NCG020750_COMPLETE FILE - HISTORICAL_20091110

STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
DOC TYPE
UY HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑
YYYYMMDD

i
North Carolina
Beverly Eaves Perdue
Governor
Mr. Russell E. Willis
Sparrow Hawk Sand Pit
109 Merrell Drive
Newport, NC 28570
fflLT4
CDER
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
November 6, 2009
Subject: General Permit No. NCQ020000
Sparrow Hawk Sand
COC NCG020750
Carteret County NOV ,� 2009
Dear Mr. Sparrow: BY:
In accordance with your application for a discharge permit received on June 17, 2009, we
are forwarding herewith the subject certificate of coverage to discharge under the subject state —
NPDES general permit. This permit is issued pursuant to,the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the
US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
Dee Freeman
Secretary
Please take notice that this certificate of coverage is not transferable except after notice to
the Division of Water Quality. The Division of Water Quality may require modification or
revocation and reissuance of the certificate of coverage.
Please be aware that mine dewatering at your site has the potential to impact adjacent
wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found
in Section C, Part 1 of your permit (Part III Page 5 of 9). -You must have an approved
Operation and Monitoring Plan before mine dewatering discharges occur at your facility,.
Discharging mine dewatering wastewater without Plan approval will be subject to enforcement
action. An Operation and Monitoring PIan for your facility must be submitted to the Wilmington
Regional Office within 60 days of your receipt of this permit. Contact Ed Beck at the
Wilmington Regional Office at [phone] for more information about the approval
process.
Please note that mine dewatering wastewater inelfides wet pit overflows caused solely
by direct rainfall and groundwater seepage for this type of mining operation. Any discharge of
this water (and any stormwater commingled with it) is subject to the effluent limitations in this
permit.
This general permit allows the discharge of stormwater and certain types of wastewater
from your facility. In your application, you specified that only mine dewatering water would be
discharged from this facility. If separate point -source discharges of stormwater occur (i.e.,
Wetlands and Stormwater Branch One
1617 Mail Service Center, Ralegh, North Carolina 27699-1617 North�arolina
Location: 5 N. Salisbury Raleigh, North Carolina Service:
Aaturally
Phone: 919-8$07-83001 FAX::919�0T-64941 Customerr Service:l-877�23-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

Mr. Russell G. Willis
Sparrow I-lawk Sand I'it — NCG020750
November 6, 2009
stormwater not combined with mine dewatering water), you will be required to adhere to the
conditions in this permit for stormwater discharges.
Additionally, new coastal stormwater management rules (SESSION LAW 2008-211)
•were implemented October Ist, 2008. Due to these new rules you may be required to apply for
ail additional Coastal State Stormwater Permit. Please contact Kelly Johnson in the
Wilmington Regional Office at 910- 796-7345 to determine if you will be required to submit an
application for this additional permit.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land
Resources, Coastal Area Management Act or any other federal or local governmental permit that
may be required.
If you have any questions concerning this permit, please contact Jermifer Jones at
... t6lephone number [phone].
Sincerely,
C1R1 NpL SIGNED KEN PICKLE
��
for Coleen H. Sullins
cc: Wilmington Regional Office, Linda Willis
Central Files
Stormwater Permitting Unit Files

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020750
STORMWATER AND MINE DEWATERING 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,
Russell E. Willis
is hereby authorized to discharge storniwater and discharges from mine dewatering wastewater
from a facility located at
Sparrow Hawk Sand Pit
Sparrow Hawk Lane
Carteret County
to receiving waters designated as a UT to the Southwest Prong of the Newport River, a class C
water in the White Oak River Basin, in accordance'with the effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, 11, 11I, IV, V, and VI of General Permit
No. NCG020000 as attached.
This certificate of coverage shall become effective November 6, 2009.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day November 6, 2009.
ORIGINAL. SIGRED BV
KEN PICKLE
for Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the Environmental Management Commission

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Sparrow Hawk.Sand Mine
Carteret County, NC
Latitude: 340 47` 39.82" N
Longitude: 761 SS' 33" W
County: Carteret County
Receiving Stream: UT to SW Prong of New Port River
Stream Class: C
Sub -basin: 03-05-03 (White Oak River Basin)
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Facility Location

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NCDENR
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er: ma+�r.r aura N�na.i rRr_�a.arrn
NOTICE OF INTENT
Division of Water Quality / Surface Water Protection
National Pollutant Discharge Elimination System
NCG020000
FOR AGENCY USI:ONLY
Dale Keceired
Year
\tomb
Day
Certificate of Cn�'erage
Check#
Amuun[
b
Pnmlil Assigned lu
National Pollutant Discharge Elimination System application for coverage under Genera
NCG020000:.
NO
STORMWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified belo► los
The following activities are also included:
• Active or inactive mining operations (including borrow pits --except for NCDOT borrow pits) that discharl
stormwater contaminated with or that has come in contact with, any overburden, raw material, intermedi
products, finished products, byproducts or waste products located on the site of such operations;
• Stormwater from vehicle maintenance activities at mining operations;
• Overflow from facilities that recycle process wastewater; and/or
• Mine dewatering (wastewater)
The following activities are specifically excluded from coverage under this General Permit
• Stormwater discharges associated with peat mining, coal mining, and metal mining;
• Stormwater discharges from mining operations which are intermixed on site with stormwater from as
operations and/or concrete operations; , •
• Stormwater discharges associated with oil and gas extraction operations; and
• Stormwaterdischarges associated with tourist gem mines
• NCDOT borrow pits are covered under NCS000150
The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000:
• Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand
dredging or dipping operations)
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For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This
NOI is also an APPLICATION FOR an ATC for.new wastewater treatment facilities. ATC requests must be
submitted at least 90 days prior to construction'.
For existing mining sites that require an Authorization to Operate (A TO) wastewater treatment facilities:
This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place.
Construction, modification, or installation of anv new treatment components at an existing site requires
an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an N01).
e
Some wastewater treatment facilities used to treat or recycle process wastewater (even if commingled
with storm water), at mining sites will require an ATC prior to construction per 15A NCAC 2H .0138,
Please see the NCG020000 General Permit for details about which treatment facilities require an
ATC (summarized in Table t at the end of this form). For example,•an ATC is required for treatment
of mine dewatering discharge from clay pits and non -closed -loop wastewvater recycle systems. The
authorization to construct or continue to operate will be issued at the same time as the Certificate of
Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements
of 15A NCAC 2H .0138 & .0139.
Page 1 of 7
As per 15A NCAC 2H .0106
zUnless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to
perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed
and sealed by a P.E.
SWU-217-071408 Last revised 7114/08

NCG020000 N.O.I.
Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit
at new or existing mining sites requires submission of three (3) sets of plans and specifications signed
and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the
design calculations should be included. Please see questions 18 & 19.
Table 1: Wastewater Permit ATC/ATO Requirements
F ' Mine Dewatering
Yes
No
Quarries
—
•
Sand Pits
—
•
Clay Pits
•
Any Dewatering with Chemical Treatment
♦
—
" Process Wastewater
Sand/Gravel
—
•
Closed -Loop Recycle
—
•
Other Recycle
♦
—
,'fit For questions, please contact the DWO Regional Office for your area. (See page 7)
(Please print or type)
1) Mailing address of ownerloperator (address to which all permit correspondence will be mailed):
Name _ RVSSELL E . WILLIS
Street Address 101 R L
City New potZT Stated ZIP Code 25570
Telephone No. ZS7-- -MCP - 4833 Fax:
E-mail Address
2) Location of facility producing discharge:
Facility Name SPATZRQ W A-AW K 5P. rV r)
Facility Contact
Street Address _5A=OW iwliit LN. - OFF OF L A ke 72,o
City State ZIP Code
County CArwsrLET
Telephone No, Fax:
Contact E-mail
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). .A-r 7,f f &VO AC SA*mu w 144604 W
OW 61IF LAKE 124 i tq arra4r oP 5.Z. I IZ
4) Latitude 34.19 1+ I Longitude 761. 9 2 55 (degrees, minutes, seconds)
5) This NPDES Permit NOI Application applies to which of the following:
❑ New or Proposed Facility
RT"Existing
Date operation is to begi
❑ New Permit not applicable — ATC request only. NPDES Permit Number
Page 2of7
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NCG020000 N.O.I.
6) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: A -�t Li U
7) Provide a narrative description of the types of minerals mined at this facility: IJ9
8) Discharge Points:
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Stormwater: Mine dewatering: Process Wastewater Overflow:
Discharge points should be clearly marked on the submitted site plan.
Please provide short narrative description of discharges: OCCA SJd W4(,- 1'V11 d E �C WAT h/C
9) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
and/or wastewater discharges end up in? A T dF f4SW O T RlV&M
It the site stormwater discharges to a separate storm sewer system, name% the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
Receiving water classification (if known):
Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must
be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage
under NCG020000 cannot be granted. No new discharges of process wastewater are
permitted in receiving waters classified as WS-i or freshwater ORW.
10) W�ilI mining operations require dewatering near wetlands or impact any stream, groundwater, or'wetlands?
MIN o
❑ Yes If yes, please provide information about any 404/401 Certification permits.
Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have
the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and
implement an Operation and Monitoring (O&M) Plan that has been approved by the Division.
The O&M Plan should be submitted to the Regional Office and must be approved prior to operation.
The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the
effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed
plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance.
11) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)?
❑ No (If not, please indicate the status of the Mining Permit application:
C!R'e s
If yes, please provide the Mining Permit number and include a copy with your application:
(Note: DWQ cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or
renewed by the Division of Land Resources (OLR).
Page 3 of 7
SWU-217-071408 Last revised 7/14/08

