 12. (Section 2.4.1 & Appendix 2) The frequency of the random waste screening (one per month) described in the Section 2.4.1 is different from that (twice per week) in Appendix 2. To be consistent with the statement in Section 2.4 that “The incoming wastes received two inspections – at the entrance gate and at the working face…,” Section 2.4.1 should clearly describe that the waste screening frequency at gate/scale house is once per month, and at the tipping floor for both disposal area and stockpile area will be twice per week at each area. Please clarify and provide the consistent waste screening frequency. The text has been updated. 13. (Section 2.5) This section proposes to grind waste at or near LCIDLF working face; several concerns must be properly addressed: i. Please explain why the grind waste activities must be conducted at or adjacent to landfill working face, and why this activity can’t not be conducted at the LCID Processing Facility. ii. According to the statement in this section, it indicates that a waste sorting/ separating process is likely engaged at/near the working face of the landfill prior to conducting a waste disposal activity so that the operator(s) can identify and remove selected waste stream being stockpiled and treated/processed as marketable “recoverable/recyclable” material. If so, a. Please describe the operating sequences beginning from the waste screening to identifying/sorting/recovering waste stream for either grinding or disposing. b. Descriptions of the waste separating and sorting processes including OSHA health safety, nuisance prevention, wind-blown waste control measures, and leachate management must be detailed in the subsection. c. What “waste stream” will be allowed to be ground at or near the landfill working face? d. Description of storing the selected waste and ground material stockpiles – locations (must be shown the drawings), base sizes and heights; the maximum durations – (piles of wastes must be removed and disposed in landfill at the conclusion of each working day) from at the landfill area; the final stockpile location of the ground material. e. Provide the minimum distance between the grinding related activity to the landfill disposal activities so that the grinding activities should not interfere with waste disposal activities. 4 iii. This section proposes “the allowed grinder location shall be constructed as anywhere in the landfill….” The grinder location may be allowed inside the landfill waste footprint, not anywhere in the landfill, so the buffer requirements for a treatment and processing unit would be in compliance. Please revise the statement in this section. Please see comment #4 and response. References to stockpile have been removed. 14. Please state that the unauthorized or nonconformance wastes which are stored in a container should be removed and disposed of at a permitted landfill at the conclusion of each working day. For any unexpected reason results in the containerized wastes having to be temporarily stored on-site, the wastes must be covered with a tarp or equivalent material to prevent wastes from contacting any precipitation.(Section 2.6.5) Please provide the leachate management approaches, should the wastes be impounded inside water, which is leachate as defined in N.C.G.S. 130A-290(a)(16a), according to Rule 15A NCAC 13B .0566(14). This overlaps the earlier permitting of a recycling facility within the LCID (see comment #4). LCID operational permits in the past do not have provisions for leachate or unacceptable waste removal. These references have been removed. 15. (Section 4.2.3) The Appendix 6 does not provide the contact info. Please list the contact info of the Solid Waste Section and Regional/Senior Environmental Specialist for the facility area which can be found the following web link: https://ncdenr.s3.amazonaws.com/s3fs-public/Waste%20Management/DWM/SW/FieldOpMap.pdf The text is divided into two sections, Facility Plan and Operations Plan, each with its own table of contents. The Solid Waste Section contact info is found on page 1 of the Operations Plan. Part 4 – LCID Processing Facility 16. The facility is a treatment and processing unit and LCID storage unit. Therefore, please state the facility is achieved the siting and operation requirements stipulated in Rule 15NCAC 13B .0301 & .0302. For LCID storage unit, pursuant to Rule 15A NCAC 13B . 1402(g)(3), please state that the operating the storage unit – either raw final product stockpiles must meet the requirements stated in Rule 15A NCAC 13B .1404(a)(1) through (9) and also state that NO composting is allowing to be conducted at this facility. See comment #13 and response. References to treatment and processing, storage and stockpiles have been removed. Please provide the written responses to the above-mentioned comments and revised permit application; the submittal of an electronic copy (in pdf format) of the aforementioned documents is acceptable at this time. The SWS will request a hard copy and an electronic copy of the final permit application document. Please contact me if you have any question of the comments. Best regards, Ming Chao Ming-Tai Chao, P.E. Environmental Engineer Permitting Branch, Solid Waste Section NCDEQ, Division of Waste Management (Mailing Address) 1646 Mail Service Center Raleigh, NC 27699-1646 (Street Address) Green Square, 217 West Jones Street Raleigh, NC 27603 Tel. 919-707-8251 ming.chao@ncdenr.gov http://portal.ncdenr.org/web/wm/sw 5 From: Garrett, David [mailto:david.garrett@amecfw.com] Sent: Thursday, January 05, 2017 3:10 PM To: Chao, Ming-tai <ming.chao@ncdenr.gov>; Mussler, Ed <ed.mussler@ncdenr.gov> Cc: Jay Nivens <Jay.Nivens@martinmarietta.com>; Asoudeh, Atefeh <atefeh.asoudeh@amecfw.com> Subject: Viewmont Sandrock LCID Permit 41R-LCID-2011 Greetings, per Ming’s request I am pleased to resubmit the attached permit application. This was prepared and submitted on October 14, 2016 but it appears to have not been delivered. Please let me know if you need us to resubmit the paper copy. By way of explanation, the site was formerly permitted for Viewmont Sandrock in 2010 and reissued for Martin Marietta in 2011. Please refer to NCDEQ SWS Doc ID 15435. The LCID is proposed as the reclamation stage for an existing borrow pit, which has not been started as an LCID. The current owner (Martin Marietta) would like to keep the permit active for future reclamation. The attached application has been modified from the 2011 application only to reflect my change of employment to Amec Foster Wheeler and to update the facility and regulatory agency contacts. Otherwise, the application is unchanged. Please let me know if you require any further information. Thanks in advance. G. David Garrett, P.G., P.E. Senior Engineer Amec Foster Wheeler Environment & Infrastructure, Inc. 4021 Stirrup Creek Drive – Suite 100 Durham, North Carolina 27703 david.garrett@amecfw.com Phone: 919-381-9900 Direct line: 919-765-0070 Cell: 919-418-4375 This message is the property of Amec Foster Wheeler plc and/or its subsidiaries and/or affiliates and is intended only for the named recipient(s). Its contents (including any attachments) may be confidential, legally privileged or otherwise protected from disclosure by law. Unauthorised use, copying, distribution or disclosure of any of it may be unlawful and is strictly prohibited. We assume no responsibility to persons other than the intended named recipient(s) and do not accept liability for any errors or omissions which are a result of email transmission. 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NCDEQ Division of Waste Management Solid Waste Section Mail Service Center 1646 Raleigh, NC 27699-1646 RE: Permit Renewal Application Viewmont Quarry LCID (Permit # 41-R) Guilford County, North Carolina Dear Mr. Mussler: On behalf of Martin Marietta Materials, Inc. (Martin Marietta), Amec Foster Wheeler Environment & Infrastructure (Amec Foster Wheeler) is submitting this application for a permit renewal of a planned Land Clearing Inert Debris landfill (LCID). The original permit, prepared for A-1 Sandrock, Inc. in 2002, served as the reclamation stage of a then-active surface mine for borrow soil, i.e., a weathered granite saprolite known locally as “Sandrock”. A-1 Sandrock, Inc. sold the Facility to Viewmont Sandrock, Inc. in late 2003. The Facility was re-permitted as Viewmont Sandrock in early 2004 and renewed in April 2010 pursuant to an application prepared by David Garrett & Associates. Martin Marietta bought the property in 2012, and the Facility was permitted under that name shortly thereafter. The property is deeded to subsidiary Martin Marietta Materials Real Estate Investments, Inc. The mine, and future landfill, are operated by Martin Marietta Materials, Inc. To date, the LCID has remained inactive, but the owners wish to keep the permit open for possible future reclamation activities. This permit renewal application stems from a 5-year renewal cycle. The various solid waste units and topography are shown on the enclosed General Facility Map. Please refer to the updated Facility Plan and Operations Plan documents (enclosed), which have been prepared for electronic submittal in PDF format. The owners understand that the limits of the LCID footprint addressed in Permit 41-R will be restricted to permit lines and grades established in 2010, unless further permit amendments are made. This document was originally submitted to NCDEQ Division of Waste Management, Solid Waste Section (SWS) in October 2016. This resubmittal includes revisions made in response to regulatory comments received on March 1, 2017. Martin Marietta, Inc. Viewmont Quarry LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6468166100 Table of Contents for Part 1 1 GENERAL INFORMATION ................................................................................................. 1 1.1 Facility Description ....................................................................................................... 1 1.2 Historical Perspective .................................................................................................. 3 1.3 Permit Documents ....................................................................................................... 5 2 SITING CRITERIA - .0564 (1) - (10) .................................................................................... 5 2.1 Flood Plain -.0564 (1) .................................................................................................. 5 2.2 Endangered and Threatened Species - .0564 (2) ........................................................ 5 2.3 Critical Habitats - .0564 (3) .......................................................................................... 6 2.4 Archaeological and Historical Site - .0564 (4) ............................................................... 6 2.5 State Nature and Historic Preserve - .0564 (5) ............................................................. 6 2.6 Wetlands -.0564 (6) ..................................................................................................... 6 2.7 Cover Soils -.0564 (7) .................................................................................................. 6 2.8 Surface and Ground Water -.0564 (8) (A) - (D) ............................................................ 7 2.9 Buffer Requirements -.0564 (9) .................................................................................... 7 2.10 Zoning Ordinance -.0564 (10) ...................................................................................... 7 3 APPLICATION REQUIREMENTS - .0565 (1) - (4) .............................................................. 8 3.1 Required Information - .0565 (1) .................................................................................. 8 3.2 Aerial Mapping (Quarter-Mile) - .0565 (2) ..................................................................... 9 3.3 Facility Plan - .0565 (3) ................................................................................................ 9 3.4 Operations Plan - .0565 (4) .........................................................................................10 Appendices 1 Original Permit Study 2 Waste Screening Form 3 Emergency Responders 4 Useful Agency Contacts 5 Fire Notification Form 6 Updated Title Deed Info 7 Current NPDES Permit Refer to the Facility Drawings that accompany this document Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 1 Facility Plan PART 1 – FACILITY PLAN 1 GENERAL INFORMATION 1.1 Facility Description Viewmont Quarry LCID (the Facility) is owned by Martin Marietta Real Estate Investments, Inc., (formerly Viewmont Sandrock, Inc.) and is operated by Martin Marietta Materials, Inc. (both are subsidiaries of Martin Marietta Inc.). The Facility is located south of Greensboro, NC, in Guilford County, accessible from I-85 Business via the Holden Road or Groometown Road exits and Bishop Road. The LCID, which remains unbuilt at present, was originally permitted as two footprints consisting of 12.6 acres to the south of an unnamed tributary and 5.1 acres to the north of the unnamed tributary (refer to Section 1.2). The Facility address is 4048 Viewmont Road, Greensboro, NC 27406. Map coordinates for the original 42-acre tract, which includes the subject LCID site, are latitude 35.9967 and longitude -79.85505. Guilford County PIN number for the original 42-acre tract is 12-03-0185-0-0755-S-015 (see Figure 1), and the two adjoining tracts that comprise the 148-acre mine permit boundary are 12-03-0185-0-0755-S-010 and 12-03-0183-0-0755-N-004. The Facility is largely surrounded by commercial/industrial sites, with some residences toward the south. Neighboring facilities include mines and landfills (Doggett and A-1 Sandrock), an asphalt plant, two trucking terminals, a MSW Transfer Station (Republic Services, Inc.), Guilford County’s White Goods and Tire Recycling facilities, two closed LCID units, and an auto salvage yard. The LCID site is not visible from any roads due to natural screening. The nearest known water wells are more than 900 feet from the LCID disposal unit. Natural ground elevations vary from El. 820 near center of the Phase 1 footprint to El. 740 at the tributary along the south property line. Local topography is typically hilly with a wide floodplain along the unnamed tributary. The local streams serve as the ground water receptors. Drainage within the LCID footprint is primarily to the north, toward the unnamed tributary, which in turn flows southeast and joins Hickory Creek near the southern Facility boundary. Plans for the 5.1- acre footprint to the north of the unnamed tributary were deleted from the application in 2004. The Facility is located within the General Watershed Area of the Randleman Reservoir. Surface water removed from the mine is discharged under a NPDES General Permit. The unnamed tributary joins two other tributaries in the southern portion of the 148-acre tract, forming the head of Hickory Creek. All of the tributaries are “blue-line” features that originate north of I-85. The Erosion and Sedimentation Control (E&SC) plan for the entire site is under the jurisdiction of the North Carolina Department of Energy, Minerals and Land Resources (NCDEMLR), Land Quality Section. Currently approved E&SC measures are in place for the unbuilt LCID site. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 2 Facility Plan SITE Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 3 Facility Plan The permitted waste stream shall consist entirely of Land Clearing Inert Debris (LCID), typically stumps, vegetation, soil, rocks, and miscellaneous debris generated by local development. No Construction and Demolition (C&D) or Municipal Solid Waste (MSW) is accepted at the facility. No hazardous materials or liquids (including septage) will be accepted. Facility staff is trained to spot inappropriate wastes and enforce a strict waste acceptance policy. A covered roll-off box is placed on the premises for unacceptable wastes that may arrive incidentally, i.e., MSW, which is transported to a licensed disposal facility weekly. Contingency plans are in place for dealing with hazardous materials. Daily intake tonnages, once opened, are expected to vary from 75 to 100 tons per day. Records are kept at the entrance gate on incoming material quantities by truck size and weight. Typically, the customer base is well known, which provides the facility a high degree of control over the waste acceptance policy. For this permit renewal, the Facility covers only Phases 1 and 2 on the original 42 acres, as it was issued in 2010 to Viewmont Sandrock (see Figure 2). Phase 1 covers 5.7 acres and is expected to contain 134,132 cubic yards of total airspace, while the Phase 2 covers 6.9 acres and will contain 272,328 cubic yards, bringing the total footprint to 12.6 acres and the total airspace for both phases to 406,460 cubic yards. 1.2 Historical Perspective The Facility is located on a 42-acre tract that was operated prior to 2002 by A-1 Sandrock, Inc., and sold Viewmont Sandrock, Inc. in 2003. An earlier site study following the requirements at the time for permitting a C&D Landfill was performed for A-1 Sandrock (Appendix 1). The LCID Permit #41-R was issued to A-1 Sandrock and reissued to Viewmont Sandrock in March 2004. The 42-acre tract was physically joined to two larger tracts to the east, bringing the mine permit boundary to 148 acres (Mine Permit #41-23), but for the purposes of the solid waste permit (#41-R) the facility boundary is limited to the original 42-acre parcel. The area south of the unnamed tributary (Phases 1 and 2 of the LCID) have not been disturbed since the property transfer. Active mining is currently taking place on the north side of the unnamed tributary. