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NCG020766_COMPLETE FILE - HISTORICAL_20120502
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /VC&OaDqIy DOC TYPE 9/HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ �O YYYYMMDD Rijn tt CDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mrs. Janet G. Whitehead 3421 Highway 210 West Hampstead, NC 28443 Mrs. Whitehead, Division of Water Quality Charles Wakild, P. E. Director May 2, 2012 Dee Freeman Secretary Subject: Compliance Evaluation Inspection Shaw Highway Pit NPDES General Permit NCG020766 Pender County On March 3, 2012, Jean Conway and Joanne Steenhuis from the Division of Water Quality Wilmington Regional Office conducted an inspection of the Shaw Highway Pit located in Pender County. This inspection was conducted in response to a DLR mining renewal request and to determine if the facility is operating in compliance with the conditions specified in NPDES General Permit Number NCG020766. On March 27, 2012 DWQ staff conducted a follow up visit along with Crystal Amschler of the US Army Corps of Engineers. During the inspection, it was found that the wetland areas were not marked and that the buffers were inadequate to protect the wetlands and stream. USACOE representative, Ms. Amschler requested that a wetland delineation be performed in order to identify the wetland areas and any possible impacts that may have occurred. I have enclosed information regarding coverage and requirements of the permit along with a copy of the NCG20000 General Permit to discharge stormwater, mine dewatering and process wastewater. • Please provide a wetland delineation to ensure wetlands do not exist within the mine boundary. Be sure the boundaries are properly marked to ensure the employees working at the site can maintain the adequate buffers to any adjacent wetlands and/or streams (etc.). • Develop and implement a Stormwater Pollution Prevention Plan (SPPP) that includes a site map sufficient to clearly depict: the site property boundary indicating the position of all wetlands, ditches, borrow areas, stormwater controls and the mine footprint. In addition, the following industrial activity areas must 127 Cardinal ©rive Extension. Wilntinmon. North Carolina 2840i-384i Plione: 910-790-72 1511:ax:910-3J0-20041Customer Scrvice: [-877-023-0748 Inientet: www.nctva[er nalit .or An Equal Opportunity 1 Alfnnative Action Employer NorthCarolina Aw rally Shaw Highway Pit ns County pa, Page 2 of 2 also be identified on the site map- fueling, engine maintenance and repair, vessel maintenance and repair, washing, painting, sanding, blasting, welding, and metal fabrication. The General Stormwater & Wastewater Permit for Mining (NCG020000) requires a Stormwater Best Management Practices (BMPs) Plan that includes: a thorough inspection and maintenance plan; preventative maintenance and good housekeeping measures, including spill control and cleanup measures; stormwater management requirements; and the requirement that erosion and sedimentation control (E&SC) measures in the mining permit or E&SC plan approved by the Division of Land Resources be implemented. In addition, the NCG02 permit requires qualitative and analytical monitoring of discharges. If you have any questions or concerns, please do not hesitate to contact me or Joanne Steenhuis at 910-796-7215. Sincerely, 1: �� cv� Jean Conway Surface Water Protection Wilmington Regional Office Enclosures: Inspection Reports (2) Technical Bulletin General Permit Text CC' DWQ/ Raleigh Central files WiRO NPDES General Permit Files (Pender County NCG020766) WiRO DLR Permit: NCG020766 SOC: County: Pender Region: Wilmington Compliance Inspection Report Effective: 04/01/10 Expiration: 12/31/14 Owner: Janet Whitehead Effective: Expiration: Facility: Shaw Highway Pit - Rocky Point 4324 Shaw Hwy Contact Person: Janet Whitehead Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Title: Inspection Date: 03/05/2012 Entry Time: 10:00 PM Primary Inspector: Jean Conway Secondary Inspector(s): Rocky Point NC 28457 Phone: 910-270-4614 Certification: Exit Time: 11:00 PM Phone: Phone: 910-796-7215 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: 0 Compliant ® Not Compliant Question Areas: 0 Storm Water (See attachment summary) Page- 1 Permit: NCC3020766 Owner -Facility: Janet Whitehead Inspection Date: 03/0512012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The