NCG020000 N.O.I.
12)Wi�ll this mining operation precede development activities at this site?
ff No
❑ Yes
13) Does this facility have any other NPDES permits?
0__N�o
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
14) Does this facility have any Non -Discharge permits (ex: recycle permits)?
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
15) Does this facility employ any best management practices for stormwater control?
❑ No
C?'4es
If yes, please briefly describe:-t7xSG�4r W�t7��F7-0tJC.N P° N7
16) Does this facility have a Stormwater Pollution Prevention Plan?
RIN- o
❑ Yes
If yes, when was it implemented?
17) Will vehicle maintenance activities occur at this facility?
R'No ❑ Yes
Wastewater Treatment Facilities:
18) Will mine dewatering discharges occur? (ATC/ATO required for clay pits or dewatering with chem. treatment)
❑ No Ties
19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required,
unless sand/gravel mining or closed -loop recycle system)
CINo ❑ Yes
If yes, answer the following questions on the wastewater treatment system:
a. Please describe the type of process used to treat and/or recycle the process wastewater. Give
design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment
facilities should be described in detail, and design criteria or operational data should be provided
(including calculations) to ensure that the facility can comply with requirements of the General
Permit. [Use separate sheet(s)]
b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes
If yes, please state the name, manufacturer and the quantity of average daily usage of the
chemical additive
Note: Please see http://h2o.enr.state.nc.us/ws/PAMS list.htm for a list of approved polyacrylamide (DAMS)
products for use in North Carolina.
Page 4 of 7
SWU-217-071408 Last revised 7/14/08

Z
NCG020000 N.O.I.
C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?
❑ No ❑ Yes — N 6 Oq6V2-P-01-J - `UWet 'DASCW&Af. , 0N4
20) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain?
EJw7 No Yes If so, include information to demonstrate protection from flooding. (Minimum design
requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219,)
21) Hazardous Waste:
a) is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
Lri No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
5'5io ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
P"N"o ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport 1 disposal vendor:
Vendor address:
22) Certification: North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
(Environmental Management] Commission implementing this Article shalt be guilty of a Class 2 misdemeanor which may include a fine not to
exceed ten thousand dollars ($10,000).
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an
individual permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
mining permit must be attached to this request.
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate
protection so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules
governing solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to
not result in contamination of the surface or ground waters.
Page 5 of 7
SWU-217-071408 Last revised 7/14/08

NCG020000 N.O.I.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed N
e of Person Signing: i�S L f 4g L1�c
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR.
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $100 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status
❑ Copy of a county map or other general location map that shows the mining site and nearest major roads
❑ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly
shows site location in relation to nearby streams, wetlands, and other waters, etc.
❑ Copy of mining site plan with all wetlands clearly delineated
❑ If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional
office about an O&M Plan (contact information on the next page). Please refer to this O&M Plan checklist:
✓ Site map with wetlands, ditches, weli-placements, borrow areas, overburden storage, stormwater
controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads.
✓ Well information (design, depths, maintenance)
✓ Physical monitoring for the wetlands areas
✓ Settling pond sizing information, if applicable
✓ Level spreader design, if applicable
✓ Details about dewatering method
✓ Description of measures to prevent erosion and flooding
❑ If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed,
sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on
Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features,
including the location of the outfall(s). If stormwater is flowing off -site, the Alan must show that stormwater
will not be mixed with wastewater.
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
Page 6 of 7
SWU-217-071408 Last revised 7114108

NCG020000 N.O.E.
For questions, please contact the TWO Regional Office for your area.
DWQ Regional Office Contact Information_
Asheville Office ...... [phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
Page 7 of 7
SWU-217-071406 Last revised 7/14108

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division-oi-Water-Quality
Coleen H. Sullins Dee Freeman
Mr, Russell E. Willis
P.O. Box 646
Morehead City, NC 28557
Director
May 28, 2009
Subject: NOTICE OF VIOLATION for Discharge Without a Permit
Tracking No. NOV-2009-OP-0044
Sparrow Hawk Sand Pit
Carteret.County
Dear Mr. Willis:
Division of Water Quality (DWQ) Representatives, Joanne Steenhuis and Linda Willis conducted an
inspection of the Sparrow Hawk Sand Pit facility in Newport on April 17th, 2009. The Division of land
Resources notified DWQ that a potential wetland violation may exist at the mine site.
The following issues were noted by DWQ Representatives during the inspection:
Consistency issue
Secretary
An isolated wetland had been impacted and according to 1WGP100000 (enclosed) up to 1 /3 acre of
isolated wetlands can be filled without notification to the State. Please read the enclosed State General
Permit associated with the impact and make sure that you are in compliance. Please note that any
additional wetland fill will be considered cumulative for DWQ.
Compliance Issue
Mine dewatering is occurring without a permit [General Statute 143-215.1
The mine dewatering discharge at this site is permissible by permit only. An application for the
appropriate permit (NCG020000) is enclosed for your convenience. You are hereby requested to
discontinue the discharge until you have received a Certificate of Coverage from the NPDES Stormwater
Permitting Unit in Raleigh. To prevent further action, please respond in writing to this office before June
17, 2009, regarding your plans or measures to address the indicated violations. If you have any questions
you may contact me at 910-796-7215. If you have questions concerning the wetland compliance you
may contact Joanne Steenhuis 910-796-7306. If you have questions concerning the NPDES General
Permit (NCG020000) you may contact Linda Willis at 910-796-7343.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Carolina
Internet: www,ncwaterquality.org 'Jfj ah(ra" l
An Equal Opportunity 1 Atfirmative Action Employer �/ y

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality -Section
James D. Simons, P.G., P.E.
Director and State Geologist
May 27, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 2150 0005 7360 5993
Mr. Russell E. Willis
P.O. Box 646
Morehead City, North Carolina 28557
RE: Mining Permit No.16-58
Sparrow Hawk Sand Pit / Carteret County
White Oak River Basin
Dear Mr. Willis:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the permitted acreage to 15.68 acres and the
affected acreage at this site to 12.9 acres as indicated on the mine maps last revised April 8,
2008. The modification includes the expansion of the permit boundary and mine excavation
area. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration_ date, mine name and permit number
shall remain the same as before the modification. I would like to draw your particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 4B, 4C and Reclamation Condition No. 3.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
As a reminder, your permitted acreage at this site is 15.68 acres and the amount of
land you are approved to disturb is 12.9 acres.
1612 Mail Service Center, Raleiah, North Carolina 27699-1612 •919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleich. North Carolina. 27604
A7^ Eauai Dnonunity 1 Affirmative Anon EMDIDvei - .0'r'D Rec}'deo , 10'110 Post consumel PaDe+

Mr. Russell E. Willis
May 27, 2008
Page 2
Please review the modified permit and contact Ms. Chastity Clark, Assistant Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
�/4 41:�12
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/cnc
Enclosures: Modification
Notice of Issuance
cc: Mr. Dan Sams
Ms. Shannon Deaton - WRC, wlpermit
Mr. Bradley Bennett - DWQ, wlpermit
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, w/ permit

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971,"Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Russell E. Willis
Sparrow Hawk Sand Pit
Carteret County - Permit No. 16-58
for the operation of a
Sand
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: May 24, 2015

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S, 74-49,
Modifications
May 27, 2008: This permit has been modified to increase the affected acreage at his site to
12.9 acres as indicated on the mine maps, Sheet 1 revised April 8, 2008 and received by the
Land Quality Section on April 9, 2008. The modification includes the expansion of the
excavation area.
Expiration Date
This permit shall be effective from the date of its issuance until May 24, 2015.