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 4 Facility Plan Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 5 Facility Plan 1.3 Permit Documents This document was prepared to meet current Solid Waste Section (SWS) requirements of the comprehensive Facility Plan and Operations Plan. This plan focuses attention on the waste acceptance criteria. Facility Plan drawings showing the lines and grades of the approved LCID accompany this document. At this time, there are no changes proposed. Operational requirements include maintaining the working face of the disposal area to a maximum size of one acre. Periodic cover shall be applied at least monthly (or when the working face exceeds one acre), in accordance with SWS rules for LCID landfills. Personnel training and regulatory requirements for annual surveys and reporting of data shall be observed. The landfill will implement “incremental closure” procedures, in which outer slopes that are brought to final grade will be closed by placing final cover soil and protective measures, including vegetation and runoff conveyances, in maximum 5-acre increments. A number of other documents included in the Operations Plan are described as follows. A Waste Screening Form is presented in Appendix 2 for use in the Waste Screening Program described in Part 2. A Hazardous Waste Contingency Plan is presented in Part 2, referencing lists of Emergency Responders in Appendix 3 and Other Useful Contacts in Appendix 4. Due to concerns over recent fires in other LCID landfills, an upgrade to fire prevention and fire response procedures is contained in the text, and a Fire Notification Form is presented in Appendix 5, with which the Operator shall report any fires at the Facility to the SWS. Other pertinent information includes Updated Title Deed Info presented in Appendix 6 and the current NPDES Permit presented in Appendix 7. Updated flood mapping is presented in Appendix 8. 2 SITING CRITERIA - .0564 (1) - (10) Siting requirement demonstrations, described below, are presented in Appendix 1. 2.1 Flood Plain - .0564 (1) The proposed landfill is not located within a floodplain as defined by the Flood Insurance Rate Map (FIRM) Panel 370111 0181 C, Guilford County, 2007, please see the map in the link below: https://msc.fema.gov/portal/search?AddressQuery=guilford%20county#searchresultsanchor. An excerpt of this map is presented in Appendix 1. The map identifies a floodplain along Hickory Creek, located several hundred feet east of the site. An unnamed tributary flows through the proposed landfill site. No solid waste disposal activities will take place within 50 feet of any stream. Newer floodplain maps are available online from Guilford County Planning. 2.2 Endangered and Threatened Species - .0564 (2) An environmental assessment report was prepared by a hired consultant, Habitat Assessment and Restoration Program, Inc., ca. July 2000. Based on that report, presented in Appendix 1, no endangered plant or animal species have been identified at the site. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 6 Facility Plan 2.3 Critical Habitats - .0564 (3) The environmental assessment report (see above), identified no critical habitats of endangered plant or animal species on the site. All of the proposed landfill area has been disturbed due to previous mining activities. The report made no recommendations for further studies. 2.4 Archaeological and Historical Site - .0564 (4) A letter prepared by the NC Department of Cultural Resources, State Historic Preservation Office, dated August 24, 2001 (see Appendix 1), indicates no comments on the proposed site activities relative to properties of architectural, historic, or archaeological significance. 2.5 State Nature and Historic Preserve - .0564 (5) The site is not located within a State Nature and Historic Preserve area. This is indicated by letter from the NC Natural Heritage Program, dated July 28, 2000 (See Appendix 1). 2.6 Wetlands - .0564 (6) The crossing of an unnamed tributary to Hickory Creek has been granted a Nationwide Wetlands Permit (NWP 14). This work is required to access one side of the tributary from the other. No other wetlands impacts are anticipated for this project. The NWP 14 Permit is presented in Appendix 1. Please note: The stream crossing has not been built, and it will be necessary to renew the NWP-14 permit at a future time prior to the construction. 2.7 Cover Soils - .0564 (7) Soil for periodic cover will be derived from both on-site and off-site sources. A geotechnical exploration of the site (Appendix 1) indicates suitable resources of weathered granite, known locally as “Sandrock,” existing on the north site of the unnamed tributary. Tentatively estimated soil volume requirements follow: Periodic cover requires approximately 5% of the estimated volumetric capacity, or 406,460 * 0.05 = 20,323 cubic yards. Soil cover will be applied monthly, or whenever the working face reaches one acre in size. Final closure of the proposed LCID will require 12.6 ac. * 43,560 / 27 = 20,328 cubic yards. The minimum final cover requirements are one foot of soil. On-site soil resources include the mining operations on the north side of the unnamed tributary. A summary of testing on these soils is presented on Table 2 and in Appendix 1. Near surface soils that have limited value as structural fill (for which sandrock is typically marketed) are available for cover soil, and both the sandrock and overburden soils make Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 7 Facility Plan excellent landfill cover material. The Facility accepts soil from various construction sites in the region, subject to acceptance criteria that no contaminated soils are brought onto the site. Alternative cover materials, e.g., inert debris, might also be considered as cover material. 2.8 Surface and Ground Water - .0564 (8) (A) - (D) The proposed landfill will not cause a discharge of pollutants into adjacent surface water bodies that is in violation of the National Pollutant Discharge Elimination System (NPDES). The facility will not cause a discharge of dredged material or fill into waters of the State, with the exception of the proposed stream crossing (see Section 2.6), nor shall the facility constitute a non-point source of pollution that violates water quality standards. This will be accomplished by observing appropriate waste acceptance criteria and careful operations. Since the facility is greater than two acres in size, the minimum 4 feet of separation between the waste and ground water applies. Ground water observations made by others were modified with historical data from a nearby monitored facility (see Appendix 1) to determine the estimated seasonal high water table. Ground water levels at the subject site were compared to those of the nearby site, also located in a sandrock formation with similar ground surface topography and proximity to water bodies. Data from monitoring wells with similar hydrogeologic conditions show water level fluctuations of approximately 3 feet during a period of record spanning more than 5 years. During that time the region has experienced extremes of climatic conditions, including very wet weather, i.e. the “El Nino” winter of 1997-98 and various tropical storms, as well as droughts (see Appendix 1). A ground water potentiometric surface map, generated from the on-site piezometer observations (Appendix 1), is presented as Drawing S3 in the accompanying plan set. The potentiometric surfaces represent the maximum seasonal high water level, estimated by adding 3 feet to highest water levels recorded at each piezometer, based on the historical data. The proposed grading plan provides the required 4 feet of vertical separation. Excavated grades should be verified prior to commencing landfill operation. 2.9 Buffer Requirements - .0564 (9) The layout of the proposed LCID meets the following horizontal buffer requirements: 50 feet minimum between the proposed waste boundary and all surface waters, including wetlands, and 100 feet to property lines and existing residential dwellings, commercial buildings and wells. These buffers are clearly marked in the accompanying plan set. The buffers should be field checked prior to commencing landfill operations. 2.10 Zoning Ordinance - .0564 (10) The property is zoned HI-SP (heavy industrial with special use), which was put into place for the mining operations. The Special Use Permit (Appendix 1) acknowledges plans to construct a future LCID landfill and/or a C&D landfill at the end of mining activities. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 8 Facility Plan 3 APPLICATION REQUIREMENTS - .0565 (1) - (4) 3.1 Required Information - .0565 (1) 3.1.1 Local Government Approval - .0565 (1)(a) – A letter from the Guilford County Planning Department stating that the zoning of the subject property is HI-SP is presented in Appendix 1. 3.1.2 Location - .0565 (1) (b) – The location of the subject site on a county road map is presented on the cover sheet of the accompanying plan set. 3.1.3 Ground Water Separation - .0565 (1) (c) – Information showing that the proposed bottom of waste is a minimum of 4 feet above the estimated seasonal high water table is presented on Drawing E1 in the accompanying plan set. On-site ground water data used to develop this map are found in Table 3 (see Section 2.8) and Appendix 1. 3.1.4 Rule .0564 Compliance - .0565 (1) (d) – Refer to Section 2 of this report for specific information pertaining to compliance with this Rule. 3.1.5 Legal Description - .0565 (1) (e) – A legal description of the site is provided with the title deed in Appendix 1. 3.1.6 Other Information - .0565 (1) (f): Projected Life – The following calculations are based in part on operational history of an earlier nearby LCID (A-1 Sandrock, Inc.). Since the weight of the various components of the waste stream vary significantly, it is not feasible to base the life expectancy calculations on unit weight. Rather, the volume of the waste stream, projected into months or years, provides a more realistic basis for determining the operational life. The following daily waste stream projections reflect estimates of waste stream trends. It should be realized that the waste stream is seasonal and subject to regional economic growth, as well as market-specific factors, i.e. the potential for other landfills to open or close. The average daily waste stream projection is: Concrete 4 tandem-axle trucks per day 10 c.y. each 40 c.y. Stumps 10 single-axle trucks per day 7 c.y. each 70 c.y. Bricks 2 single-axle trucks per day 7 c.y. each 14 c.y. Wood waste 6 single-axle trucks per day 7 c.y. each 42 c.y. 2 tandem-axle trucks per day 10 c.y. each 20 c.y. Brush 8 tandem-axle trucks per day 10 c.y. each 80 c.y. Total 32 trucks per day 266 c.y./day It is assumed that the LCID will operate 5.5 days per week, with 280 working days per year. The average daily waste stream can be converted to a conservative estimate of in-situ cubic yards by assuming the size of the trucks delivering the wastes (see table), then assuming an initial reduction factor of 20% for in-situ compacted volume. Typically, vegetative wastes (brush, Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 9 Facility Plan limbs, etc.) are low density and do not initially compact well. Long-term settlement may provide more actual disposal capacity. The calculations yield an estimated annual airspace consumption of 74,480 cubic yards. Based on a net waste disposal capacity of 406,460 cubic yards, the projected operational life of the facility (two phases) is 5.5 years. 3.2 Aerial Mapping (Quarter-Mile) - .0565 (2) 3.2.1 Entire Property - .0565 (2) (a) – A local area topographic map showing the 42-acre site boundary and quarter-mile radius is shown (Drawing S1). 3.2.2 Nearby Structures, Wells and Water Courses - .0565 (2) (b) – The nearest homes and other buildings, utilities, roads, wells, and watercourses are shown (Drawing S1). 3.2.3 100-Year Flood Boundaries - .0565 (2) (c) – The 100-year flood boundary along Hickory Creek (discussed in Section 2.1) is labeled (Drawing S1). 3.2.4 Wetlands Boundaries - .0565 (2) (d) – No wetlands boundaries exist within the proposed LCID disposal areas. The approximate location of the proposed stream crossing covered under the NWP 14 is shown (Drawing S1). 3.2.5 Historical/Archaeological Sites - .0565 (2) (e) – None identified (see Appendix 1). 3.2.6 Parks and Recreation Areas - .0565 (2) (f) – None identified (see Appendix 1). 3.3 Facility Plan - .0565 (3) 3.3.1 Site Boundary - .0565 (3) (a) – The current property boundary (42-acres) is shown (Drawing S2). 3.3.2 Easements and Right-of-Way - .0565 (3) (b) – There are no easements or rights-of- way identified within the proposed LCID areas (Drawing S2). 3.3.3 On-Site Structures - .0565 (3) (c) – No on-site structures exist at the site of the LCID. The gatehouse and maintenance buildings are located east of the LCID within the in mine permit boundary (Drawing S2). 3.3.4 Access and Egress - .0565 (3) (d) – The only access/egress point is located on Viewmont Road, at the main entrance to the mine. A gate prevents unauthorized outside of business hours. Access from other directions is restricted by natural geographic features, e.g. moderately steep, wooded terrain and the unnamed tributary, or barricades (Drawing S2). 3.3.5 Set-Back Buffers - .0565 (3) (e) – Applicable stream and property boundary setbacks (discussed in Section 2.9) are shown (Drawing S2). Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 10 Facility Plan 3.3.6 Water Courses and Wetlands - .0565 (3) (f) and (g) – The only watercourse on the subject property is the unnamed tributary (Drawing S2). There are wetlands within the tree line, within the 50-foot stream setback (no disturbance will occur within this area), except for the permitted road crossing of the stream. 3.3.7 Waste Boundary - .0565 (3) (h) – The waste boundary, which coincides with the 100- foot property boundary setback, is shown (Drawing S2). 3.3.8 Existing Topography - .0565 (3) (i) – Existing topography is shown (Drawing S2). The source of the topographic contours within the facility boundary is an aerial survey performed in March 2001. There have been no changes in the topography within Phases 1 and 2 since the original permit documents were produced. 3.3.9 Proposed Grading Plan - .0565 (3) (j) – The proposed base grades for Phases 1 and 2 are shown (Drawing E1). The grading plan should be field checked for adequate vertical and horizontal buffers prior to commencing landfill operation. Fill may be required to restore buffers in Phase 2. Interior slopes will be at 3H:1V ratios. 3.3.10 Proposed Final Contours - .0565 (3) (j) – Interim final grades are shown for Phase 1 (Drawing E2) and for both Phases 1 and 2 (Drawing E3). Exterior slope ratios will be 3H:1V. 3.3.9 Proposed Borrow Site - .0565 (3) (k) – Potential soil borrow sites are located across the unnamed tributary (north of the proposed LCID). 3.3.10 Sedimentation and Erosion Control - .0503 (2) (l) and (m) – Highlights of the E&SC plan prepared for the mine permit are shown in Drawings EC1 – EC6 . The plan was reviewed by the NC Division of Land Quality, Winston-Salem Regional Office and remains in force. 3.3.11 Test Boring Locations - .0565 (3) (n) – See Drawing S3. 3.3.12 Cross Sections - .0565 (3) (o) – See Drawings S3 and X1. 3.4 Operations Plan - .0565 (4) See Part 2 of this document for the complete Operations Plan - .0566 (1) - (16). 3.4.1 Responsible Parties - .0565 (4) (a) – Refer to the Operations Plan, Section 1.2.1 3.4.2 Projected Land Use - .0565 (4) (b) – Tentative plans for completion of the proposed LCID are to convert the relatively flatter cap areas (nominal 2% to 5% grades) to commercial/industrial uses, e.g., parking areas for trucks or equipment and relatively light- weight prefabricated steel structures. Alternatively, the cap areas might be utilized for stockpile areas for mulch or other short-term material storage activities. Such post-closure development will necessitate installation of a thicker than minimum soil cover on the caps to isolate the wastes. Redevelopment of the side slope areas is not anticipated. Post-closure maintenance shall be required to ensure proper waste coverage. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 11 Facility Plan 3.4.3 Systematic Development and Closure - .0565 (4) (c) – The Operations Plan will address a scheme for filling and incrementally closing side slopes, beginning in the eastern portion of the footprint and progressing westward. The main sediment basin (upgrade of an existing basin) will need to be installed prior to the landfill operations. Existing drainage swales and basins will be maintained in service as temporary features for as long as possible to spread out construction costs. The incremental closure of side slopes will proceed whenever an exterior slope has achieved final grades. Typically, exterior slopes will be closed in one- to two- acre increments. Vegetation will be established on all slopes as soon as the soil cover has been placed. The final closure will meet the regulatory minimum cover thickness requirement (12 inches). At some future time, the final cover plan may be modified to accommodate post- closure site development plans. 3.4.4 Waste Characterization - .0565 (4) (d) – The LCID shall only accept permitted waste streams, tentatively identified as land clearing wastes, inert debris (non-contaminated soil, rock, concrete, brick, block, other rubble), untreated wood, and yard wastes. No liquid or hazardous wastes will be accepted, nor will household garbage be disposed on-site. 3.4.5 Emergency Contingency Plan - .0565 (4) (e) – The primary emergency of concern, relative to landfill operations, involves fire and rescue. The Pinecroft-Sedgefield Fire Department, located at 2239 Bishop Road, is available for fighting fires. Stockpiles of soil shall be kept on-hand for fighting fires that might involve the waste. The mining operations on the premises have exhibited a good operational record with no documented fires. Section 3 of the Operations Plan presents a detailed contingency plan for inclement weather and other emergencies. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Table of Contents for Part 2 1 GENERAL FACILITY OPERATIONS - .0566 (1) ................................................................. 1 1.1 Overview ...................................................................................................................... 1 1.2 Contact Information ...................................................................................................... 1 1.3 Communications .......................................................................................................... 1 1.4 Fire and Safety ............................................................................................................ 2 1.5 Equipment Requirements............................................................................................. 3 1.6 Utilities ......................................................................................................................... 3 1.7 Record Keeping Program ............................................................................................. 3 1.8 Height Monitoring ......................................................................................................... 3 2 WASTE HANDLING AND DISPOSAL - .0566 (2) ............................................................... 4 2.1 Acceptable Wastes ...................................................................................................... 4 2.2 Prohibited Wastes ........................................................................................................ 4 2.3 Waste Screening Program ........................................................................................... 4 2.4 Disposal Operations ..................................................................................................... 5 2.5 Incremental Final Cover - .0566 (5) .............................................................................. 5 2.6 Erosion and Sedimentation Control - .0566 (6) ............................................................ 6 2.7 Vegetative Cover - .0566 (7) ........................................................................................ 6 2.8 Security - .0566 (8) ...................................................................................................... 6 2.9 Environmental Management ........................................................................................ 7 2.10 Best Management Practices - .0566 (14) ..................................................................... 7 2.11 Ground Water Monitoring - .0566 (15) ......................................................................... 8 2.12 Signage - .0566 (16) .................................................................................................... 8 3 CONTINGENCY PLAN ....................................................................................................... 8 3.1 Hazardous Waste ........................................................................................................ 8 3.2 Severe Weather ........................................................................................................... 9 3.3 Fire in the Facility ........................................................................................................10 Appendices 1 Original Permit Study 2 Waste Screening Form 3 Emergency Responders 4 Useful Agency Contacts 5 Fire Notification Form 6 Updated Title Deed Info 7 Current NPDES Permit Refer to the Facility Drawings that accompany this document Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 1 Operations Plan PART 2 – OPERATIONS PLAN 1 GENERAL FACILITY OPERATIONS - .0566 (1) 1.1 Overview This Operations Plan was prepared for the Viewmont Quarry LCID (Phases 1 and 2). The information contained herein was prepared to provide landfill personnel with a clear understanding of how the Design Engineer intended the facility to be operated. While deviations from the operation plan outlined here may be acceptable, significant changes should be reviewed and approved by the Design Engineer and the Solid Waste Section. 1.2 Contact Information For fire, medical, or police emergencies dial 911. All correspondence and questions concerning the operation of the Viewmont Quarry LCID shall be directed to the appropriate Staff and/or State personnel listed below. 1.2.1 Martin Marietta Materials, Inc. Mr. Jay Nivens 8701 Red Oak Blvd. Charlotte, NC 28217 Telephone 704-409-1475 For After Hours Emergencies: Phone: To be determined prior to Operations 1.2.2 North Carolina Department of Environmental Quality, Winston-Salem Regional Office Physical address: 450 Hanes Mill Road, Suite 300 Phone: (336) 776-9800 Winston-Salem, NC 27105 Fax: (336) 776-9797 Mailing address: 1646 Mail Service Center Raleigh, NC 27699-1646 http://deq.nc.gov/contact/regional-offices/winston-salem 1.3 Communications Radio communications, i.e., push-to-talk cell phones, or other electronic voice communication will be maintained between the operational staff and the gatehouse. Telephones are located at the gatehouse in case of emergency and for the conduct of day-to-day business. Emergency telephone numbers are displayed in the gatehouse. The primary emergency number is “911.” Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 2 Operations Plan 1.4 Fire and Safety 1.4.1 Fire Prevention – Fires within LCID landfills are a concern to the Solid Waste Section, due in part to health and safety issues for customers, staff and the neighbors, in addition to long-term air and water quality issues. The effort required to fight a major facility fire is costly and disruptive to operations. The Operator shall be vigilant about preventing fires and keeping access and resources available to fight fires. Portable fire extinguishers should be kept in all Facility vehicles and within the buildings. A combination of factory installed fire suppression systems and/or portable fire extinguishers shall be inspected periodically and kept operational on all heavy equipment. Fires within the landfill will be limited by the use of periodic cover soil and control of "hot" loads entering the landfill. An ample supply of soil shall be kept available for smothering a small fire, observing proper measures for erosion control. Access to undeveloped portions of the footprint (additional soil resources) shall be kept free of unnecessary debris. A daily “ride-through” shall be conducted to look for smoke – steam does not necessarily mean a fire is present, but continual steaming should be monitored and, if present, vents should be checked periodically for signs of charring or detectable heat. 1.4.2 Fire Control – If a fire breaks out, the Operator should take immediate steps to prevent harm to employees and customers. Small fires may be extinguished using on-site resources, if it is safe to do so. If the waste catches fire, efforts will be made to extinguish the fire by smothering it with dirt. Water is the least desirable means of fighting a landfill fire, but placing water on a small fire is acceptable. For larger or more serious outbreaks, the local fire department should be contacted by calling “911”. Additional guidance for response to a fire is provided in the Contingency Plan (Section 3.0). All fires should be reported immediately to the Area Solid Waste Specialist. A Fire Notification Form (Appendix 5) must be completed and submitted to the SWS within 24 hours. 1.4.3 Safety – All aspects of landfill operation should be conducted with the health and safety of the operating staff, customers, and neighbors in mind. A member of the staff should be designated as Site Safety Officer (SSO), who should undergo safety training in addition to a landfill operator’s training course. The SSO, together with the facility's management, will administer a comprehensive site safety and emergency response program to be consistent with Occupational Safety and Health Administration (OSHA) guidance. Safety equipment to be provided includes equipment rollover protective cabs, seat belts, audible reverse warning devices, hard hats, safety shoes, and first aid kits. Landfill personnel will be encouraged to complete the American Red Cross Basic First Aid Course. Hazards should be identified and communicated to personnel, such as the danger of operating equipment or vehicles on or near relatively steep slopes. Specific hazards may require mitigation, such as placing warning signs or barricades next to slopes where traffic is present. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 3 Operations Plan 1.5 Equipment Requirements The facility will maintain on-site equipment as required to perform the necessary landfill activities. Faulty equipment that constitutes a safety issue or jeopardizes the ability to operate the facility in compliance with applicable rules shall be repaired or replaced. Periodic maintenance of equipment and routine repair work will be performed at designated maintenance zones outside of the landfill. Emergency maintenance on broken down equipment that must occur within the disposal area should be monitored and/or protected with appropriate measures to prevent spills or leaks that could become water quality issues. Equipment and vehicle fueling shall be conducted to avoid spills. 1.6 Utilities Electrical power, water, telephone, and sanitary facilities will be provided at the gatehouse. 1.7 Record Keeping Program The Landfill staff shall maintain the following records related to the LCID landfill in a permanent operating record at the landfill: A Waste inspection records; B Daily intake records, including waste type and source; C List of generators and haulers that have attempted to dispose of restricted wastes; D Employee training procedures and records of training completed; E All closure and post-closure information, where applicable, including: 1. Testing; 2. Certification; and 3. Completion records. F Cost estimates for financial assurance documentation. The operating record shall be kept up to date by the Owner or his designee. These records shall be presented upon request to SWS for inspection. A copy of this Operations Manual shall be kept at the gatehouse and be available all times. All staff should be familiar with this manual. 1.8 Height Monitoring The landfill staff will monitor landfill top and side slope elevations on a weekly basis. This shall be accomplished by use of a surveyor’s level and a grade rod or other surveying methods. When such elevations approach the grades shown on the Final Cover Grading Plan, the final top-of-waste grades will be staked by a licensed surveyor to limit over-placement of waste. An annual survey of the landfill shall be performed to confirm that lines and grades are within the specified requirements and to facilitate a volumetric analysis of the airspace. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 4 Operations Plan 2 WASTE HANDLING AND DISPOSAL - .0566 (2) 2.1 Acceptable Wastes The LCID disposal facility shall only accept the following wastes: • Land Clearing and Inert Debris Waste (yard waste, stumps, trees, limbs, brush, grass, concrete, brick, concrete block, uncontaminated soils and rock, untreated and unpainted wood, etc.). • Other Wastes as Approved by the NCDEQ Solid Waste Section. 2.2 Prohibited Wastes No municipal solid waste (MSW), hazardous waste as defined by 15A NCAC 13A .0106, which can be viewed at the Division of Waste Management web site: www.wastenotnc.org, including hazardous waste from conditionally exempt small quantity generators, or liquid waste will be accepted at this facility. No polychlorinated biphenyl (PCB) waste will be accepted. No asbestos containing materials (ASM) or naturally occurring radioactive materials (NORM) will be accepted. No septage or putrescible materials will be accepted. Animal carcasses will not be accepted. Shingles will not be accepted except as incidental debris. The Owner will implement a waste screening program, described in Section 2.3, to control these types of waste. 2.3 Waste Screening Program In order to assure that prohibited wastes are not entering the facility, waste screening programs must been implemented. The incoming wastes are subject to screening inspections at the entrance gate and at the working face of the disposal area. Procedures for conducting the waste inspections are described briefly below. Detailed guidance on waste identification and the Waste Screening Form are located in Appendix 2. 2.3.1 Waste Receiving and Inspection – All vehicles must stop at the entrance gate. The attendant shall question each driver about the nature and source of the incoming materials and record the load. The gate attendant(s) may visually check the load if the vehicle or driver is unfamiliar. If visually inspecting the load does not provide a sufficient indication of its contents, or if the attendant becomes suspicious of a load, the vehicle should be directed to a designated unloading area (not on the working face) for detailed inspection. Vehicles shall be selected for random screening by the gate attendant at a minimum of once per month. The attendant shall alert the yard operators via radio with information on the incoming load, e.g., material type, truck description. Each incoming vehicle shall be unloaded at the direction of a Field Superintendent or a designee. These individuals should have specific training to recognize hazardous or otherwise banned materials. The Superintendent or designee shall be present when each vehicle is unloaded to make sure the material is acceptable. Vehicles shall be selected by the Superintendent for random screening at the designated unloading area a minimum of twice per week. All screening activities shall be recorded on the appropriate form. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 5 Operations Plan 2.3.2 Waste Load Rejection – If the screening identifies no banned materials, the waste load may be incorporated into the working face. If unacceptable materials are found during the random screenings, or at any other time, those materials shall not be allowed to enter the working face and one of several options shall be implemented. The offending materials may be isolated from the remainder of the load and placed into a suitable container, e.g., a roll-off box, for off-site disposal. The whole load might be rejected and transferred to a suitable container or reloaded into the delivery vehicle. The driver and/or owner of the vehicle might be compelled to remove the unacceptable materials. Ideally, unacceptable materials will be detected prior to unloading, or they will be reloaded onto the delivery vehicle and sent away (with directions to an appropriate facility). Any attempts to unload unacceptable materials at the Facility shall be documented by the operator. Repeat offenders may be banned from using the landfill, or law enforcement may be notified. 2.3.3 Hazardous Materials – If at any time material with strong odors, fumes, vapors, liquids, unusual colors or appearance, smoke, flame, or excess dust are detected, all operations shall be suspended and non-essential personnel cleared from the facility. Refer to Section 3.3. 2.4 Disposal Operations 2.4.1 Access – The location of access roads and staging areas near the working face will be directed by the Field Superintendent to maintain a safe and orderly waste placement strategy. The use of portable signs with directional arrows and portable traffic barricades along the access route to the working face will facilitate the unloading of wastes at proper locations. The Superintendent or the designee must be able to observe all unloading of waste. 2.4.2 Waste Placement - .0566(3) – On the working face, equipment operators shall observe the unloaded materials as they move the materials into the active disposal area. This provides another opportunity to detect inappropriate materials before they are incorporated into the landfill. All activities shall emphasize safety for the workers and customers. The waste shall be placed into the smallest area as feasible and compacted as densely as practical. Typically, the wastes should be spread out into 2 foot lifts and compacted on relatively flat slopes (i.e., 5H:1V max.) using a minimum number of three full passes. A maximum slope ratio of 3H:1V shall be observed at all times. The working face should be kept under an acre, unless provisions are made for placing periodic cover soil. 2.4.3 Periodic Soil Cover - .0566 (4) – At the completion of waste placement on a monthly basis or sooner if the working face exceeds one acre in size, a 6 inch layer of earthen material will be placed over the exposed waste. This periodic cover is intended to control vectors, fire, odors, and blowing debris. Alternative periodic covers are allowable with the prior approval of the SWS. Voids should be completely filled and no waste should be visible at the surface. 2.5 Incremental Final Cover - .0566 (5) Soil cover shall be applied at a minimum thickness of 12 inches within 120 calendar days to any completed stage of the landfill. This includes side slopes or areas that will become inactive and not receive additional waste for a period exceeding 120 days. The soil cover should be sloped Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 6 Operations Plan to promote positive drainage. Except for final exterior slopes, the soil cover may be stripped down to a thickness of 6 inches before placing additional waste. The planned construction sequence includes building final slopes to grade and applying vegetated final cover in approximately one-acre increments. 