buffer consists of woody vegetation mixed in with dirt pushed into a berm which appears to be encroaching into wetland areas. A previous breach from this area has been documented and repaired but there is a high potential for impacts to the wetlands from future mining activity in this area. A follow up site visit is planned by DWQ and a USACOE representative. Permit and Outfalls # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment: Yes No NA NE ❑❑I]■ ■nnn 0 0 M 0 D 00 0 Page: 2 Compliance Inspection Report Permit: NCG020766 Effective: 04/01/10 Expiration: 12/31/14 Owner: Janet Whitehead SOC: Effective: Expiration: Facility: Shaw Highway Pit - Rocky Point County: Fender 4324 Shaw Hwy Region: Wilmington Rocky Point NC 28457 Contact Person: Janet Whitehead Title: Phone: 910-270-4614 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 03/2712012 EntryTime: 10:00 AM Exit Time: 12:00 PM Primary Inspector: Jean Conway U Phone: 910-796-7215 Secondary Inspector(s): Joanne H Steenhuis Phone: Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COG Facility Status: n Compliant ■ Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 Permit: NCG020766 Owner - Facility: Janet Whitehead Inspection Date: 03/27/2012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: The wetland areas are not marked it appears there is not adequate buffer to protect the wetlands. USACOE representative, Crystal Amschler requested a delineation of the wetlands be performed in order to identify wetlands and any possible impacts. Page: 2 Permit: NCG020766 Owner -Facility: Janet Whitehead Inspection Date: 03/27/2012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? n n n ■ # Does the Plan include a General Location (USGS) map? n ❑ ❑ ■ # Does the Plan include a "Narrative Description of Practices"? n n n ■ # Does the Plan include a detailed site map including outfall locations and drainage areas? n n n ■ # Does the Plan include a list of significant spills occurring during the past 3 years? n n n ■ # Has the facility evaluated feasible alternatives to current practices? n n n ■ # Does the facility provide all necessary secondary containment? n n ■ n # Does the Plan include a BMP summary? ❑ ❑ n ■ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? n n n ■ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? n n n ■ # Does the facility provide and document Employee Training? n n n ■ # Does the Plan include a list of Responsible Party(s)? n n n ■ # Is the Plan reviewed and updated annually? n n n ■ # Does the Plan include a Stormwater Facility Inspection Program? n n n ■ Has the Stormwater Pollution Prevention Plan been implemented? n n n ■ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n n n ■ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n !� n ■ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n n ■ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? n ❑ ❑ ■ # Were all outfalls observed during the inspection? ■ n n n # If the facility has representative outfall status, is it properly documented by the Division? fl n ■ n # Has the facility evaluated all illicit (non stormwater) discharges? n n n ■ Comment: Page:3 L ' jA7A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources C.Land Quality Section. James D. Simons, PG, PE Director and State Geologist CERTIFIED MAIL. RETURN RECEIPT REQUESTED 7008 1300 0000 1125 6613 Ms. Janet Whitehead 3421 Highway 210 West Hampstead, North Carolina 28443 RE: Renewal Request for Shaw Pit Permit No. 71-20 Pender County Cape Fear River Basin Dear Ms. Whitehead- C_'� G"":-O Beverly Eaves Perdue, Governor November 18, 2011 Dee Freeman, Secretary L�0V •, 3 l�.l11 This is in response to your submittal of the renewal request dated November 8, 2011 for the above referenced mine site. The renewal request was received in this office on November 9, 2011. Pursuant to G.S. 74-52 (b), an uncorrected violation of the type listed in G.S. 74--51 (d) provides the basis for the denial of the renewal of a mining permit. One of the -violations listed in G.S. 74-51 (d) is (d)(7)(b) which states that the forfeiture of part or all of a bond or other security is cause for denial of a permit renewal. On October 5, 2011, the Department collected your $13,600.00 reclamation bond for the Whitehead Fish Farm Mine (expired mining permit no. 71-17) through bond forfeiture proceedings. Due to this previous