Page 3
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging "onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected areas around the mine excavations shall be
diverted internal to said excavations, as indicated on the mine map last revised
April 8, 2008.
C. All mining activities, including the construction and maintenance of their
associated sedimentation control measures, shall be conducted in accordance
with the Mine Map last revised April 8, 2008.

Page 4
5. All permit boundaries (15.68 acres) shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
7. - The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer, as indicated on the mine map last revised April 8, 2008, shall be
maintained between any excavation and any mining permit boundary to protect
adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit'area shall be allowed within the boundaries of the mining permit
- area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources_ The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. - on -site generated land clearing debris
2. conveyor belts
3, wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel

Page 5
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above .the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
12. . The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a 510,000.00
Assignment of Savings Account, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article-3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan; the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided BLG.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be.provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
5. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:

Page 7
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiies, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 10D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan prepared by Mr. James Izzell, PG, dated June 3, 2004 or the
following:
Permanent Seeding Specifications
Dates
February 15- April 1
April 1- July 31
August 1- October
October 25- February 15
Soil Amendments
Species Rate. Lbs/Acre
Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
Common Bermuda 50
Lespedeza (unscarified) 30
German millet 40
Rye (grain- temporary) 120
Lime - 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.

Page 8
Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000
Ibs/acre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued to Mr. Russell E. Willis on May 24, 2005 is hereby modified this 27"
day of May, 2008 pursuant to G.S. 74-52.
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application to modify this mining permit filed -by Mr. Russell E. Willis to conduct mining
activities off SR 1125 in Carteret County. The mining permit (No. 16-58) was modified on May
27, 2008.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA and NC
General Statute 74-61; a petition for a contested case must be filed in the Office of
Administrative Hearings within thirty (30) days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 15013-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be dii-ected to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by mailing a
copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601. -,
mes D. Simons
irector
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on aZ
Brenda Harris
Mining Program Secretary

A s� rdm�mr
NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins RZcz: j&,%� �
Governor Director
NOV 0.3 2009
October 27, 2009
BY: .
Mr. Russell E. Willis
Sparrow Hawk Sand Pit
109 Merrell Drive
Newport, NC 28570
Subject: General Permit No. NCG020000
Sparrow Hawk Sand Pit, NCG020750
Carteret County
Dear Mr. Willis:
Dee Freeman
Secretary
The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge
Elimination System (NPDES) permit application for Sparrow Hawk Sand Pit on June 17, 2009. The
,application included a copy of an associated application for a mining permit submitted to the Division of
Land Resources (DLR). Please be aware that the issuance of an NPDES permit is contingent upon the
issuance of an associated mining permit from DLR. Our office will process your stormwater permit
application once a DLR mining permit has been issued for your project.
Please also be aware that if your project is located near wetlands, your NPDES permit will require
dewatering operations without Nvetland impacts. The specific requirements for mine dewatering at
facilities near wetlands can be found in the text of the general NPDES mining permit number NCG020000
available on our website, http://h2o.enr.state.nc.us/su/Forms_Documents.htm. See Section C, Part I of the
permit on the page labeled, "Part III Page 5 of 9". An approved Operation and Monitoring Plan is
required for NPDES-permitted mining facilities. Discharging mine dewatering wastewater without Plan
approval will be subject to enforcement action. A Plan for your facility must be submitted to the Washington
Regional Office within 60 days of your receipt of an NPDES permit. We encourage you to contact Linda
Willis at the Wilmington Regional Office at [phone] to address any wetland concerns for your
facility :n order to ensure a successful NPDES application review.
Additionally, new coastal stormwater management rules (SESSION LAW 2008-211) were implemented
October 1, 2008. Due to these new rules you may be required to apply for an additional State Stormwater
Permit. Please contact Kelly Johnson in the Wilmington Regional Office at 910-796-7345 to determine if
you will be required to submit an application for this additional permit.
1617 Arlan Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: 91 M07-6300 4 FAX: 9IM07-64921 Customer Service: 1-877-623-6748
lntemet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarol..ina
Xaturally

Mr. Russell E. Willis
Sparrow Hawk Sand Pit NCG 020750
October 27, 2009
If you have any questions concerning the NPDES permit approval process, please contact me at telephone
number [phone].
Sincerely
ennif Jones
Environmental Engineer
cc: Wilmington Regional Office, Linda Willis
Central Files
Stormwater Permitting Unit Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 91 M07.6300 4 FAX: 9IM07-64921 Customer Service: 1-877-623-6748 North Carol i n a
Internet: wvm.ncxaterguality.org �]►��,�1 J��, /�, ,
An Equal Opportunily 4 Affirmative Action Employer � �I 1 t �ll�

CAROLINA GEOLOGICAL SERVICES, INC.
June 16, 2009
Mr. Rick Shiver
NCDENR, Div. of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
1
�4 � JUN
BY:-
1
Subject: Sparrow Hawk Sand Pit, Carteret County, NC & r�,
Dear Mr. Shiver;
7.2009
I am writing on behalf of Mr. Russell Willis in response to your letter of May 28,
regarding the above referenced sand pit. Your letter addresses two issues at the site, and
it is our goal to be in complete compliance in both areas.
Mr. Willis has operated the Sparrow Hawk Sand Pit since approval was granted for
NC Mining Permit 16-58 on May 24, 2005. At that time, there was a 0.16 acre wetland
area adjacent to the mining area. Any stormwater pumped from the mining area was
retained by an existing pond onsite.
In late 2007, Mr. Willis decided to expand the mining area through the 0.16 acre
wetland area. Mr. Willis first contacted Mr. Mickey Sugg of the US Army Corps of
Engineers. Mr. Sugg provided a "NO DEPARTMENT OF THE ARMY
AUTHORIZATION REQUIRED" form (Action ID 2007-02135-016). Then in March,
2008, Mr. Willis applied with your office for an Isolated Wetland Permit (copy enclosed).
Even though the requested wetland acreage was only 0.16 acres, a courtesy PCN was
submitted for your approval. On April 2, 2008, Mr. Willis received approval for this
application from your office (copy enclosed).
After your office approved this action, Mr. Willis applied with the NCDENR Division
of Land Quality to modify the Mining Permit for this activity. It is our understanding
that DWQ reviewed this Mining Permit modification application. Approval was granted
for this modification on May 27, 2008. As mining has advanced through the wetland
area and into the adjacent pond, it has occasionally become necessary to discharge some
stormwater or groundwater from the pit. This water still passes through a pond to assure
that no sediment leaves the site. In order to comply with your request, we have submitted
a Notice of Intent for General Stormwater Permit NCG0200. This application was hand
delivered to the DWQ Raleigh Central Office on June 16, 2009.
P.O. Box 429, GARNER, NC 27529 (91 9)779-0017 FAX: [phone]
OFFICES AT 1 01 WEST MAIN STREET, GARNER, NC

Page 2
NCDENR, DWQ
It is Mr. Willis' goal to remain in complete compliance with all environmental permits
at the Sparrow Hawk Sand pit. If you have any questions or concerns, please contact me.
Sincerely,
v
James C. Izzell, Jr., PG
Carolina Geoligical Services; Inc.
enclosures

AQ ���
NCDENR
North Carolina Department of Environment and Natural Resources
Divisiomof-VHater-Quatity
Beverly Eaves Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
May 28, 2009
Mr. Russell E. Willis
P.O. Box 646
Morehead City, NC 28557
Subject: NOTICE OF VIOLATION for Discharge Without a Permit
Tracking No. NOV-2009-OP-0044
Sparrow Hawk Sand Pit
Carteret.County.
Dear Mr. Willis:
Division of Water Quality (DWQ) Representatives, Joanne Steenhuis and Linda Willis conducted an
inspection of the Sparrow Hawk Sand Pit facility in Newport on April 171h, 2009. The Division of Land
Resources notified DWQ that a potential wetland violation may exist at the mine site.
The following issues were noted by DWQ Representatives during the inspection:
Consistency issue
An isolated wetland had been impacted and according to IWGP100000 (enclosed) up to 1/3 acre of
isolated wetlands can be filled without notification to the State. Please read the enclosed State General
Permit associated with the impact and make sure that you are in compliance. Please note that any
additional wetland fill will be considered cumulative for DWQ.
Compliance Issue
Mine dewatering is occurring without a permit [General Statute 143-215.1(a) (1)].
The mine dewatering discharge at this site is permissible by permit only- An application for the
appropriate permit (NCG020000) is enclosed for your convenience. You are hereby requested to
discontinue the discharge until you have received a Certificate of Coverage from the NPDES Stormwater
Permitting Unit in Raleigh. To prevent further action, please respond in writing to this office before June
17, 2009, regarding your plans or measures to address the indicated violations. If you have any questions
you may contact me at 910-796-7215. If you have questions concerning the wetland compliance you
may contact Joanne Steenhuis 910-796-7306. If you have questions concerning the NPDES General
Permit (NCG020000) you may contact Linda Willis at 910-796-7343,
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] L FAX: [phone] Customer Service: 1.877-623-6748 North Carolina
Internet: www.ncwatergaality.org �<itllrRj�l�
An Equal Opportunity l Affirmative Action Employer