2.6 Erosion and Sedimentation Control - .0566 (6) An erosion and sedimentation control (E&SC) plan was provided with the original Permit Application for this facility. That submittal was reviewed and approved by the NCDEMLR Land Quality Section and remains in force. The plan describes the engineered features and practices for preventing erosion and controlling sedimentation at this site. The erosion and sediment control system consists of the following components: 1. Diversion Berms/Benches 2. Ditches 3. Down channels 4. Sediment Basin. The landfill side slopes are designed with 3H:1V slopes and diversion berms or benches placed at slope breaks and at approximately 30-foot vertical intervals. These features are designed to keep water volumes and velocities low enough to minimize erosion of the landfill cover. Maintenance of the cover system will involve periodic mowing and repair of any erosion problems and bare spots. These features will be inspected at least once a month and after any significant rainfall events. The down channels are designed to carry concentrated flows of surface water from the landfill surface. The down channels will be inspected at least once a month and after any significant rainfall event. Additional erosion control measures have been taken within the drainage channels and at points of storm water discharge. All final cover areas should be inspected regularly for erosion damage and promptly repaired. Storm water run-off from the LCID landfill Facility is conveyed to the existing sedimentation basin(s) located outside the disposal area footprint. The basin(s) should be inspected regularly for sediment build-up or erosion damage. The basin(s) should be cleaned out by excavating when sediments fill the lower half of the basin. 2.7 Vegetative Cover - .0566 (7) Ground cover shall be established within 20 days following completion of any phase of landfill development. Temporary mulch may be used in accordance with the E&SC plan. 2.8 Security - .0566 (8) 2.8.1 Physical Restraints – The site is accessible only by the main entrance along Viewmont Road. An attended scale house is located near the main entrance. Other potential access points are blocked by gates or barricades, and the rest of the site is isolated from the public by dense vegetation and/or steep topography. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 7 Operations Plan Access to the Facility will only be allowed when the attendant is on duty. Gates will be securely locked during non-operating hours. Frequent inspections of gates and fences will be performed by the staff. Evidence of trespassing, vandalism, or illegal disposal will be reported to the Owner, who will take appropriate steps to minimize such access. 2.8.2 All-Weather Access- .0566 (9) – The main entrance road and interior roads shall be maintained to allow access during inclement weather for emergencies (such as fighting a fire). 2.9 Environmental Management 2.9.1 Surface Water Diversion - .0566 (10) – Storm runoff from uphill areas shall be diverted away from the working face, and any areas where waste fill has occurred, via the use of ditches and/or soil berms. Such measures may be temporary or permanent in nature. Water shall not be allowed to run against or impound upon the waste. 2.9.2 Standing Water Prohibition - .0566 (11) – No waste shall be placed in open water bodies. Adequate drainage shall be maintained to promote positive drainage away from waste disposal areas. If water is impounded, it shall be removed prior to placing waste material. 2.9.3 Open Burning Prohibition - .0566 (12) – No open burning of solid waste shall be allowed. 2.9.4 Landfill Gas Control - .0566 (13) – Due to the nature of the waste disposed in this landfill, landfill gas control is not anticipated to be of concern. No methane monitoring is currently prescribed for this facility. However, future Solid Waste Rule changes might require that a monitoring plan for methane be incorporated into this Operations Plan. 2.9.5 Vector Control – Due to the nature of the waste disposed in this landfill, vector control will not be of concern. Note that the use of periodic cover will discourage animals from nesting in the waste. 2.9.6 Odor Control – Due to the nature of the waste disposed in this landfill, odor control is not typically of concern. 2.9.7 Dust Control – Dust related to traffic on the access roads will be minimized by using a water truck. Dust generated by excavation of cover soil will be limited by watering the cut areas as needed. Staff should avoid breathing in dust generated by the waste itself. Steps to minimize fugitive emissions, e.g., wind breaks or sprinkling water, shall be taken on windy days. 2.10 Best Management Practices - .0566 (14) Water that contacts solid waste is defined as “leachate”. For LCID wastes, the runoff is managed as storm water through conventional erosion and sedimentation control (E&SC) measures or, in cases where discharges to nutrient sensitive surface waters may be detrimental to water quality, additional measures may be required to meet applicable water quality standards. The LCID disposal unit has not been built and, thus, no additional measures or monitoring is anticipated to be required at this time. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 8 Operations Plan 2.11 Ground Water Monitoring - .0566 (15) At present, ground water monitoring is not required at LCID facilities. As such, no ground water wells or monitoring has been anticipated or included in this application. Should future regulations so warrant, a ground water monitoring plan will be prepared in accordance with SWS requirements, and the facility shall submit a future revision of this Operations Plan. 2.12 Signage - .0566 (16) A prominent sign containing the information required by SWS will be placed just inside the main gate. This sign will provide the name of the facility, the permit number, operating hours, acceptable and prohibited wastes, and emergency contact information. Additional signage will be provided within the facility to distinguish the roadway to the active disposal area. Service and maintenance roads will be clearly marked, and barriers (e.g., traffic cones, barrels, etc.) will be provided as required. 3 CONTINGENCY PLAN 3.1 Hazardous Waste Hazardous materials may arrive at the landfill due to a nefarious attempt at illegal disposal, or, more likely, these materials might be unintentionally mixed into a load or waste. Some wastes that are considered as hazardous or otherwise prohibited from the facility – even those that do not constitute an emergency – may require special handling by licensed contractors. If hazardous materials are detected during random screening or at any time during operations, this Hazardous Waste Contingency Plan will be implemented. Identification – Hazardous materials might be identified by unusual appearances, colors, odors, fumes, liquids escaping or the materials may be hot or burning. There may be warning labels on containers or unusual packaging. The staff should be suspicious of any materials that arrive in drums or black bags that prevent direct observation of the materials. In the event that identifiable hazardous waste or waste of questionable character is detected, protection of personnel shall take precedence. Responsibility – The Facility Manager should assess the situation and take appropriate steps to protect on-site personnel (primary) and the environment (secondary). The response should be commensurate with the nature of the incident. For most conceivable incidents, calling “911” followed by removal of the material is sufficient, but emergencies that constitute a threat to human health or the environment must also be anticipated. Contacts – Emergency responders may come from one of many organizations, i.e., local Fire Department or Haz-Mat Team has the expertise to safeguard the public and direct response activities. Typically, those entities arrive with a Scene Commander who shall take charge. Landfill staff shall follow the Scene Commander’s directions to assist or stay out of the way. In the event no Scene Commander is present, the Facility Manager, Field Superintendent or a designated member shall assume the role of responsibility and contact the appropriate authorities, depending on the nature of the emergency. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 9 Operations Plan A list of potential responders, such as clean-up firms and disposal facilities, is presented in Appendix 3. A list of government agency contacts is presented in Appendix 4, but the first contact should be “911” for life threatening situations, followed by contacting the Solid Waste Section specialist for all potential compliance issues. The onus is upon the Owner/Operator to make sure the staff knows how to respond to an emergency – before it happens. Facility Response – If hazardous materials are identified, these materials shall be prohibited from being unloaded, if possible, and the driver of the delivery vehicle made aware of options for legal disposal (see Appendices 3 and 4). If hazardous materials are detected prior to unloading, the delivery vehicle shall be isolated and appropriate emergency response personnel called in. The Operator will notify the Solid Waste Section that an attempt was made to dispose of hazardous waste at the facility. If the vehicle has been unloaded, Operations shall be suspended and the affected area shall be cleared of personnel until qualified response personnel arrive. If safe to do so, the area should be isolated by blocking the nearest runoff conveyances (with soil) to prevent contaminated runoff from entering the stormwater basin. No attempt will be made to remove the material until trained emergency personnel (fire department or haz-mat team) arrive. If the driver of a vehicle attempting to dispose (or having had disposed) of such waste is uncooperative, the vehicle should be prevented from leaving the site until it is identified (license tag, truck number driver and/or company information). If the vehicle leaves the site, the Operator shall notify law enforcement and the owner of the vehicle should be contacted. Hot Loads – If a “hot load” enters the facility, this is treated as a fire. The vehicle will be directed to an isolated and unloaded immediately (if safe to do so), then the vehicle and driver shall be moved to safety and the fire department shall be called. Record Keeping – All hazardous material incidents require notification of the Solid Waste Section (see Section 1.2.2). The incident shall be documented using the Waste Screening Form provided in Appendix 2 and placing the completed form in the Operational Record. 3.2 Severe Weather Severe weather events can directly affect the operation of the facility. Some typical weather related conditions and recommended operational responses are as follows. 3.1.1 Ice Storms – An ice storm can hinder access and prevent safe movement of equipment. Closure of the landfill may be required until the ice is melted or removed. 3.1.2 Heavy Rains – Exposed soil surfaces when wet can hinder equipment mobility and pose a safety hazard. Proper drainage control and the use of aggregate on unpaved roads should be observed to provide all-weather access and to control runoff. If an aggregate surface is eroded or damaged, repairs should be made as soon as possible. Intense rains can erode newly constructed drainage measures, e.g., channels, diversion berms, and cover soils. These surfaces should be protected with ground cover. Following a significant rain event, i.e., one-half inch or more, the staff should inspect the measures and make repairs prior to the next rainfall. 3.1.3 Electrical Storms – The open areas of the facility are susceptible to the hazards of an electrical storm. If necessary, facility activities will cease during such an event, and refuge Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Page 10 Operations Plan should be taken within buildings or in rubber-tire vehicles. Personnel should avoid metal objects, open spaces, and water bodies during such events. 3.1.4 Windy Conditions – Blowing debris can constitute safety hazards and/or environmental concerns. Normally, this authorized waste stream should not be susceptible to light wind, but high winds could blow smaller debris. Daily operations should minimize exposure to prevailing winds – operations should be sheltered by locating activities on the lee-side of slopes and other natural wind barriers. The work area may need to be shifted to a more sheltered area. 3.1.5 Violent Storms – In the event of a hurricane, tornado, or severe winter storm warning, facility operations should temporarily cease until the warning is lifted. If there is adequate time, soil cover should be placed on exposed waste. If there is eminent danger to staff, personal safety shall take precedence over concerns regarding the waste or equipment. The operation staff should monitor appropriate media for severe weather alerts. 3.3 Fire in the Facility The waste may compost under normal circumstances and attain sufficient temperatures to combust. Early signs of fires in the LCID may be smoke or charring observed at “vents” (cracks in the surface). It is normal to see steam rising from the waste, especially on cold mornings – this does not necessarily indicate a fire, but areas of frequent steaming should be watched closely. In the event of an actual fire, steps should be taken to safeguard site workers and the public, notifying the fire department and the Solid Waste Section specialist. 3.2.1 Minor Fires – The possibility of a brush fire or a piece of equipment must be anticipated. A combination of factory installed fire suppression systems and/or portable fire extinguishers shall be operational on all heavy pieces of equipment at all times. Spreading dirt or using water on a small surface fire is effective. For larger or more serious outbreaks, call the local fire department. 3.2.2 Hot Loads – The gate attendant shall prevent vehicles containing waste that is suspected to be hot, e.g., smoldering or smoking. If a "hot" load is detected at the entrance gate, the driver shall be directed to an isolated location away from the public (but accessible to firefighting equipment). The driver shall dump the load on the ground and move the truck to a safe location – emphasis shall first be placed on the driver and staff’s safety, and then the truck, if safe enough to do so. If a hot load is placed on the working face, then the load will be spread as thin as possible and cover soil will be immediately placed on the waste to extinguish the fire. The working face shall be closely monitored for fires. 3.2.3 Major Fires – If the waste catches fire, efforts will be made to extinguish the fire before it grows out of control. The most effective means of combating a fire in the waste is to carefully excavate the fire and smother it with dirt. Stockpiles of dirt should be kept on hand during the operational phases. Water is the least desirable means of fighting a large landfill fire. The application of water has not proven to be an effective means of extinguishing deep fires in LCID landfills, and runoff water from a landfill fire will become a water quality issue. All fires should be reported to the Solid Waste Section Area Specialist (see Appendix 5). Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 1 Original Permit Study Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 2 Waste Screening Form WASTE SCREENING FORM Facility I.D. __________________ Permit No. __________________ Day / Date: ______________________ Time Weighed in: ______________________ Truck Owner: ______________________ Driver Name: ______________________ Truck Type: ______________________ Vehicle ID/Tag No: ______________________ Weight: ______________________ Tare: ______________________ Waste Generator / Source: _________________________________________________________________ Inspection Location: _________________________________________________________________ Reason Load Inspected: Random Inspection _______ Staff Initials ________ Detained at Scales _______ Staff Initials ________ Detained by Field Staff _______ Staff Initials ________ Description of Load: _________________________________________________________________ ______________________________________________________________________________________ Approved Waste Determination Form Present? (Check one) Yes______ No ______ N/A____ Load Accepted (signature) _______________________________ Date _______________ Load Not Accepted (signature) _______________________________ Date _______________ Reason Load Not Accepted (complete below only if load not accepted) _____________________________ Description of Suspicious Contents: Color ________ Haz. Waste Markings ___________ Texture ________ Odor/Fumes___________________ Drums Present ________ Other ________________________ (describe)_____________________ Est. Cu. Yds. Present in Load ________ Est. Tons Present in Load ________ Identified Hazardous Materials Present:______________________________________________________ County Emergency Management Authority Contacted? Yes______ No ______ Generator Authority Contacted? _________________________________________________________ Hauler Notified (check if waste not accepted)? ____ Phone ______________ Time Contacted ________ Final Disposition of Load _________________________________________________________________ Signed ___________________________________________Date ________________________ Solid Waste Director Attach related correspondence to this form. File completed form in Operating Record. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 3 Emergency Responders HAZARDOUS WASTE CONTACTS The following contacts were originally found on NC DENR Division of Waste Management’s web site in early 2007; since then, local phone numbers have been updated based on internet research. Facility management should verify the availability of these contacts before an emergency. The reference listing of these organizations here is not an endorsement by either the Division or the preparer of this document, nor are any affiliations in existence or implied. For more information refer to the respective URL’s. EMERGENCY RESPONSE Clean Harbours Reidsville, NC 336-342-6107 www.cleanharbors.com GARCO, Inc.Asheboro, NC 336-683-0911 www.egarco.com Safety-Kleen Reidsville, NC 336-669-5562 (a.k.a. Clean Harbours) Zebra Environmental Services High Point, NC 336-841-5276 www.zebraenviro.com TRANSPORTERS ECOFLO Greensboro, NC 336-855-7925 www.ecoflo.com GARCO, Inc.Asheboro, NC 336-683-0911 Zebra Environmental Services High Point, NC 336-841-5276 USED OIL AND ANTIFREEZE 3RC Resource Recovery Winston-Salem, NC 336-784-4300 Carolina Environmental Associates Burlington, NC 336-299-0058 Environmental Recycling Alternatives High Point, NC 336-905-7231 FLUORESCENT HANDLERS 3RC Resource Recovery Winston-Salem, NC 336-784-4300 Carolina Environmental Associates Burlington, NC 336-299-0058 ECOFLO Greensboro, NC 336-855-7925 GARCO, Inc.Asheboro, NC 336-683-0911 Safety-Kleen Reidsville, NC 800-334-5953 PCB DISPOSAL ECOFLO Greensboro, NC 336-855-7925 GARCO, Inc.Asheboro, NC 336-683-0911 Zebra Environmental Services High Point, NC 336-841-5276 Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 4 Useful Agency Contacts U S E F U L A G E N C I E S a n d C O N T A C T S Air Permits NCDEQ Div. of Air Quality 919-707-8400 http://deq.nc.gov/about/divisions /air-quality Asbestos https://deq.nc.gov/about/division s/environmental-assistance- customer-service/deacs-permit- guidance/faq#top Asphalt Shingle Recycling https://deq.nc.gov/conservation/ recycling/asphalt-shingle- recycling Brownfields https://deq.nc.gov/about/division s/waste-management/waste- management-rules/brownsfields- program-statutes Chemical Spills NC Emergency Operations Center 1-858-0368 http://www.ncdps.gov/hazardous -materials Contaminated Soil https://ncdenr.s3.amazonaws.co m/s3fs-public/Waste %20Management/DWM/HW/Gui dance%20Document%20table%2 0documents/2015/Contained Dry-Cleaning Solvents https://deq.nc.gov/about/division s/waste-management/waste- management-rules/dry-cleaning- solvent-act-program Drinking Water Div. of Water Resources Public Water Supply Section 919-707-9100 https://deq.nc.gov/about/division s/water-resources/drinking-water Electronics** https://deq.nc.gov/conservation/ recycling/asphalt-shingle- recycling Environmental Assistance NC Department of Environmental Quality 877-623-6748 http://deq.nc.gov/contact Environmental Emergency NC Department of Environmental Quality 800-858-0368 http://deq.nc.gov/contact Erosion & Sedimentation* Div. of Energy, Mineral and Land Resources 919-807-6378 http://deq.nc.gov/about/divisions /energy-mineral-land- resources/erosion-sediment- control Fluorescent Lights ** https://deq.nc.gov/conservation/ recycling/fluorescent-lights Freon https://deq.nc.gov/about/division s/environmental-assistance- customer-service/deacs-permit- guidance/faq#freon Groundwater* Div. of Water Resources Water Planning Section 919-707-9015 https://deq.nc.gov/about/division s/waterresources/planning/classif ication-standards/groundwater- standards Federal Motor Carrier Safety Administration https://www.fmcsa.dot.gov/regul ations/hazardous-materials/how- comply-federal-hazardous- materials-regulations Hazardous Waste* https://deq.nc.gov/about/division s/waste-management/waste- management-rules/hazardous- waste-rules Household Hazardous Waste https://deq.nc.gov/about/division s/environmental-assistance- customer-service/deacs-permit- guidance/faq#hazardouswaste Lead Abatement https://deq.nc.gov/about/division s/environmental-assistance- customer-service/deacs-permit- guidance/faq#leadpaint Medical Waste https://deq.nc.gov/about/division s/waste-management/waste- management-rules/medical- waste NORM http://www.astswmo.org/Files/P olicies_and_Publications/Material s_Management/State%20Statute s%20and%20Regulations%20on% 20TENORM%20Final%20Dec2014. pdf Oil Filters** https://deq.nc.gov/conservation/ recycling/oil-filters OSHA Training & Outreach NC Dept. of Labor http://www.nclabor.com/osha/os h.htm PCBs** http://epi.publichealth.nc.gov/oe e/a_z/pcbs.html Pesticides Disposal https://deq.nc.gov/about/division s/environmental-assistance- customer-service/deacs-permit- guidance/faq#Pesticides Petroleum Product http://deq.nc.gov/about/divisions /waste- management/underground- storage-tanks-section Plastic Bottles** https://deq.nc.gov/conservation/ recycling/plastic-bottles Scrap Tires** https://deq.nc.gov/about/division s/waste-management/waste- management-rules/scrap-tires Septage** https://deq.nc.gov/about/division s/waste-management/waste- management-rules/septage Site Remediation https://deq.nc.gov/about/division s/waste-management/waste- management-permit- guidance/hazardous-waste- section-technical-assistance- education-guidance/guidance- documents Solid Waste Rules https://deq.nc.gov/about/division s/waste-management/waste- management-rules/solid-waste- rules Stormwater* Div. of Energy, Mineral and Land Resources 919-807-6378 http://deq.nc.gov/about/divisions /energy-mineral-land- resources/stormwater Superfund Rules https://deq.nc.gov/about/division s/waste-management/waste- management-rules/superfund- section-statutes Transportation of Hazardous Waste https://www.ncdot.gov/DOH/ope rations/dp_chief_eng/roadside/e nvoperations/specific_operations /hazardous.html Underground Storage Tanks https://deq.nc.gov/about/division s/waste-management/waste- management-rules/underground- storage-tanks-rules Water Quality* Div. of Water Resources 401 & Buffer Permitting 919-807-6360 http://deq.nc.gov/about/divisions/wa ter-resources/water-resources- permits/wastewater-branch/401- wetlands-buffer-permits White Goods** https://deq.nc.gov/about/division s/waste-management/waste- management-rules/white-goods Wooden Pallets** https://deq.nc.gov/conservation/ recycling/wooden-pallets *Refer to NCDEQ Regional Office for regulatory assistance http://deq.nc.gov/contact/regional-offices **Item banned from disposal in landfills The foregoing is a partial list of references that might be of use to Owner/Operators of landfills and transfer stations. This information was researched from on-line data and is believed to be accurate, however this information may change without notice and should not be construed to have any bearing on permit requirements for this facility Current as of 1/16/2017 FOR INFORMATION PURPOSES ONLY http://deq.nc.gov/about/divisions/waste-management/waste- management-permit-guidance/hazardous-waste-section-technical- assistance-education-guidance Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 5 Fire Notification Form FIRE OCCURRENCE NOTIFICATION NC DENR Division of Waste Management Solid Waste Section The Solid Waste Rules [15A NCAC 13B, Section 1626(5)(d) and Section .0505(10)(c)] require verbal notification within 24 hours and submission of a written notification within 15 days of the occurrence. The completion of this form shall satisfy that requirement. (If additional space is needed, use back of this form) NAME OF FACILITY: ______________________ PERMIT #_______________ DATE AND TIME OF FIRE ________/_____/_____ @ _____: ____ AM / PM (circle one) HOW WAS THE FIRE REPORTED AND BY WHOM ______________________________________ ___________________________________________________________________________________ LIST ACTIONS TAKEN_______________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ WHAT WAS THE CAUSE OF THE FIRE_________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ DESCRIBE AREA, TYPE, AND AMOUNT OF WASTE INVOLVED__________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ WHAT COULD HAVE BEEN DONE TO PREVENT THIS FIRE______________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ CURRENT STATUS OF FIRE __________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ DESCRIBE PLAN OF ACTIONS TO PREVENT FUTURE INCIDENTS: _______________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ NAME_______________________TITLE__________________________DATE_______________ THIS SECTION TO BE COMPLETED BY SOLID WASTE SECTION REGIONAL STAFF DATE RECEIVED____________________________ List any factors not listed that might have contributed to the fire or that might prevent occurrence of future fires: ___________________________________________________________________________________ ___________________________________________________________________________________ FOLLOW-UP REQUIRED: † NO † PHONE CALL † SUBMITTAL † MEETING † RETURN VISIT BY:____________________ (DATE) ACTIONS TAKEN OR REQUIRED: Revised 6/29/01 Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 6 Updated Title Deed Info Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 7 Current NPDES Permit STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020635 STORMWATER AND WASTEWATER 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, Martin Marietta Materials Inc is hereby authorized to discharge stormwater and/or wastewater, as provided in the original Certificate of Coverage (COC), or subsequent COC modification, from a facility located at: Viewmont Quarry 4052 Viewmont Rd Greensboro Guilford County to receiving waters designated as Hickory Creek, class WS-IV:* water(s) in the Cape Fear River Basin(s) in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This Certificate of Coverage shall become effective October 1, 2015. This Certificate of Coverage shall remain effective for the duration of the General Permit. Signed this day October 1, 2015. ______________________________________________ for Tracy E. Davis, P.E., CPM Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Page 1 of 1Certificate of Coverage 10/23/2015http://portal.ncdenr.org/web/lr/2015-erenewal STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters, from active and inactive mining sites, in accordance with the terms and conditions set forth herein. Coverage under this General Permit is applicable to: i Stormwater point source discharges associated with mining and quarrying of non- metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance; i Authorized wastewater point source discharges from mining operations; i Operation of wastewater treatment systems; i Stormwater and/or wastewater point source discharges from like industrial activities deemed by The Division of Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, final products, or waste products. Coverage under this General Permit is not applicable to: i Borrow Pits covered by the DOT statewide stormwater permit, i Peat Mining, i Coal Mining, i Metal Mining, i Oil and Gas Extraction Operations, and i Wastewater not specifically designated in this permit. The General Permit shall become effective on October 1, 2015. The General Permit shall expire at midnight on September 30, 2020. Signed this 30th day of September, 2015. Original signed by Tracy E. Davis Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission Permit No. NCG020000 i TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART II OPERATION OF A TREATMENT FACILITY PART III STORMWATER POLLUTION PREVENTION PLAN (SPPP) PART IV MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Discharges – Analytical Monitoring Requirements Section B: Stormwater Discharges – On-Site Vehicle Maintenance Monitoring Requirements Section C: Stormwater Discharges – Qualitative Monitoring Requirements Section D: Wastewater Discharges – Analytical Monitoring Requirements and Effluent Limitations Section E: BMP Conditions and Residuals Management PART V STANDARD CONDITIONS FOR NPDES GENERAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested Permit No. NCG020000 ii 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions 8. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities at Mine Sites 4. Bypassing of Wastewater Treatment Facilities at Mine Sites Section D: Monitoring and Records l. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART VI DEFINITIONS Permit No. NCG020000 Parts I-II Page 1 of 3 PART I – INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Energy, Mineral, and Land Resources (DEMLR) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity, mine dewatering wastewater, or authorized process wastewater that has a point source discharge to the surface waters of the state. This General Permit is applicable to mining and quarrying of nonmetallic minerals (except fuels) including borrow pits (that would not be covered under the statewide DOT stormwater permit) and active or inactive mines that discharge stormwater contaminated with, or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater from processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is established. A TMDL sets a pollutant-loading limit that affects a watershed, or portion of a watershed, draining to an impaired water. For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If the Division determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit. Once that individual permit is effective, the facility will no longer have coverage under this General Permit. [Note the permittee must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Location Map or Site Map, as outlined in the Stormwater Pollution Prevention Plan (SPPP), Part III. A list of approved TMDLs for the state of North Carolina can be found at http://portal.ncdenr.org/web/wq/ps/mtu/tmdl.] Permit No. NCG020000 Parts I-II Page 2 of 3 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater, mine dewatering, and process wastewater to the surface waters of North Carolina or a separate storm sewer system which has been treated and managed in accordance with the terms and conditions of this General Permit and the requirements of the permittee’s Certificate of Coverage (COC). The permittee’s COC is hereby incorporated by reference into this General Permit. Any violation of the COC is a violation of this General Permit and subject to enforcement action as provided in the General Permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 2H .0500. If mining activities will expand or change such that the types of discharges are affected, the permittee must first contact DEMLR’s Stormwater Permitting Program to determine if modifications to the COC are necessary. The permittee is also responsible for contacting DEMLR if modifications to the Mining Permit are necessary, as compliance with the Mining Permit is a stipulation of this permit. This permit does not relieve the permittee’s responsibility for compliance with any other applicable federal, state or local law, rule, standard, ordinance, order or decree. Permit No. NCG020000 Parts I-II Page 3 of 3 PART II –OPERATION OF A TREATMENT FACILITY Mining operations involving construction and operation of existing, new, and expanding wastewater treatment facilities for mine dewatering or process wastewater (such as saw water, wash water, etc.) shall be subject to the following operational requirements. 1. Operation and maintenance of treatment facilities must be in accordance with the requirements in this General Permit. For the purposes of this permit no documentation other than a signed Certificate of Coverage (COC) is required to operate a treatment facility. 2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in Part V, Section C.4 and Part V, Section E.8. 3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance conditions, the permittee shall take immediate corrective action, including those actions that may be required by the North Carolina Department of Environmental Quality (NC DEQ, formerly NC DENR), such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this permit shall not relieve the permittee of the responsibility for damages to surface waters of the State resulting from the operation of a treatment facility. 5. Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. 6. Any groundwater quality monitoring, as deemed reasonably necessary by NC DEQ, shall be provided. 7. Flocculants evaluated by NC DEQ may be used if administered in accordance with maximum application doses and any other current requirements. No other chemical flocculants shall be used in the treatment facility without written authorization from the Division. Evaluated Polyacrylamide (PAMS) information can be found on the Stormwater Permitting Program website. 8. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part IV, Section D of this permit. Permit No. NCG020000 Part III Page 1 of 5 PART III – STORMWATER POLLUTION AND PREVENTION PLAN (SPPP) The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP shall be considered public information in accordance with Part V, Standard Conditions for NPDES General Permits, Section E, Paragraph 3 of this General Permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and latitude and longitude of the point(s) of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state’s 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameter(s) of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls and wastewater discharge outfalls; all on-site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs) with design capacities; and permanent impervious surfaces, such as roads or process areas that are unlikely to change frequently. The site map shall include a graphic scale indication and north arrow. In addition, the following industrial activity areas must also be identified on the site map: fueling, vehicle maintenance and repair, washing of materials or equipment. (d) A list of significant spills or leaks of pollutants that have occurred during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re-certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. If non-stormwater discharges are present, the permittee shall identify the source and record whether the discharge is otherwise permitted (by rule or a different permit). The permittee shall evaluate the environmental significance of the non- stormwater discharges and include a summary written record with the certification. Permit No. NCG020000 Part III Page 2 of 5 The certification statement and summary written record shall be retained with the SPPP, and shall be dated and signed in accordance with the requirements found in Part V, Standard Conditions for NPDES General Permits, Section B, Paragraph 5. 