bond forfeiture (and the fact that the Fish Farm Mine site has not been reclaimed), your request for renewal of mining permit no. 71-20 is hereby denied. Pursuant to G.S. 74-51 (g), the Department is required to notify you of any modifications in the application that would make the application acceptable. In order to be able to renew any mining permit you hold at this time, the bond forfeiture violation must be resolved. This would entail the complete reclamation of the site for which the bond was forfeited (expired mining permit no. 71-17). Please note, however, that you must initiate renewal of a mine permit application before its expiration date. Thus, your bond forfeiture violation for the Whitehead Fish Farm Mine would have to be resolved and your renewal application for the Shaw Pit received (with the required processing fee) prior to February 13, 2012. 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr.enr.state.nc"us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper CERTIFIED MAIL Ms, Whitehead Page Two You may appeal this denial by filing an appeal as provided in G.S. 74-61. This petition must conform to the requirements of G.S. 150 B-23 and be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. A copy of the petition must be served on the Department as follows: Mary Penny Thompson Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 In addition, please also be reminded that your $19,000.00 mine reclamation bond (Irrevocable Standby Letter of Credit No. 100063, previously Carolina First Bank's Irrevocable Standby Letter of Credit No. 02-452) for the Shaw Pit is currently under a bond cancellation notice. (Please refer to the letter you received from Ms. Ashley Rodgers of this office dated October 14, 2011.) If the referenced bond is not reinstated or replaced by January 7, 2012, mining permit no. 71-20 will be automatically revoked (G.S. 74-50(c)). Thus, all mining activities must cease and the entire mine site must be completely reclaimed. Should any further mining activities occur at the site after this date, such activities will be considered mining without a permit and subject to further enforcement action, such as civil penalties and injunctive relief. Please contact Ms. Janet Boyer, State Mining Specialist, Land Quality Section, as soon as possible regarding your intentions in this matter. She may be reached at (919) 733-4574. Sincerely, . ff f= James D. Simons, PG, PE l>' Director Division of Land Resources JDSIar Enclosure: Renewal application materials for mining permit no. 71-20 received by the Land Quality Section on November 9, 2011 CC' Mr. Dan Sams, PE Ms. Janet Boyer, PE w� C®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director May 2, 2012 Mrs. Janet G. Whitehead 3421 Highway 210 West Hampstead, NC 28443 Dee Freeman Secretary Subject: Compliance Evaluation Inspection Shaw Highway Pit NPDES General Permit NCG020766 Pender County Mrs. Whitehead, On March 3, 2012, Jean Conway and Joanne Steenhuis from the Division of Water Quality Wilmington Regional Office conducted an inspection of the Shaw Highway Pit located in Pender County. This inspection was conducted in response to a DLR mining renewal request and to determine if the facility is operating in compliance with the conditions specified in NPDES General Permit Number NCG020766. On March 27, 2012 DWQ staff conducted a follow up visit along with Crystal Amschler of the US Army Corps of Engineers. During the inspection, it was found that the wetland areas were not marked and that the buffers were inadequate to protect the wetlands and stream. USACOE representative, Ms. Amschler requested that a wetland delineation be performed in order to identify the wetland areas and any possible impacts that may have occurred. I have enclosed information regarding coverage and requirements of the permit along with a copy of the NCG20000 General Permit to discharge stormwater, mine dewatering and process wastewater. • Please provide a wetland delineation to ensure wetlands do not exist within the mine boundary. Be sure the boundaries are properly marked to ensure the employees working at the site can maintain the adequate buffers to any adjacent wetlands and/or streams (etc.). • Develop and implement a Stormwater Pollution Prevention Plan (SPPP) that includes a site map sufficient to clearly depict: the site property boundary indicating the position