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 2, 2008
Russell Willis
109 Merrell Drive
Newport, NC 28570
Subject: Isolated Wetland Impacts
Sparrow Hawk Sand !Mine
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Willis:
Coleen H. Sullins, Director
Division of Water Quality
DWQ # 08 0418
Carteret County
You have our approval, in accordance with the attached conditions, to impact 0.16 acres of
isolated wetlands or waters for the proposed Mine extension as you described in your application
dated March 3, 2008 (see attached plat). After reviewing your application, we have decided this
impact is below the threshold for written authorization as long as all conditions of the Isolated
Wetland General Permit (1WGP) 4100000 certification are met, which may be viewed on our
web site at httpa/h2o.enr.state,nc.us/newetlands. The current Isolated Wetland Rules state that a
General Permit will be issued for isolated wetland fill if impacts are less than one third of an acre
for the entire project and the project is located east of 1-95. You are authorized to proceed under
the Isolated Wetland General Permit Numbef IWGP100000 (enclosed) provided that you can
meet all of the conditions of this certification.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire at midnight
on September 30, 2008. For this approval to be valid, you must follow the conditions listed in
the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify-DWQ that all the work included in the
401 Certification has been completed. The responsible party shall complete the
attached form and return it to the 401/Wetlands Unit of the Division of Water
Quality.
�Vatum! y�
North Csralioa Division of Water Quality 1617 Mail service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Intemcl: www.nevnlereualitv.ora Location: $12 N. SalisburySt. Raleigh, :3C 27604 Fax [phone]% 1-877-623-674a
An Equal Opportutkty/Orrnatve Action Employer- 509f, Recycledl 0% pest Consumer Paper

Page Two
Russell Willis
DWQ Project # 08 0418
Apri12, 2008
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties.
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
To ask for a hearing, send a written petition, Which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under. the, -Wetland-
standards. If you have any questions, please; telephone Ian McMillan at 919.733.1786 or
Joanne Steenhuis in the Wilmington Regional Office at 910.796.7215.
Sincerely,
oanne Steenhuis
Senior Environmental Specialist
Attachment and enclosure
cc: Christopher Hopper — Robert J. Goldstein & Associates, Inc.
Mickey Sugg - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit.
Stephen Rynas — DCM Morehead
Central Files
WiRO

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED
WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
WETLANDS, LESS THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (113) OF OTHER
ISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of
North Carolina as amended and other lawful standards and regulations, including
15A NCAC 2H .1300 and 15A NCAC 2B .0200, promulgated and adopted by the
North Carolina Environmental Management Commission.
Permission is hereby granted to all owners or operators of activities which impact
isolated wetlands, isolated streams or other isolated waters in accordance with
the conditions set forth in Parts 1, II, III, IV, V, VI and VI I of this General Permit
Number One.
This General Permit shall become effective on September 10, 2003,
This General Permit shall expire at midnight on September 30, 2008 or unless
otherwise rescinded by the Director of the NC Division of Water Quality (DWQ).
Alan W. Kimek, Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission

This General Permit is issued in conformity with the requirements of No,
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
for the discharge of fill material to isolated wetlands and isolated waters of tho Stutu of
North Carolina. This Permit may be rescinded when deemed approprluto by tho Diroctor
of DWQ after appropriate public notice.
The State of North Carolina certifies that the specified category of activity will not
violate applicable portions of Sections 301, 302. 303, 306 and 307 of tho public Lowrl
92-500 and 95-217 if conducted in accordance with the conditions horoinaflor ant forth.
Conditions of Permit:
Totaling Impacts and Application Requirements:
A. Application Thresholds -- Impacts to isolated, classified streams',' wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site -specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project'that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams of greater or equal to 150 cumulative f(jot of n1roon)
length for the entire project require written notification to and approval by the
Division of Water Quality, and/or
2. Impacts to isolated lakes and ponds of equal to or greater than 113 of an acre
-require written notification to and approval by the Division of Water Quality,
and/or
3. Impacts to isolated wetlands of greater or equal to 113 of an acre east of 1-95 and
1110 of an acre west of 1-95' require written notification to and approval by the
Division of Water Quality;
4. Proposed fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands
tJWL shall require written concurrence from the Division of Water Quality:
B. Activities which are Deemed Permitted: Impacts to less than j) 150 linear feet of
isolated stream, ii) 113 acre of isolated surface waters, ill) 113 acre of isolate(]
wetlands east of Interstate-95 or iv) 1110 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed;
C. Totaling and Reporting of Impacts_
1. Isolated Streams - Impacts to isolated strums as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for ail impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or

profile occurs. Any filling, excavation, relocation or other modification of the
existing stream (other than flooding) must re-establish the same dimensions,
patterns and profiles of the existing channel (or those of a stable reference reach
if the existing channel is unstable)
2. Isolated Lakes and Ponds — Impacts to isolated waters other than streams and
wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary water impacts shall be enumerated on the
entire project for all Impacts proposed regardless of which 404 Nationwide
Permits are used (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts.
3. Isolated Wetlands - Impacts to isolated wetlands as determined by the Division of
Water Quality shall be measured as area. Permanent and/or temporary wetland
impacts shall be enumerated on the entire project for all impacts regardless of
which 404 Nationwide Permits.are used (If any). Any activity that results in a loss
of use of wetland functions including but not Ilmlted to filling, excavating, draining,
and flooding shall be considered wetland impacts. Impacts to wetlands shall
include aci;vities that change the hydrology of a wetland.
D. Public Notice requirement —A separate Public Notice and Individual Permit will be
required for all projects which propose to impact more than 250 linear feet of isolated
streams or more than one (1) acre of isolated wetlands or other waters in accordance
with 15A NCAC 2H .1303. For impacts less than these thresholds, this General
Permit is applicable without additional Public Notice.
E. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for an Isolated Wetland General or Individual Permit must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted. This payment shall be the higher of the two fees;
F. Impacts to any stream length for streams regulated by the respective riparian buffer
rules in the Neuse, Tar -Pamlico, Catawba or Randleman River Basins (or any other
major river basins with Riparian Area Protection Rules [Buffer Rules) in effect at the
time of application) also requires written concurrence for this Permit from DWQ in
accordance with 15A NCAC 2B.0200 except for "exempt activities" as noted below.
Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Permit as long as they meet the impact thresholds provided in
the rules. New development activities located in the protected riparian areas
(whether jurisdictional streams, wetlands, waters or not) within river basins with
riparian buffer protection -rules shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 2B .0200.
All new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices;
G. Irrespective of other application thresholds In this General Permit, all impacts to
perennial waters and their associated buffers in water supply watersheds require
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II), 21B .0214 (WS-111) and 2B .0215 (WS-
IV). Only water dependent activities, public projects and structures with
diminimus Increases in impervious surfaces will be allowed as outlined in those
rules. All other activities require a variance from the delegated focal government
and/or the NC Environmental Management Commission before the Isolated
Wetland General Permit can be processed. In addition, a 30 foot wide vegetative
buffer for low density development or a 100 foot wide vegetative buffer for high
density development must be maintained adjacent to all perennial waters in

water supply watersheds except for allowances as provided under the Water
Supply Watershed Protection Rules. For the purposes of (his condition,
perennial waters are defined as those shown as perennial waters on the most
recent USGS 1:24,000 topographic map or as otherwise determined by local
government studies;
IL On -Site Stormwater Management:
A. Additional site -specific stormwater management requirements may be added to
this Permit at DWQ's discretion on a case by case basis for projects that have or
are anticipated to have impervious cover of greater than 30 percent for either the
entire site or portions of the site that exceed 30% Imperviousness. Site -specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater,management requirements (such as
[but not limited to] providing diffuse flow through protected buffers) may also be
added on a case -by -case basis.
Additionally, In watersheds within one mile and draining to 303(d) listed
waters, as well as watersheds that are classified as nutrient sensitive waters
(NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW),
and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands, bio-retention areas, and ponds followed by forested filter
strips (designed according to latest version of the NC DENR Stormwater Bast
Management Practices Manual) be constructed as part of the stormwater
management plan when a site -specific stormwater management plan is required.
For streams classified as Water Supply, High Quality Waters and Outstanding
Resource Waters, post -construction, on -site stormwater management shall be
required as appropriate and as outlined in 15A NCAC 28 .0104(m) and 2H .1000
to .1007, respectively, in addition to that required in this General Permit.
Alternative designs may be requested by the applicant and will be
reviewed on a case -by -case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water
Quality's other existing state stormwater programs including appropriate local
programs are sufficient to satisfy this Condition as long as the stormwater
management plans meet or exceed the design requirements specified In this
condition. This condition applies unless more stringent requirements are in effect
from other state water quality programs.
1. Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Permit occur.
2. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
3. Also, before any permanent building or other structure is occupied at the subject
site, the facilities (as approved by the Wetlands Unit) shall be constructed and
operational, and the stormwater management plan (as approved by the
Wetlands Unit) shall be implemented.
4. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.