2. Erosion and Sedimentation Control. The permittee shall implement the management practices and the erosion and sedimentation control measures that are included in the mining permit or erosion and sedimentation control permit issued by the Division of Energy, Mineral, and Land Resources (DEMLR). Compliance with the DEMLR issued Mining Permit is considered a requirement of this General Permit. Any deviation from the Mining Permit and/or Erosion and Sedimentation Control Permit, or amendments to the issued permit, that impacts water quality shall constitute a violation of the terms and conditions of this General Permit. All erosion and sediment controls shall be inspected, and a respective written record of repairs and maintenance shall be available to DEMLR inspectors. A signed copy of the issued Mining Permit, including the approved erosion and sedimentation control measures and the reclamation plan, shall be maintained on the site at all times. Once an area is released by DEMLR in accordance with NC G.S. Chapter 74, Article 7, it shall no longer be subject to this General Permit. 3. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater and the transport of significant materials by stormwater, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Management of Stormwater Runoff and Runon. The permittee shall maintain stormwater BMPs for mine excavation and disturbance areas, process areas, and any other areas associated with mining or vehicle maintenance activities. In addition, controls should be used to limit or isolate selected land disturbance and process areas and limit the amount of off-site stormwater runon to those areas. Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage stormwater runoff and runon in a manner that reduces pollutants in stormwater discharges leaving the site. Appropriate BMPs may include but are not limited to: vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). (b) BMP Controls Inspection and Maintenance. BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days, unless the site is inactive. All inspections and BMP repairs shall be documented by written record. Reduced BMP Inspections for inactive mines: Dormant Site Status is available for inactive mines that have suspended all industrial activities, and if the permittee has certified to DEMLR’s Stormwater Permitting Program that all portions of the site where clearing, grading, and/or excavation activities have occurred have been stabilized with vegetation. Under dormant status the permittee may conduct BMP inspections once a month. The permittee shall send written certification to the DEMLR Regional Office that the site is inactive, and the Regional Office may grant reduced BMP inspection frequency on the basis of the permittee’s certification. The permitted site may be subject to an inspection for verification. The DEMLR Regional Office will provide confirmation of dormant status and expected BMP inspection frequency in writing to the permittee. Permit No. NCG020000 Part III Page 3 of 5 In addition, also under dormant status but only upon a favorable site inspection by the Regional Office, the Regional Office Engineer may exempt the permittee from weekly and monthly BMP inspections in writing if stormwater structural BMPs have been removed and the Regional Office determines that structural BMPs are not necessary because of sufficient site stabilization. However, the permittee must still perform an annual inspection as part of the SPPP Annual Update outlined in 8. of this section. In either case, the permittee shall notify the Regional Office prior to resuming industrial activities at an inactive mine. A rain gauge and monitoring records are to be kept on site. BMPs shall be operated and maintained. BMPs must be cleaned out when sediment storage capacity is at 50 percent of the design sediment volume. If visible sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation shall be recorded with a brief explanation of measures taken to prevent future releases, as well as any measures taken to remove the sediment that has left the site. Visible sedimentation records shall be kept onsite. All other stormwater specific controls (e.g. oil/water separators) shall be inspected and qualitatively monitored (as per Part IV. C) on a semi-annual schedule. A log of all sampling data, including activities taken to implement BMPs associated with vehicle maintenance activities, shall be maintained and incorporated into the SPPP and kept onsite and available for inspection purposes. These items shall be available for the duration of the permit term and made available to the Director upon request. These data shall be sent to the Regional Office upon request. (c) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials including petroleum products; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices, which shall be secured closed with a locking mechanism. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens, and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For the purposes of effective stormwater pollution prevention, the SPPP is intended to be broader and more comprehensive than a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC). For facilities subject to a federal SPCC Plan, any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. 4. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the Permit No. NCG020000 Part III Page 4 of 5 procedures. A responsible person shall be on-site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure Plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 5. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall ensure equipment used during mining activity on a site must be operated and maintained to prevent potential pollution of the surface water or groundwaters of the state. Fuels, lubricants, coolants, hydraulic fluids, or any other petroleum products shall not be discharged on the ground or into surface waters. Spent lubricants and fuels shall be disposed of properly and in accordance with applicable federal disposal regulations. Spilled fluids shall be cleaned up to the maximum extent practicable and properly disposed of to prevent entry to surface waters or groundwaters of the state. The program shall establish schedules of inspections, maintenance, and housekeeping measures for vehicle maintenance and industrial activity areas (including material storage and handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), where not already addressed under another element of the SPPP. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Additional required training items include: used oil management, spent solvent management, and fueling procedures. The annual training shall be documented by the signature and printed or typed name of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. All aspects of the SPPP shall be reviewed and updated on an annual basis. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. The annual update shall include at a minimum: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re-certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on-site stormwater BMPs; (d) a review and comparison of sample analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division’s Annual Summary Data Monitoring Report (DMR) Permit No. NCG020000 Part III Page 5 of 5 form, available from the Stormwater Permitting Program’s website (See ‘Monitoring Forms’ here: http://portal.ncdenr.org/web/lr/npdes-stormwater). (e) a comparison of the permittee’s estimate or record of the past year’s average daily and maximum daily wastewater flow rates with the permittee’s estimate of the coming year’s average daily and maximum daily wastewater flow rates, taking into account any changes in the mine footprint or operational procedures anticipated in the coming year. For any anticipated increased wastewater discharges into receiving waters classified as HQW or ORW, the permittee shall compare the estimated increased discharge flow rates to 50 percent of the receiving water 7Q10. (See Table 8, Footnote 7.) The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part V, Section B, Paragraph 5) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater that comes in contact with any overburden that is not stabilized, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this permit. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on- site for a period of five (5) years and made available to the Director or the Director’s authorized representative immediately upon request. Permit No. NCG020000 Part IV Page 1 of 12 Pages PART IV – MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER DISCHARGES – ANALYTICAL MONITORING REQUIREMENTS Regulated industrial stormwater discharges are discharges of stormwater-only flows from mining activity areas, including (but not limited to) areas of mine excavation, other land disturbance, process areas, and vehicle maintenance. This section does not apply to wastewater discharges from mine dewatering and process areas. Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables 1 through 3. Monitoring Exemption Analytical monitoring is not required for any basin or pond designed to contain the 25-year, 24- hour storm (see Part VI, Definitions) without discharging, and that can regain capacity to hold such an event within five (5) days’ time through means other than discharge to surface waters. A basin or pond that meets this provision is considered a non-discharging stormwater control measure. All analytical monitoring shall be performed during a measurable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event for the purposes of this General Permit is a storm event that results in an actual discharge from the permitted site outfall. The time between this storm event and the previous measureable storm event must be at least 48 hours. See Definitions. Table 1 Analytical Monitoring Requirements for Stormwater Discharges from Mining Activities Discharge Characteristics Units Measurement Frequency1 Sample Type2 Sample Location3 Settleable Solids ml/l Semi-annual Grab SDO Total Suspended Solids mg/l Semi-annual Grab SDO Turbidity4 NTU Semi-annual Grab SDO, U & D4 Total Rainfall5 inches Semi-annual -- -- Footnotes: 1. Measurement Frequency: Twice per year (unless other provisions of this permit require monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous General Permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin sampling within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division’s letter granting ROS shall be kept on site with the SPPP. 4. Turbidity must be monitored at the stormwater discharge outfall (SDO). In addition to the SDO, the permittee may elect to also monitor turbidity in the receiving water, directly upstream (U) and Permit No. NCG020000 Part IV Page 2 of 12 Pages downstream (D) of the stormwater discharge outfall or group of outfalls to demonstrate the discharge has not caused a water quality standard violation of turbidity. If SDO turbidity level exceeds the benchmark, and the permittee cannot demonstrate the discharge has not caused a violation of the instream water quality standard, the Division may require the permittee to monitor turbidity up- and downstream as part of a Tier 2 or 3 response. 5. For each sampled measureable storm event the total precipitation must be recorded. An on-site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. Sampling is not required outside of the facility’s normal operating hours (unless the mine is inactive). A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under other requirements of this permit. Table 2 Monitoring Schedule Semi-annual Monitoring Events1,2 Start Date (All Years)3 End Date (All Years) 3 Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes: 1. Maintain semi-annual monitoring during permit renewal process (unless other provisions of this permit require monthly sampling). If at the expiration of the General Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate of Coverage (COC) is issued. 2. If no discharge occurs during the sampling period, the permittee must record “No Flow” or “No Discharge” within 30 days of the end of the sampling period in the facility’s monitoring records. “No Flow” or “No Discharge” shall be reported on the Annual Summary Discharge Monitoring Report (DMR) due by March 1. 3. Monitoring periods remain constant throughout the five-year term of the General Permit. For permittees continuing with renewed coverage under this General Permit, Year 1 begins in Period 2 on October 1, 2015, and for all permittees Year 5 - Period 2 ends on September 30, 2020. In all cases, the permittee shall report the analytical results from each sample within the monitoring period (as specified in Part V, Standard Conditions, Section E) once a year (by March 1). The permittee shall compare those results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. Sample results that exceed benchmark values must be submitted no later than 30 days from the date the facility receives the sampling results (see Part V, Section E). Note that Tier 1 and Tier 2 responses for turbidity benchmark exceedances are specifically outlined below Table 3 and differ from the Tier structure on page 4 of Part IV. Permit No. NCG020000 Part IV Page 3 of 12 Pages Table 3 Benchmark Values for Stormwater Discharges Discharge Characteristics Benchmark Values Settleable Solids 0.1 ml/l Total Suspended Solids (TSS) 100 mg/l TSS (ORW, HQW, trout, and PNA waters) 50 mg/l Turbidity 50 NTU (See below) Turbidity (lakes, reservoirs, salt waters) 25 NTU (See below) Turbidity (freshwater streams, lakes, reservoirs designated as trout waters) 10 NTU (See below) The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters); 25 NTU (all lakes and reservoirs, and all salt waters); 50 NTU (all other streams and surface waters). If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased as a result of the stormwater discharges. The benchmark values in Table 3 are not enforceable permit limits. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedances as outlined in this permit is a violation of permit conditions. The benchmarks are intended to reduce polluted discharges by triggering the permittee’s required response actions under Tiers One, Two, and Three. See below the descriptions of Tiers One, Two, and Three response actions (Standard “Tier Three” also applies to turbidity). Tier One Response for Turbidity If the first valid sampling result required for the monitoring period is above the turbidity benchmark at any outfall, and the permittee cannot demonstrate the discharge has not caused or contributed to a Water Quality Standard violation with up- and downstream sampling results, then the permittee shall: 1. Identify and evaluate possible causes of the benchmark exceedance within one week of receiving sample results. 2. Identify and implement feasible actions to improve turbidity levels in the discharge within one month. 3. Record each instance of a Tier One response for turbidity in the SPPP. Tier Two Response for Turbidity If the first valid sampling results required from two consecutive monitoring periods (omitting periods with no discharge) are above the turbidity benchmark at any specific outfall, and the permittee cannot demonstrate the discharge has not caused or contributed to a Water Quality Standard violation with up- and downstream sampling results, then the permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Contact the DEMLR Regional Office Engineer as provided below in Tier Three. The Regional Office Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including requiring the permittee to sample up- and downstream of the SDO or group of SDOs. The Regional Office may work with the permittee to designate appropriate instream sampling points and document that determination. The permittee will be considered to be obligated under the Tier Three provisions. 3. Record each instance of a Tier Two response for turbidity in the SPPP. Permit No. NCG020000 Part IV Page 4 of 12 Pages Tier One If: The first valid sampling results required for the monitoring period are above a benchmark value for any parameter except turbidity at any outfall, Then: The permittee shall: 1. Conduct a stormwater management inspection within two weeks of receiving the sample results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected feasible actions, and the date the selected feasible actions were implemented. 6. Note: Exceedances for a different parameter separately trigger the tiered response requirements. Tier Two If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values for any specific parameter except turbidity at a specific discharge outfall, Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and monthly reporting for all parameters (including turbidity) at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating “No Flow” to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may exercise the option of contacting the DEMLR Regional Office Engineer as provided below in Tier Three. The Regional Office Engineer may direct the response actions on the part of the permittee as provided in Tier Three. The permittee will be considered to be obligated under the Tier Three provisions. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit COC renewal process. Tier Three If the valid sampling results required for the permit monitoring periods exceed the benchmark value for any specific parameter (including turbidity) at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Office Engineer in writing within 30 days of receipt of the fourth analytical results. DEMLR may but is not limited to: x require the permittee to revise, increase, or decrease the monitoring and reporting frequency for some or all parameters, including requiring sampling of additional or substitute parameters; x rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; x require the permittee to install structural stormwater controls; x require the permittee to implement other stormwater control measures; x require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or x require the permittee to continue Tier Three obligations through the permit COC renewal process. Permit No. NCG020000 Part IV Page 5 of 12 Pages Failure to monitor and report per the permit terms may result in the Division requiring monthly monitoring and reporting for all parameters for a specified time period. Lack of a discharge from an outfall for the monitoring period, or inability to collect a sample because of adverse weather conditions during a monitoring period will not constitute failure to monitor, as long as those conditions are reported on the monitoring period DMR and noted in the SPPP. (See Adverse Weather in Definitions.) Similarly, sampling is not required outside of the facility’s normal operating hours (unless the mine is inactive). Reduced monitoring for inactive mines: Dormant Site Status is available for inactive mine sites that have suspended all industrial activities, and if the permittee has certified in writing to DEMLR’s Stormwater Permitting Program that all portions of the site with clearing, grading, and/or excavation activities have been stabilized with vegetation. Upon a favorable site inspection by the Regional Office, the Regional Office Engineer may exempt the permittee from stormwater analytical monitoring, stormwater qualitative monitoring, and wastewater monitoring. The DEMLR letter granting dormant status must be kept with the SPPP, and available for inspection within a reasonable time of the Division’s request. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, DEMLR’s release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. The permittee must report all results from all valid discharge samples taken during each monitoring period. However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. SECTION B: STORMWATER DISCHARGES – ON-SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any on-site vehicle maintenance activity that uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4 and in accordance with the schedule presented in Table 2 (Section A). Sampling results shall be reported as described in Part V, Section E. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas. Table 4 Analytical Monitoring Requirements from On-Site Vehicle Maintenance Areas Discharge Characteristics Units Measurement Frequency1 Sample Type2 Sample Location3 Total Suspended Solids (TSS) mg/l Semi-annual Grab SDO Non-Polar Oil & Grease by EPA Method 1664 (SGT-HEM) mg/l Semi-annual Grab SDO Total Rainfall4 inches Semi-annual Grab -- New Motor Oil Usage gallons/month Semi-annual Estimate -- Footnotes: Permit No. NCG020000 Part IV Page 6 of 12 Pages 1. Measurement Frequency: Twice per year (unless other provisions of this permit require monthly sampling) during a measureable storm event (See Table 2), until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous General Permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin sampling within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each vehicle maintenance area stormwater discharge outfall (SDO), unless representative outfall status (ROS) has been granted. A copy of the Division’s letter granting ROS shall be kept on site with the SPPP. 4. For each sampled measureable storm event, an on-site or local rain gauge reading must be recorded. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on-site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under other requirements of this permit. In all cases, the permittee shall report the analytical results from each sample within the monitoring period (as required in Part V, Standard Conditions, Section E.) once a year (by March 1). The permittee shall compare those results to the benchmark values in Table 5. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See the descriptions of the Tiers One, Two, and Three required response actions in Section A. Sample results that exceed benchmark values must be submitted no later than 30 days from the date the facility receives the sampling results (see Part V, Section E). Table 5 Benchmark Values for On-Site Vehicle Maintenance Activities The benchmark values in Table 5 are not enforceable permit limits. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedances as outlined in this permit is a violation of permit conditions. The benchmarks are intended to reduce polluted discharges by triggering the permittee’s required response actions under Tiers One, Two, and Three. Failure to monitor and report per the permit terms may result in the Division requiring monthly monitoring and reporting for all parameters for a specified time period. Lack of a discharge from an outfall for the monitoring period, or inability to collect a sample because of adverse weather conditions during a monitoring period will not constitute failure to monitor vehicle maintenance area discharges, as long as those conditions are reported on the monitoring period DMR and noted in the SPPP. (See Adverse Weather in Definitions.) Similarly, sampling is not required outside of the facility’s normal operating hours (unless the mine is inactive). Discharge Characteristics Benchmark Value TSS 100 mg/L TSS (HQW, ORW, Trout (Tr), and PNA waters) 50 mg/L Non-Polar Oil and Grease by EPA Method 1664 (SGT-HEM) 15 mg/L Permit No. NCG020000 Part IV Page 7 of 12 Pages SECTION C: STORMWATER DISCHARGES – QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the effectiveness of the permittee’s SPPP and to identify the potential for new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall. Qualitative monitoring shall be performed as specified in Table 6, whether semi-annual or more frequently as may be required per the Qualitative Monitoring Response requirements below. Inability to monitor because of adverse weather or lack of discharge during the monitoring period must be documented in the SPPP and recorded on the Qualitative Monitoring Report (see Adverse Weather in Definitions). Similarly, monitoring is not required outside of the facility’s normal operating hours (unless the mine is inactive). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 6 Qualitative Monitoring Requirements Discharge Characteristics Frequency1 Monitoring Location2 Color Semi-annual SDO Odor Semi-annual SDO Clarity Semi-annual SDO Floating Solids Semi-annual SDO Suspended Solids Semi-annual SDO Foam Semi-annual SDO Oil Sheen Semi-annual SDO Deposition at or immediately below the outfall Semi-annual SDO Erosion at or immediately below the outfall Semi-annual SDO Other obvious indicators of stormwater pollution Semi-annual SDO Footnotes: 1. Monitoring Frequency: Twice per year (unless other provisions of this permit prompt other frequency) during a measureable storm event. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process. 2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status (ROS), unless ROS is granted specifically for qualitative monitoring. A copy of any letter granting ROS shall be kept on site. DEMLR’s letter granting ROS remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration. Permit No. NCG020000 Part IV Page 8 of 12 Pages Representative outfall status (ROS) specifically for qualitative monitoring may be granted for some stormwater outfalls and must be documented by DEMLR. Qualitative monitoring records shall not be turned into the Division except when requested. Qualitative monitoring records shall be maintained on site as part of the SPPP. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee’s qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those feasible corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee’s investigation, evaluation, and response actions shall be kept in the SPPP. Qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying the potential for new sources of stormwater pollution, and prompting the permittee’s response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DEMLR may but is not limited to: x require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters (analytical or qualitative); x require the permittee to install structural stormwater controls; x require the permittee to implement other stormwater control measures; or x require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters. Permit No. NCG020000 Part IV Page 9 of 12 Pages SECTION D: WASTEWATER DISCHARGES – ANALYTICAL MONITORING REQUIREMENTS AND EFFLUENT LIMITATIONS This General Permit authorizes the discharge of process wastewater associated with two distinct activities: 1) mine dewatering and 2) process wastewater associated with mining operations as described below in 1.-4. of this Section. The authorization to discharge wastewater is specifically identified on each permittee’s COC. Process wastewater discharges generated by any other activity are not authorized under this permit, except allowable non-stormwater discharges permitted by 15A NCAC 2H .0106(f). Mine dewatering or other wastewaters commingled with stormwater shall be considered wastewater. 1. MINE DEWATERING WASTEWATER During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering requirements apply to all mines that dewater from pits including quarries, clay brick, sand and gravel, borrow pits, and refractory mining, as well as mines with similar discharges. See Part VI (Definitions) and federal regulations in 40 CFR §436 for definitions of the terms “mine dewatering” and “mine” specific to industry sub-sectors. For Construction Sand and Gravel or Industrial Sand mines, “mine dewatering” wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage. Permittees conducting mine dewatering activities that have the potential to drain wetlands or other surface waters must have developed and implemented a Pumping Operation and Monitoring (POM) Plan approved by the Division. Approval may be coordinated with other Divisions in NC DEQ, such as the Division of Water Resources. POM Plans shall include, but are not limited to: x Groundwater monitoring strategies to demonstrate the effect of pumping. x Detailed plans to maintain the surrounding hydrology that protects the affected streams and wetlands and the respective monitoring to demonstrate compliance. x The pumping regime deemed necessary to protect affected streams and wetlands. Alternative site specific pumping and monitoring regimes may be approved by the Division on a case-by-case basis. At the Division’s discretion, approval of the POM Plan may be required prior to coverage under this General Permit. Mine dewatering discharges to land surfaces (without the potential to discharge directly to surface waters), where no chemicals are used in the mining process, may be permitted by regulation under 15A NCAC 02T .0113(a)(16) and therefore not subject to the provisions of this permit. 2. PROCESS WASTEWATER During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated process wastewater from mining operations. Process wastewater from mining operations includes, but may not be limited to, the water involved in: the slurry transport, washing, or sawing of mined material; air emissions control or processing exclusive of mining of sand, gravel, and stone washing operations; dimension stone cutting operations; and air scrubbing and dust control operations. See Part VI (Definitions) and federal regulations for definitions of the terms “process wastewater” in 40 CFR §122.2 and “process generated wastewater” specific to mining industry sub-sectors in 40 CFR §436. Treatment may involve conveyance through erosion and sedimentation control (E&SC) structures and/or other engineered treatment systems. Permit No. NCG020000 Part IV Page 10 of 12 Pages 3. COMMINGLED STORMWATER AND WASTEWATER DISCHARGES If mine dewatering or authorized process wastewaters commingle with stormwater prior to discharge, sampling the combined discharge under this Section D will meet the monitoring requirements of this permit. Sampling shall be performed during the discharge; these events may or may not be associated with rainfall. 4. RECYCLE SYSTEMS Authorized process wastewater discharges (overflows) from a recycle system to surface waters are subject to the provisions, monitoring requirements, and effluent limitations in this General Permit. MONITORING FOR MINE DEWATERING AND AUTHORIZED PROCESS WASTEWATER DISCHARGES Analytical monitoring of mine dewatering and authorized process wastewater shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 8. An exceedance of any of these limitations results in a violation of the permit conditions and may be subject to enforcement action as specified in Part V, Section A.2 of this permit. In all cases, the permittee shall report the analytical results from each sample within the monitoring period (as specified in Part V, Standard Conditions, Section E) once a year (by March 1). Sample results that exceed an effluent limitation must be submitted to the Regional Office no later than 30 days from the date the facility receives the sampling results (see Part V, Section E). Table 7 Monitoring Requirements for Wastewater Discharges in Section D – 1., 2., 3., and 4. Discharge Characteristics Units Measurement Frequency1 Sample Type Sample Location3 Receiving Waters pH2 Standard Quarterly1 Grab E All Total Suspended Solids2, 4 mg/l Quarterly1 Grab E All Turbidity2, 3 NTU Quarterly1 Grab E, U & D3 All Settleable Solids2, 5 ml/l Quarterly1 Grab E HQW, ORW, SA, SB, PNA, Tr Fecal Coliform2, 6 col/ml Quarterly1 Grab E SA waters only Daily Flow Rate7 cfs Quarterly1 - E All Footnotes: 1. The monitoring frequency is quarterly for the first year (see Table 9), and then semi-annually. If a sample concentration exceeds any effluent limit in Table 8, monitoring frequency (all parameters) shall return to (or remain) quarterly, until four (4) consecutive quarterly samples all meet or are below the limit for all parameters, allowing the permittee to resume/reduce to semi-annual monitoring. 2. Except for mine dewatering of clay pits, a grab sample is not required for these parameters from a basin/pond designed to contain or treat mine dewatering wastewater that only discharges in response to rainfall in excess of the 10-yr, 24-hr storm. 3. Sample Location: E – Effluent, U – Upstream, D – Downstream. Turbidity must be monitored at the effluent (E). If effluent levels exceed the Water Quality Standard of the receiving water, the permittee must begin sampling turbidity directly upstream (U) and downstream (D) of the effluent outfall or group of outfalls, in addition to the effluent, upon the next monitoring period. The permittee may contact the Permit No. NCG020000 Part IV Page 11 of 12 Pages DEMLR Regional Office for assistance in determining the best instream sample points. The RO may also advise the permittee to relocate self-established instream sample points if appropriate. 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in Table 8. All other types of mines covered by this permit are also required to monitor TSS, but are not necessarily subject to the TSS limits in Table 8, unless discharge is to HQW, ORW, or PNA waters. 5. Only facilities discharging to waters classified as HQW, ORW, SA, SB, Tr, or PNA are required to monitor for settleable solids. 6. Only facilities discharging to waters classified as SA waters are required to monitor for fecal coliform. 7. Daily flow rate shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate the daily flow rate. Table 8 Effluent Limitations For Wastewater Discharges Discharge Characteristics Effluent Limitations Monthly Average1 Daily Maximum1 Total Suspended Solids2 25 mg/l 45 mg/l Total Suspended Solids2, 3 (HQW, ORW) 20 mg/l 30 mg/l Total Suspended Solids2, 3 (HQW/ORW Trout, PNA waters) 10 mg/l 15 mg/l pH Range4 (freshwaters) -------- 6.0 – 9.0 pH Range4 (saltwaters) -------- 6.8 – 8.5 Turbidity5 -------- N/A (See Below) Settleable Solids (HQW, ORW, SA, SB, PNA, & all Tr waters) 0.1 m/l 0.2 ml/l Daily Flow Rate (HQW/ORW)6 -------- 50% of 7Q106 Footnotes: 1. Note that for a semi-annual or quarterly sampling schedule, the sample result counts as both the Daily Maximum and Monthly Average value. More frequent samples may be conducted to calculate averages but must all be reported to NC DEQ. 2. Limits applicable to Industrial Sand mines. More stringent water quality-based TSS limits apply to all mines that discharge to High Quality Waters (HQW), including HQWs and ORWs that are trout waters (Tr), and Primary Nursery Area (PNA) waters (See 3.). 3. Monthly Average and Daily Maximum TSS Limits apply to all discharges (regardless of mine type) to waters designated as HQW, ORW, HQW/ORW Tr, and PNA. 4. Designated swamp waters can have a pH as low as 4.3 because of natural conditions. In such cases, Federal Effluent Guidelines (40 CFR §436) allow the lower range of the pH limitations to be adjusted downward to no lower than 5.0. The permittee must sample instream to demonstrate a lower limit is appropriate. 5. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels described below as a result of wastewater discharges. 6. The total daily flow rate of wastewater for all discharges combined (that discharge to the same receiving waters) shall not exceed 50 percent of the total in-stream flow rate of the receiving waters under 7Q10 conditions in HQW/ORW waters, including HQW/ORW trout and PNA waters. The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters); 25 NTU (all lakes and reservoirs, and all salt waters); 50 NTU (all other streams and surface waters). Permit No. NCG020000 Part IV Page 12 of 12 Pages This General Permit requires the measurement of turbidity in the permittee’s discharge, but does not impose a turbidity effluent limit. If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. If the turbidity in-stream exceeds these levels as a result of wastewater discharges, this water quality standard violation subjects the permittee to possible compliance and enforcement action. The permittee shall complete the analytical samplings of wastewater discharges in accordance with the schedule specified in Table 9. Table 9 Monitoring Schedule Quarterly Monitoring Events1,2 Semi-Annual Monitoring Events1,2 Start Date (All Years)3 End Date (All Years) 3 Period 1 Period 1 January 1 March 31 Period 2 April 1 June 30 Period 3 Period 2 July 1 September 30 Period 4 October 1 December 31 Footnotes: 1. Maintain quarterly (or semi-annual) monitoring during permit renewal. If at the expiration of the General Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate of Coverage (COC) is issued. 