III. Compensatory Mitigation:
A. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds ith
streams classified as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear,
publicly -funded transportation project, which has a 150-foot per -stream impact
allowance;
B. In accordance with 15A NCAC 2H .1300, compensatory mitigation may be
required for. impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands for an entire project. For linear public transportation projects, impacts equal
to or exceeding 150"feet per stream may require mitigation, In addition, buffer
mitigation may be required for any project with Riparian Area Protection Rules (Buffer
Rules) in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any use of this General Permit.
The most current design and monitoring protocols from DWQ shall be followed and
written plans submitted for DWQ approval as required in those protocols.
When compensatory mitigation is required for a project, the mitigation plans must
be approved by DWQ in writing before the impacts approved by the Permit occur,
unless otherwise specified in the approval letter. The mitigation plan must be
implemented and/or constructed before any permanent building or structure on site is
occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina (April 2001 or its successor), the
restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
C. For any project involving re -alignment of streams, a stream relocation plan must be
included with the General Permit application for written DWQ approval. Relocated
stream designs should include the same dimensions, patterns and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), The
new channel should be constructed in the dry and water shall not be turned into the
new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30
foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the
relocated channel. A smaller buffer may be allowed on a site -specific basis by DWQ.
A transitional phase incorporating coir fiber and seedling establishment is allowable.
Also, rip -rap, A -Jacks, concrete, gabions or other hard structures may be allowed if it
is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any hydraulic calculatlons used to determine the
extent of rip -rap coverage requested. If suitable stream mitigation is not practical on -
site, then stream impact will need to be mitigated elsewhere. If stream relocation is
conducted as a stream restoration as defined in The internal Technical Guide for
Stream Work in North Carolina , (April 2001 or its successor), 2001, the restored
length can be used as compensatory mitigation for the impacts resulting from the
relocation;
D. Culverts and other structures installed in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be
impractical. Design and placement of culverts Including open bottom or bottomless
arch culverts and other structures including temporary erosion control measures shall
not be conducted in a manner that may result in aggradation, degradation or
significant changes in hydrology of wetlands or stream beds or banks, adjacent to or

upstream and down stream of the above structures. The applicant is required to
provide written evidence that the equilibrium shall be maintained if requested to do so
in writing by DWQ. Additionally, when roadways, causeways or other fill projects are
constructed across FEMA-designated floodways or wetlands, openings such as
culverts or bridges must be provided to maintain the natural hydrology of the system
as well as prevent constriction of the floodway that may result in aggradation,
degradation or significant changes in hydrology of streams or wetlands;
IV. Sedimentation and Erosion Control:
A. All erosion and sediment control practices (for land uses that include
construction/development, mining, agricultural and forestry practices) must be In full
compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices (SMPs).
1. For construction/development and land disturbance activities, erosion and
sediment control measures and maintenance must be installed and equal or
exceed the proper design, installation, operation and maintenance outlined in the
most recent version of the "North Carolina Sediment And Erosion Control
Planning and Design Manual'. If land disturbance amounts are below the
thresholds where a Division of Land Resource (DLR) or a DLR delegated
program require a Erosion and Sedimentation Control Plan, then measures and
control practices must be installed such that sedimentation to waters is
prevented.
2. For mining activities, erosion and sediment control measures and maintenance
must be installed and equal or exceed the proper design, installation, operation
and maintenance outlined in the most recent version of the "North Carolina
Surface Mining Manual".
3. For projects located on agricultural sites, Best Management measures must be
installed and equal or exceed the proper design, installation, operations and
maintenance outlined in Section 4 of the Natural Resources Conservation
Services (MRCS) Technical Guide. If erosion and sediment control measures
are not specifically addressed by MRCS Technical Guide for an activity being
conducted, then sediment control measures, control practices. and maintenance
must be instalied and implemented such that sedimentation to waters is
prevented,
4. For project located on forestry sites, Best Management Practices must be
installed that equal or exceed the proper design, installation, operation and
maintenance as outlined in the most recent version of the "Best Management
Practice Manual' developed by the North Carolina Division of Forest
Management. If the Best Management Practices, developed by the Division of
Forest Resources, do not specifically address the activity being conducted, then
measures, control practices, and maintenance must be installed and
implemented such that sedimentation to waters is prevented.
All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources or DLR delegated program has released the project;
V. Compliance with Water Quality Standards:
A. Additional site -specific conditions maybe added to projects proposed under this Permit
in order to ensure compliance with all applicable water quality and effluent standards;
B. Measures shall be taken to prevent live or fresh concrete from corning into contact
with waters of the state until the concrete has hardened;
C. If this Permit is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General or

Individual 401 Water Quality Certifications. The applicant is required to provide evidence
that the lots are buildable without requiring additional impacts to wetlands, waters or
buffers if required to do so in writing by DWQ. For road construction purposes, this Permit
shall only be utilized from natural high ground to natural high ground;
V. Possible requirement for an Individual Permit and Public Meetings
A. The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Permit for any project in this category of activity that
requires written concurrence under this Permit, if it is determined that the project is likely.
to 1) have a significant adverse effect upon water quality, 2) impact state or federally
listed threatened or endangered species, or 3) degrade the waters so that existing uses
of the wetland or downstream waters are precluded-
B. Public meetings may be held for specific applications or group of applications prior to a
Permit decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
VI.
Compliance and Reporting:
A.
If an environmental document is required, this Permit is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
B.
Deed notifications or similar mechanisms shall be placed on all lots with remaining
wetlands and waters or on areas within 50 feet of all streams and ponds if riparian buffer
protection rules are applicable. These mechanisms shall be put in place within 30 days
;of the date of issuance of the General Permit letter or the issuance of the 404 Permit
(whichever is later). A sample deed notification format can be downloaded from the
'
401 Mletiands Unit web site at httg:/lh2o.enr.state.nc.uslncw_etlands_ . DWQ shall be sent
copies of all deed restrictions applied to these lots;
C.
When written concurrence is required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by this
General Permit has been completed;
D.
Concurrence from DWQ that this Permit applies to an individual project shall expire five
years from the date or the cover letter from DWQ or on the same day as the expiration
date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is
sooner unless otherwise explicitly allowed in the approval letter from DWQ,
E.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Permit for the project and may also result in criminal
and/or civil penalties,
F.
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
143-215.6A to 143-215.6C.
G.
This permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
H.
The Issuance of this Permit does not prohibit the Director from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code 3, Subchapter 02H. 1300, and North Carolina General Statute 143-215.1 et. al,
1.
The Permit is not transferable to any person or entity except after notice to and written
approval by the Director. The Director may require modification or revocation and
refssuance of the Permit to change the name and incorporate such other requirements as
may be necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will
be considered on its merits, and may or may not be approved.

�r
.7.
F
1M
I
J. The issuance of this Permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other
governments agencies (local, state, and federal) which have jurisdiction. If any of those
permits results in revisions to the plans, a permit modification must be submitted.
K. The permittee grants permission to DENR Staff to enter the {property during business
hours for the purposes of inspections and compliance review.
L. The permittee shall notify the Division of Water Quality of any mailing address changes
within 30 days.

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, .
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. it is not necessary to send
certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials. .
Signature: Registration No. Date

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Office Use Only: Form Version March 05
USACE Action 11) No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
❑ Section 404 Permit ❑ Riparian or Watershed Buffer Rules
❑ Section 10 Permit ® Isolated Wetland Permit from DWQ
❑ 401 Water Quality Certification ❑ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ❑
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ❑
II. Applicant Information
1. Owner/Applicant Information
Name: Russell Willis
Mailing Address:
109 Merrell Drive, Newport, NC 2870
Telephone Number: 252-741-1748 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ward Marotti
Company Affiliation:_ Robert J. Goldstein and Associates, Inc.
Mailing Address:
1221 Corporation Parkway. Suite 100
Raleigh, NC 27610
Telephone Number: 919-872-1174 Fax Number: 919-872-9214
E-mail Address: wmarottinrigacarolina.com
Page I of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion;
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 1 i by 17-inch format,
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the frill -size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Narne of project: Sparrow Hawk Sand Mine
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 6328012
4. Location
County: Carteret Nearest Town: Newport
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.):
From the intersection of US 70 and Nine Foot Road (SR 1124) (Newport, NC) travel west on
Nine Foot Road 3.32 miles. Turn right (north) onto Lake Road (SR 1125) and travel
approximately 0.19 miles. Turn right north onto S arrow Hawk Road a private gravel
road). If Lake Road turns completely west and Lakewood Court is reached on the right
(north of the road) you've gone too far. Follow the gravel road north 180 feet, where it turns
sharply east. Follow it east, over an agricultural ditch, for 390 feet, where it turns north.
Follow it 250 feet, where it intersects the southwestern property corner. Parcel 6328012's
western boundary continues north-northeast along the gravel trail (parallel to the drainage
ditch) for approximately 2,660 feet.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.795646608 ON -76.924649228 °W
6. Property size (acres): 18.64 acres
7. Name of nearest receiving body of water: New ort River. Northwest Prong
8. River Basin: White Oak (HU 03020106030010)
Page 2 of 9

(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state nc.us/admii-i/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site is bordered to the north by the forested Croatan Game Land (US Forest service),
along, the Newport River's north fork: to the west (across the —5 foot deep, —12 foot wide
ditch) by six large residential lots (3 are —10 acres and three are —1 acre); to the east by three
residential lots at the end of a cul-de-sac (northeast corner, 0.5-1.0 acre), a 15 acre forested
lot, and two hay fields. 16 acres of the 18.64 acre parcel is currently being, mined. -Pursuant
to permit 16-58. _Approximately two acres of the parcel are occupied by a landfill.
10. Describe the overall project in detail, including the type of equipment to be used:
The conversion of the 0.16 acre non-404 jurisdictional wetland into a pond will begin with
mechanical clearing, of all vegetation and removal of all overburden using, a bulldozer, a track
hoe, and a haul truck. Once site preparation is complete, Mining Area 1 will be extended
north until it is within 25 feet of the landfill, pursuant to the addendum to mining permit 16-
58 (to be submitted upon receipt of formal NCDWQ response verifying that no isolated
wetland impact permit is required for impacts less than 1/3 acre).
11. Explain the purpose of the proposed work:
Converting the 0.16 acre non-404 jurisdictional wetland into a pond will be done to increase
the volume of materials available at the Sparrow Hawk Mine.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.F. project, along with
construction schedules.
A "NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED" form (SAW Form
654 Action ID 2007-02135-016 signed by Mickey T. Su g. was -provided to the mine owner
on 3 July 2007 (attached). No impacts to any wetlands or waters have been proposed or
approved prior to this courtesy PCN. The 0.16 acre forested wetland will not be impacted until a
Kermit to expand the mine is granted by the North Carolina Division of hand Resources.
Page 3 of 9

V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future wetland impact _permits _are anticipated for the project.
Vl. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
The 0.16 acre non-riverine swatrtp forest will be converted to an open pond after sand is removed
to a depth of approximately 25 feet.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and floodine.
Wetland Impact
Type of Wetland
Located Nvithin
Distance to
Area of
Site Number
Type of Impact
{e.g., forested, marsh,
100-year
Nearest
ImpactFloodplain
(indicate on map)
herbaceous, bog, etc.)
Stream
(acres)
(es/no)
(linear feet)
I
Mechanized clearing
Non-riverine swamp forest
NO
2,150
0.16
and excavation
Total Wetland Impact (acres)
0.16
3. List the total acreage (estimated) of all existing wetlands on the property: 0.16 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding; relocation, stabilization activities (e.g., cement walls, rip -rap; crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 9

5.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent?
Average
Stream Width
Before Impact
Impact
Length
(linear feet)
Area of
Impact
(acres)
NA
NA
No impact
NA
NA
0
0
Total Stream Impact (by length and acreage)
6. Individually list all open water impacts (including lakes, ponds, estuaries, sounds; Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredOm-Y, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact
Type of Waterbody
(take, pond, estuary, sound, bay,
ocean, etc.)
Area of
Impact
(acres)
NA
NA
No impact
NA
0
Total Open Water Impact (acres)
7. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres):
0
Wetland Impact (acres):
0.16
Open Water Impact (acres):
0
Total Impact to Waters of the U.S. (acres)
0
Total Stream Impact (linear feet):
0
8. Isolated Waters
Do any isolated waters exist on the property? ® Yes ❑ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
The 0.16 acre non-riverine swam forest wetland will be converted to a pond following
mechanized clearing and mechanized excavation during dewatering. pursuant to mining
9, Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond shottld
be described here and illustrated on any maps included with this application.
Page 5 of 9

Pond to be created in (check all that apply): ® uplands ❑ stream ® wetlands
Describe the method of construction (e.g., dani/embankment, excavation, installation of
draw -down valve or spillway, etc.):
excavation of sand below the water table using a track hoe. haul(dump) trucks, and
dewatering_pump
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aestlietic, trout pond,
local stormwater requirement, etc.): T
The pond will be formed as result of the removal of sand below the water table.
Current land use in the vicinity of the pond:_
residential, agricultural, Croatan National Forest
Size of watershed draining to pond: 0.0 acres a permanent -peripheral berm will be created
around the entire _pond during mining and left in place post -mining, pursuant to mining
perinit 16-58)
Expected pond surface area: 6.5 acres
VI1. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
After mining permit 16-58 was granted on 24 May 2005_material removal from the site
began. After two years, it was determined that to have the operation remain profitable, mining
areas specified in DLR permit 16-58 would have to be connected by excavating the small
wetland and the surroundiniz buffer separatiniz them.
ViII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 6 of 9

mitigation as proposed. Examples of mitigation that may be appropriate and practicable include;
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://112o.enr,state.nc.iis/ncwetlands/strmgide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map; if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Pursuant to the above paragraph regarding DWQ mitigation requirements, no mitigation is
necessary for or impacts less than I acre. The 0.16 acre impact will therefore not require any
mitigation.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet). 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non -riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ❑ No
Page 7 of 9

2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the Nationat or North Carolina Environmental Policy Act (NEPA/S1-"-PA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No ❑
3. If yes; has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar -Pamlico); 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ❑ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mith,ation
l 0 3 (2 for Catawba) 0
2 0 1.5 0
Total 0 0
* Zone ! extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260.
No riparian buffer impacts will occur. Therefore. no riparian buffer mitigation is required.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
Paee 8 of 9

the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No impervious surface area is present. and none will be created on the site. Stormwater controls
are addressed in mining permit 16-58.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Temporary it dewaterinp, is addressed in mining permit 16-58. It will cease upon completion
of mining.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No
Is this an after -the -fact permit application? Yes ❑ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstrearn water quality? Yes ❑ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:Hh2o.enr.state. nc.uslncwetland s. if no, please provide a short narrative description:
No additional development will result from mining on the site. On the contrary, upland areas
that could have been developed where the pond will exist will not be possible once the pond is
created. Creation of the pond will therefore eliminate the possibility -of additional impervious
surface area on Carteret Countv parcel 6328012.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
This is a courtesy PCN that will not constrain mine expansion.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