2. If no discharge occurs during the sampling period, the permittee must record “No Flow” or “No Discharge” within 30 days of the end of the sampling period in the facility’s monitoring records. “No Flow” or “No Discharge” shall be reported on the Annual Summary Discharge Monitoring Report (DMR). This DMR is to be submitted to the Division of Water Resource’s Central Files at the DWR Central Office by March 1 of each year (in accordance with Part V, Section E). 3. Monitoring periods remain constant throughout the five-year term of the General Permit. For permittees continuing with renewed coverage under this General Permit, Year 1 begins in Period 4 on October 1, 2015, and for all permittees Year 5 - Period 4 ends on September 30, 2020. Failure to monitor and report per the permit terms may result in the Division requiring monthly monitoring and reporting for all parameters for a specified time period. SECTION E: BMP CONDITIONS AND RESIDUALS MANAGEMENT 1. BMPS FOR BLASTING AND FLOCCULANTS The permittee shall utilize best management practices (BMPs) to ensure that contaminants do not enter the surface waters as a result of blasting at the site. Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. 2. RESIDUALS MANAGEMENT The residuals generated from treatment facilities used to meet the effluent limitations must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Permit No. NCG020000 Part V Page 1 of 11 PART V – STANDARD CONDITIONS FOR NPDES GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY 1. Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 6 months of the effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary containment, as specified in Part III of this General Permit, shall be accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part III of this General Permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal under this General Permit: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of the Certificate of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this General Permit and updated thereafter on an annual basis. Secondary containment, as specified in Part III of this General Permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. Duty to Comply The permittee must comply with all conditions of this General Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the General Permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be Permit No. NCG020000 Part V Page 2 of 11 subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this General Permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part V, Section C of this General Permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS l43-2l5.3, l43-2l5.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability Nothing in this General Permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS l43-2l5.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this General Permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any Permit No. NCG020000 Part V Page 3 of 11 invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 7. Severability The provisions of this General Permit are severable, and if any provision of this General Permit, or the application of any provision of this General Permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this General Permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the General Permit issued pursuant to this General Permit or to determine compliance with this General Permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this General Permit [40 CFR 122.41(h)]. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this General Permit shall, upon conviction, be punished by a fine of not more than $l0,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this General Permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $l0,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This General Permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply Dischargers covered by this General Permit need not submit a new Notice of Intent (NOI) or renewal request unless so directed by the Division. If the Division chooses not to renew this General Permit, the permittee will be notified to submit an application for an individual permit [15A NCAC 02H .0127(e)]. SECTION B: GENERAL CONDITIONS 1. General Permit Expiration General permits will be effective for a term not to exceed five years, at the end of which the Division may renew them after all public notice requirements have been satisfied. If a general permit is renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division. New applicants seeking coverage under a renewed general permit must submit a Notice of Intent (NOI) to be covered and obtain a Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)]. Permit No. NCG020000 Part V Page 4 of 11 2. Transfers This General Permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this General Permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; c. The discharge violates the terms or conditions of this General Permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this General Permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this General Permit; g. The Director determines at his or her own discretion that an individual permit is required. 4. When an Individual Permit May be Requested Any permittee operating under this General Permit may request to be excluded from the coverage of this General Permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this General Permit is automatically terminated on the effective date of the individual permit. 5. Signatory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All Notices of Intent to be covered under this General Permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Permit No. NCG020000 Part V Page 5 of 11 (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the General Permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." e. Electronic Reports. The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina’s Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this General Permit does not prohibit the Permit Issuing Authority from reopening and modifying the General Permit, revoking and reissuing the General Permit, or terminating the General Permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. Permit No. NCG020000 Part V Page 6 of 11 After public notice and opportunity for a hearing, the General Permit may be terminated for cause. The filing of a request for a General Permit modification, revocation and reissuance, or termination does not stay any General Permit condition. The Certificate of Coverage shall expire when the General Permit is terminated. 7. Certificate of Coverage Actions Coverage under the General Permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any General Permit condition [40 CFR 122.41(f)]. 8. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under the General Permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this General Permit [40 CFR 122.41(c)]. 3. Bypassing of Stormwater Control Facilities at Mine Sites Covered by NCG020000 Bypass is prohibited, and the Permit Issuing Authority may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under Part V, Section E of this General Permit. If the Permit Issuing Authority determines that it will meet the three conditions listed above, the Permit Issuing Authority may approve an anticipated bypass after considering its adverse effects. 4. Bypassing of Wastewater Treatment Facilities at Mine Sites Covered by NCG020000 a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] Permit No. NCG020000 Part V Page 7 of 11 (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part V, Section E of this General Permit. c. Prohibition of Bypass (1) Bypass from the wastewater treatment facility is prohibited, and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. SECTION D: MONITORING AND RECORDS l. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this General Permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this General Permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS l43-2l5.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations Permit No. NCG020000 Part V Page 8 of 11 published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this General Permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below the General Permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on-site or be available electronically to a DEMLR inspector upon request. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this General Permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions. o copies of all data used to complete the Notice of Intent to be covered by this General Permit. These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or Notice of Intent application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this General Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. Permit No. NCG020000 Part V Page 9 of 11 SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this General Permit shall be recorded on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). Annual Summary DMRs shall be delivered to the Division (Central Office) no later than March 1 of each year (See 2. of this section). In addition, any samples analyzed in accordance with the terms of this permit that violate a wastewater effluent limit or exceed a stormwater benchmark value shall be submitted to the Division Regional Office on a DMR form and delivered to the Division Central Files no later than 30 days from the date the facility receives the sampling results from the laboratory. DMR forms are available on the Division’s website (http://portal.ncdenr.org/web/lr/npdes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division, or appropriate authority, according to the provisions above. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating “NO FLOW” as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this General Permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this General Permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DEMLR’s specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting Reports Two signed copies of the Annual Summary Discharge Monitoring Report (DMR) shall be submitted no later than March 1 of each year to DWR Central Files (not DEMLR): Central Files Division of Water Resources (DWR) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If wastewater monitoring results indicate a wastewater effluent limit violation, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. If stormwater monitoring results indicate a stormwater benchmark value exceedance or the facility is in Tier 2 monitoring, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. All stormwater outfall parameters shall be monitored and reported for any monitoring period that the facility is following a Tier 2 response. Addresses for each RO and the counties covered by each RO can be found here: Permit No. NCG020000 Part V Page 10 of 11 http://portal.ncdenr.org/web/guest/regional-offices. The permittee shall retain the completed originals on site. Visual (Qualitative) monitoring results should not be submitted to the Division unless specifically requested. Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are available at the website of the Division’s Stormwater Permitting Program: http://portal.ncdenr.org/web/lr/npdes-stormwater The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina’s eDMR internet application for that purpose. Until such time that the state’s eDMR application is compliant with EPA’s Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this General Permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(l)]. This notification requirement includes pollutants which are not specifically listed in the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the General Permit [40 CFR 122.41(l)(2)]. 7. Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part VI of this General Permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Permit No. NCG020000 Part V Page 11 of 11 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(l)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division’s Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(l)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this General Permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(l)(8)]. Permit No. NCG020000 Part VI Page 1 of 5 PART VI DEFINITIONS Additional definitions for the NPDES Program may be found in federal rule at 40 CFR Part 122.2 and in the effluent limitation guidelines for the Mineral Mining and Processing Point Source Category at 40 CFR Part 436. 1. Act See Clean Water Act. 2. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-Stormwater Discharges This General Permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air-conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, irrigation waters, flows from riparian habitats and wetlands. c. Discharges resulting from fire-fighting or fire-fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm. 5. Bypass A bypass is the known diversion of stormwater from any portion of a control facility including the collection system, or the diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Materials Liquid raw materials, in-process liquids and reactants, manufactured products, waste materials or by-products contained in a single above ground container, tank, or vessel having a capacity of greater than 660 gallons or contained in multiple above ground containers, tanks, or vessels located in close proximity to each other having a total combined capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the general permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Permit No. NCG020000 Part VI Page 2 of 5 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality (DEQ), formerly the Department of Environment and Natural Resources. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) should be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 48 hours prior (applies specifically to this NCG020000 General Permit). The 48-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee’s SPPP. 16. Mine Dewatering See Code of Federal Regulations for definition applicable to specific mineral mining subcategories in 40 CFR Part 436. The term “mine dewatering” (wastewater) means any water that is impounded or that collects in the mine and is pumped, drained, or otherwise removed from the mine through the efforts of the mine operator. For the Construction Sand and Gravel Subcategory and Industrial Sand Subcategory, “mine dewatering” also includes wet pit overflows caused solely by direct rainfall and ground water seepage. In this context, and also from 40 CFR Part 436, the term “mine” means an area of land, surface or underground, actively mined for the production of either crushed and broken stone (Crushed Stone Subcategory), sand and gravel (Construction Sand and Gravel, Industrial Sand Subcategories), or other mine product, from natural deposits. 17. Municipal Separate Storm Sewer System (MS4) A stormwater collection system within an incorporated area of local self-government such as a city or town. 18. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DEMLR may grant a No Exposure Exclusion from NPDES stormwater permitting Permit No. NCG020000 Part VI Page 3 of 5 requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 19. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 20. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see “Director” above). 21. Permittee The owner or operator issued a Certificate of Coverage pursuant to this General Permit. 22. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 23. Process Generated Wastewater See Code of Federal Regulations for definition applicable to specific mineral mining subcategories in 40 CFR Part 436. 24. Process Wastewater Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product See Code of Federal Regulations in 40 CFR Part 122.2. 25. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DEMLR may grant representative outfall status. Representative outfall status (ROS) allows the permittee to perform analytical monitoring at a reduced number of outfalls. 26. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 27. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right- to-Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 28. Severe Property Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be Permit No. NCG020000 Part VI Page 4 of 5 expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 29. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 30. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 31. Stormwater Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 32. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 33. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 34. Stormwater Pollution Prevention Plan (SPPP) A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 35. Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at http://portal.ncdenr.org/web/wq/ps/mtu/tmdl. 36. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. 37. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 38. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. Permit No. NCG020000 Part VI Page 5 of 5 39. 10-year, 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 10 years. 40. 25-year, 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Martin Marietta, Inc. Viewmont Road LCID Permit 41R-LCID Renewal April 14, 2017 Amec Foster Wheeler Project No. 6864166100 Appendix 8 Updated Flood Mapping