Division of Water Quality / Surface Water Protection
MCDENRNational Pollutant Discharge Elimination System
'k— C -n.. th.w.­ w
Fwii6+Ivl.YT YR) knSR4. RC_'1D1K�3
NCG020000 '
NOTICE OF INTENT
FOR AGENCY USE ONLY
Dare Received
Year
Munth
Day
Certificate of Coverage
Check # Atnuwit
Pcrmtt Assigned to
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below)
The following activities are also included:
• Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge
stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located on the site of such operations,-
Stormwater from vehicle maintenance activities at mining operations;
• Overflow from facilities that recycle process wastewater; and/or
• Mine dewatering (wastewater)
The following activities are specifically excluded from coverage under this General Permit:
• Stormwater discharges associated with peat mining, coal mining, and metal mining;
• Stormwater discharges frommining operations which are intermixed on site with stormwater from asphalt
operations and/or concrete operations; _
• Stormwater discharges associated with oil and gas extraction.operations; and.
• Storm water:discharges associate_ d with tourist gem mines ,
• NCDOT borrow pits aye covered under NCS000150
The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000:
• Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand
dredging or dipping operations). .
For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This
NOI is also an APPLICATION FQR an`-,ATC for,new:wastewater treatment facilities: >ATC requests must be
submitted at least 90 days prior to construction'.
For exi� stin4 mining sites that require an Authorization to Operate (ATOj waste'vtrater treatment facilities:
This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place.
Construction, modification, or installation of anV new treatment components at an existing site requires
an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI).
Some wastewater treatment facilities used to treat or recycle process wastewater (even if commingled
with, stormwater) at,mining sites will require an ATC prior to construction per 15A NCAC 2H .0138.
Please see the NCG020000 General Permit for details about which treatment facilities require an
ATC (summarized in Table 1 at the end of this forth). For' example,�-an ATC is required for treatment
of mine dewatering discharge from clay pits and non -closed -loop wastewater recycle systems. The
authorization to construct or continue to operate will be issued at the same time as the Certificate of
Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements
of 15A NCAC 2H .0138 & .0139.
Page 1 of 7
As per 15A NCAC 2H .0106
2Unless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to
perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed
and sealed by a P.E.
SWU-217-071408 Last revised 7/14108

NCG020000 N.O.I.
Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit
at new or existing mining sites requires submission of three (3) sets of plans and specifications signed
and sealed by a Professional Engineer (P.E.) or qualified staffz along with this application. A copy of the
design calculations should be included. Please see questions 18 & 19.
Table 1: Wastewater Permit ATCIATO Requirements
t
` . °Mrne
F ' pp..
:_*.:�'.�]'S£a,_....,ww
Yeses
No
Quarries
—
•
Sand Pits
—
•
Clay Pits
•
—
Any Dewatering with Chemical Treatment
•
—
; .. Process Wastewater � RKN';
„:...
Sand/Gravel
- -
•
Closed -Loop Recycle
—
•
Other Recycle
•
—
IK For questions, please contact the DWQ Regional Office for your area. (Seepage 7)
1
(Please print or type)
1) Mailing address of owner/operator (address to which all permit correspondence will be mailed):
Name 1RUSSFLL E. WILLIS
Street Address �1-09 ME9V_E.- L
City Blew p owr _ State NC ZIP Code 25 6 70
Telephone No. Z5'2- 772-(,o - 4 R 3 Fax:
E-mail Address
2) Location of facility producing discharge:
Facility Name SPO raTzo W "WY, 50'N o -Pt T
Facility Contact
Street.Address 3 ATMo ! W1C L4. o;:r oC A E 72o
City State ZIP Code
County. cA€asmItET
Telephone No. Fax:
Contact E-mail
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). ',4 r -TW EIVO AC $cR494Zo W 1,4i WK t�
OFF 0 ILAKCO R4 ri arv*4-, af1 5.12- 112q
4) Latitude 34.191+ 1 Longitude 7&. R2 S!i (degrees, minutes, seconds)
5) This NPDES Permit NOI Application applies to which of the following:
❑ New or Proposed Facility
LR'Existing
Date operation is to begin
❑ New Permit not applicable - ATC request only. NPDES Permit Number
Page 2 of 7
SWU-217-071408 Last revised 7114108

NCG020000 N.O.I.
S) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: 1_ It 41 U
7) Provide a narrative description of the types of minerals mined at this facility: =�&iJ-
8) Discharge Points:
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Stormwater: Mine dewatering: �_ Process Wastewater Overflow:
Discharge points should be clearly marked on the submitted site plan.
Please provide short narrative description of discharges: OCCA 5joW,4(.- rMl d 6 DCWATCM NC
9) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
and/or wastewater discharges end up in? _tiONAMEn --.WM JTAM1, 9P PASWPOiLT RtVM
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
Receiving water classification (if known):
Note: Discharge of process wastewater to receiving waters classified as WS-11 to WS-V or SA must
be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage
under NCG020000 cannot be granted. No new discharges of process wastewater are
permitted in receiving waters classified as W5-1 or freshwater ORW.
10) Will
mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands?
L�lN0
❑ Yes If yes, please provide information about any 404/401 Certification permits.
Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities thatLhave
the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and
implement an Operation and Monitoring (O&M) Plan that has been approved by the Division.
The O&M Plan should be submitted to the Regional Office and must be approved prior to operation.
The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the
effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed
plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance.
11) Does this facility already have a valid Mining Permit from the Division of land Resources (DLR)?
❑ No (If not, please indicate the status of the Mining Permit application:
CE'ees
If yes, please provide the Mining Permit number and include a copy with your application: ! — —� 0
Note: DWQ cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or
renewed by the Division of Land Resources (DLR).
Page 3 of 7
SWU-217-071408 Last revised 7/14/08

NCG020000 N.Q.I.
12) Will this mining operation precede development activities at this site?
L7eNo
❑ Yes
13) Does this facility have any other NPDES permits?
O-No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
14) Does this facility have any Non -Discharge permits (ex: recycle permits)?
[R<O
❑ Yes
If yes, list the. permit numbers for all current Non -Discharge permits for this facility:
15) Does this facility employ any best management practices for stormwater control?
❑ No
C]'Yes
If yes, please briefly describe: f71SC-"tzC.c V4A:EU PA96E5 TLWXCUGN Pd �J O
16) Does this facility have a Stormwater Pollution Prevention Plan?
C'lo
❑ Yes
If yes, when was it implemented?
17) Will vehicle maintenance activities occur at this facility?
RO&O ❑ Yes
Wastewater Treatment Facilities:
18) Will mine dewatering discharges occur? (ATCIATO required for clay pits or dewatering. with chem. treatment)
❑ No IKes
19) Will discharges of overflows from process wastewater. treatment systems occur? (ATC or ATO required,
unless sand/gravel mining or closed -loop recycle system)
[eNo ❑ Yes
If yes, answer the following questions on the wastewater treatment system:
a. Please describe the type of process used to treat and/or recycle the process wastewater. Give
design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment
facilities should be described in detail, and design criteria or operational data should be provided
(including calculations) to ensure that the facility can comply with requirements of the General
Permit. [Use separate sheet(s)]
Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes
If yes, please state the name, manufacturer and the quantity of average daily usage of the
chemical additive
Note: Please see http://h2o.enr.state.nc.us/ws/PAMS list.htm for a list of approved polyacrylamide (PAMS)
products for use in North Carolina.
Page 4 of 7
SWU-217-071408 Last revised 7/14/08

NCG020000 N.O.I.
C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?
❑ No ❑ Yes — N D OvC-9-T-'L4LJ - PU We't It S(,UAM1.7_ 0 N 4
20) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain?
IISNo es If so, include information to demonstrate protection from flooding. (Minimum design
requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.)
21) Hazardous Waste:
a) Is this facility a HazardousWasteTreatment, Storage,'or Disposal Facility?
Rr'No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
OAO ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or. more of hazardous waste generated per month) of
hazardous waste?
12"N' o ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How.many disposal shipments per year:
Name of transport 1 disposal vendor:
Vendor address:
22) Certification: North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
(Environmental fvlanagementl Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not 10
exceed ten thousand dollars ($10,000).
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an
individual permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. i agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
mining permit must be attached to this request.
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate
protection so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules
governing solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to
not result in contamination of the surface or ground waters.
Page 5 of 7
SWU-217-071408 fast revised 7/14108

NCG020000 N.O.I.
agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of. the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Printed N me of Person Signing:
Title:
of Applicant)
,
to Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR.
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $100 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status
❑ Copy of a county map or other general location map that shows the mining site and nearest major roads
❑ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly
shows site location in relation to nearby streams, wetlands, and other waters, etc.
❑ Copy of mining site plan with all wetlands clearly delineated
❑ If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional
office about an O&M Plan (contact information on the next page). Please refer to this O&M Plan checklist:
✓ Site map with wetlands, ditches, well -placements, borrow areas, overburden storage, stormwater
controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads.
✓ Well information (design, depths, maintenance)
✓ Physical monitoring for the wetlands areas
✓ Settling pond sizing information, if applicable
✓ Level spreader design, if applicable
✓ Details about dewatering method
✓ Description of measures to prevent erosion and flooding
❑ If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed,
sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on
Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features,
including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater
will not be mixed with wastewater.
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
Page 6 of 7
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NCG020000 N.O.I.
For questions, please contact the DWQ Regional Office for your area.
DWQ Re ional Office Contact Information:
Asheville Office..,...
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .......;
.[phone]
Page 7of7
SW U-217-071408 Last revised 7114108

A'N'A�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, P.G., P.E. Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
May 27, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 2150 0005 7360 5993
Mr. Russell E. Willis
P.O. Box 646
Morehead City, North Carolina 28557
RE: Mining Permit No.16-58
Sparrow Hawk Sand Pit / Carteret County
White Oak River Basin
Dear Mr. Willis:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the permitted acreage to 15.68 acres and the
affected acreage at this site to 12.9 acres as indicated on the mine maps last revised April 8,
2008. The modification includes the expansion of the permit boundary and mine excavation
area. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration_ date, mine name and permit number
shall remain the same as before the modification. I would like to draw your particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 4B, 4C and Reclamation Condition No. 3.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
As a reminder, your permitted acreage at this site is 15.68 acres and the amount of
land you are approved to disturb is 12.9 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: [phone]
512 North Salisbury Stree., Raleian, North Carolin 2760= .
An Eaua! O000rruniiv 1 Afiir;ta[ive Acvnn EmnloVer- 50iQ Recycled 1 10'10 Pos; CO-ISLMer :Iac r

Mr. Russell E. Willis
May 27, 2008
Page 2
Please review the modified permit and contact Ms. Chastity Clark, Assistant Mining
Specialist, at [phone] should you have any questions concerning this matter.
Sincerely,
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/cnc
Enclosures: Modification
Notice of issuance
CC' Mr. Dan Sams
Ms. Shannon Deaton - WRC, w/permit
Mr. Bradley Bennett - DWQ, w/permit
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, w/ permit

DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Russell E. Willis
Sparrow Hawk Sand Pit
Carteret County - Permit No. 16-58
for the operation of a
Sand
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: May 24, 2©'15

Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining .operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the -successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49,
Modifications
May 27, 2008: This permit has been modified to increase the affected acreage at his site to
12.9 acres as indicated on the mine maps, Sheet 1 revised April 8, 2008 and received by the
Land Quality Section on April 9, 2008. The modification includes the expansion of the
excavation area.
Expiration Date
This permit shall be effective from the date of its issuance until May 24, 2015.

Page 3
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et, seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained.to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All drainage from the affected areas around the mine excavations shall be
diverted internal to said excavations, as indicated on the mine map last revised
April 8, 2008.
C. All mining activities, including the construction and maintenance of their
associated sedimentation control measures, shall be conducted in accordance
with the Mine Map last revised April 8, 2008.

Page 4
5. All permit boundaries (15.68 acres) shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer, as indicated on the mine map last revised April 8, 2008, shall be
maintained between any excavation and any mining permit boundary to protect
adjacent property_
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit,.the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. ' wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel

Paae 5
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information 'must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal-
1 , the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established.
11. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
12. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $10,000.00
Assignment of Savings Account, is sufficient to cover the operation as indicated in the
approved application. This security must remain in force for this permit to be valid. The
total affected land shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site'to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article-3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
-provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.

Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a.
separable obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on -the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service,
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, -the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:

Page 7
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 10D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan prepared by Mr. James Izzell, PG, dated June 3, 2004 or the
following. -
Permanent Seeding Specifications
Dates Species
February 15- April 1 Kobe Lespedeza
Bahiagrass
Redtop
Winter rye (grain)
April 1- July 31
August 1- October
October 25- February 15
Common Bermuda
Lespedeza (unscarified)
German millet
Rye (grain- temporary)
Rate, Lbs/Acre
10
50
1
15
50
30
40
W11
Soil Amendments
Lime - 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.

Page 8
Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000
Ibslacre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining. -
This permit, issued to Mr. Russell E. Willis on May 24, 2005 is hereby modified this 273h
day of May, 2008 pursuant to G.S. 74-52.
By: z"L�i�
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources

NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application to modify this mining permit filed by Mr. Russell E. Willis to conduct mining
activities off SR 1125 in Carteret County. The mining permit (No. 16-58) was modified on May
27, 2008.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA and NC'
General Statute 74-61, a petition for a contested case must be filed in the Office of
Administrative Hearings within thirty (30) days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 15013-23. File the original petition and.one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning [phone].
You must serve the Department of Environment and Natural Resources by mailing a
copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601. .�
-All
4/m es D. Simons
irector
Division of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on oe!/)z
Brenda Harris
Mining Program Secretary

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor . Director Secretary
May 28, 2009
Mr. Russell E. Willis
P.O. Box 646
Morehead City, NC 28557 `
Subject: NOTICE OF VIOLATION for Discharge Without a Permit
Tracking No. NOV-2009-OP-0044
Sparrow Hawk Sand Pit
Carteret County
Dear Mr. Willis:
afI"
Division of Water Quality (DWQ) Representatives, Joanne Steenhuis and Linda Willis conducted an Pq
inspection of the Sparrow Hawk Sand Pit facility in Newport on April 17f", 2009. The Division of Land
Resources notified DWQ that a potential wetland violation may exist at the mine site.
The following issues were noted by DWQ Representatives during the inspection:
Consistency issue
An isolated wetland had been impacted and according to IWGP100000 f enclosed) up to 173 acre of
isolated wetlands can be filled without notification to the State. Please read the enclosed State General
Permit associated with the impact and make sure that you are in compliance. Please note that any
additional wetland fill will be considered cumulative for DWQ.
Compliance Issue
Mine dewatering is occurring without a permit [General Statute 143-215.1(a) (1)) .
The mine dewatering discharge at this site is permissible by permit only. An application for the
appropriate permit (NCG020000) is enclosed for your convenience. You are hereby requested to
discontinue the discharge until you have received a Certificate of Coverage from the NPDES Stormwater
Permitting Unit in Raleigh. To prevent further action, please respond in writing to this office before June
17-_7, 2009, regarding your plans or measures to address the indicated violations. If you have any questions
you may contact me at 910-796-7215. 3f you have questions concerning the wetland compliance you
may contact Joanne Steenhuis 910-796-7306. If you have questions concerning the NPDES General
Permit (NCG020000) you may contact Linda Willis at 910-796-7343.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
CC: WiRO NCG020 Carteret: CO DWQ Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www,ncwaterquality.org Naturally
/ y 'J `" atuya l y
An Equal Opportunity L Afimative Action Employer

WIA
NCB NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 28, 2009
David Fussell
P.O. Boa 756
Rose Hill, NC 28458
Dear Mr. Fussell,
It has come to the attention of the Division of Water Quality compliance staff in the Wilmington
Regional Office that your facility located on Yellow Cut Road does not have coverage under the
required Stormwater General Permit NCG060000. Permit NCG060276 provides coverage for
stormwater discharges from your facility located at 505 Sycamore Street. If you believe your
facility at 505 Sycamore Street does not require the permit, you can request a correction in
writing to the Stormwater Permitting Unit, identifying the facility on Yellow Cut Road as the
facility requiring the permit. Upon receiving your request, the Stormwater Permitting Unit will
require a site visit by the Regional Office staff to detennine if the permit is not needed at 505
Sycamore Street. You should contact Linda Willis to schedule a site inspection for concurrence.
Should both facilities require the permit, you will be required to apply for another pen -nit for the
manufacturing facility on Yellow Cut Road by completing an application form called a "Notice
of Intent" for a General Permit NCG060000. The application should be sent to the Stompwater
'Pennitting Unit (attention Bradley Bennett) at Mail Service Center 1617, Raleigh North Carolina
27699-1617 with a check for $100.00 made payable to NCDENR DWQ.
Failure to secure coverage under this permit for your facility on Yellow Cut Road constitutes a
violation of the North Carolina General Statute 143-215.1(a)(1) for making an outlet to waters of
the State without a permit. To prevent further action, please respond in writing to this office
before June 17, 2009, regarding your plans or measures to address this situation. If you have any
questions you may contact me at 910-796-7215.
Sincerely,
Rick Shiver
Wilmington Regional Supervisor
Division of Water Quality
Surface Water Protection Section
CC: Wiro DWQ NCG060000-Duplin
CO Stormwater Permitting Unit, Attn: Bradley Bennett
CO NPS Compliance Oversight Attn: John Hennessey
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer service: 1-877-623-6748 North Carol in a
Internet: www.ncwaterquality.org Natura!!tf
An Equal Opportunity 1 Affirmative Action Employer

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