of all wetlands, ditches, borrow areas, stormwater controls and the mine footprint. In addition, the following industrial activity areas must 127 Cardinal Drive Extension. Wilmington. North Carolina 28403-3815 Phone: 910-796-721 i1 Fax: 910-350-2004 1 Customer Service: 1-877-023-67.18 I Ittemet: 54`14'R'.nC1VatC i�i LI31 ]tV.OiT An Equal Opportimity 1 Affinnative Action Employer One NorthCarolina Naturally Shaw Highway Fit �K-6ns4ow-County Page 2 of 2 also be identified on the site map: fueling, engine maintenance and repair, vessel maintenance and repair, washing, painting, sanding, blasting, welding, and metal fabrication. The General Stormwater & Wastewater Permit for Mining (NCG020000) requires a Stormwater Best Management Practices (BMPs) Plan that includes: a thorough inspection and maintenance plan; preventative maintenance and good housekeeping measures, including spill control and cleanup measures; stormwater management requirements; and the requirement that erosion and sedimentation control (E&SC) measures in the mining permit or E&SC plan approved by the Division of Land Resources be implemented. In addition, the NCG02 permit requires qualitative and analytical monitoring of discharges. If you have any questions or concerns, please do not hesitate to contact me or Joanne Steenhuis at 910-796-7215. Sincerely, C �� '�;� Jean Conway Surface Water Protection Wilmington Regional Office Enclosures: Inspection Reports (2) Technical Bulletin General Permit Text cc: DWQI Raleigh Central files WiRO NPDES General Permit Files (Pender County NCG020766) WiRO DLR Permit: NCG020766 SOC: County: Pender Region: Wilmington Compliance Inspection Report Effective: 04/01/10 Expiration: 12/31/14 Owner: Janet Whitehead Effective: Expiration: Facility: Shaw Highway Pit - Rocky Point 4324 Shaw Hwy Contact Person: Janet Whitehead Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Title: Inspection Date: 03105/2012 Entry Time: 10700 PM Primary Inspector: Jean Conway Secondary Inspector(s): Rocky Point NC 28457 Phone: 910-270-4614 Certification: Exit Time: 11:00 PM Phone: Phone: 910-796-7215 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: 0 Compliant ■ Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 Permit: NCG020766 Owner -Facility: Janet Whitehead Inspection Date: 03/05/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The buffer consists of woody vegetation mixed in with dirt pushed into a berm which appears to be encroaching into wetland areas. A previous breach from this area has been documented and repaired but there is a nigh potential for impacts to the wetlands from future mining activity in this area, A follow up site visit is planned by DWQ and a LISACQE representative. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? n ❑ n ■ # Were all outfalls observed during the inspection? ■ n n n # If the facility has representative outfall status, is it properly documented by the Division? n n ■ n # Has the facility evaluated all illicit (non stormwater) discharges? in n n ■ Comment: Page: 2 Compliance Inspection Report Permit: NCG020766 Effective: 04/01/10 Expiration: 12/31/14 Owner: Janet Whitehead SOC: Effective: Expiration: Facility: Shaw Highway Pit - Rocky Point v County: Pender 4324 Shaw Hwy Region: Wilmington Rocky Point NC 28457 Contact Person: Janet Whitehead Title: Phone: 910-270-4614 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 03/27/2012 Entry Time: 10:00 AM Exit Time: 12:00 PM Primary Inspector: Jean Conway Phone: 910-796-7215 Secondary Inspector(s): Joanne H Steenhuis Phone: Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COG Facility Status: 0 Compliant ■ Not Compliant Question Areas: 0 Storm Water (See attachment summary) Page: 'I Permit: NCG020766 Owner -Facility: Janet Whitehead Inspection Date: 0312712012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: The wetland areas are not marked it appears there is not adequate buffer to protect the wetlands. USACOE representative, Crystal Amschler requested a delineation of the wetlands be performed in order to identify wetlands and any possible impacts. Page: 2 0 Permit: NCG020766 Owner -Facility. Janet Whitehead Inspection Date: 03/2712012 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Stormwater P011ution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? n n n ■ # Does the Plan include a General Location (USGS) map? n n n ■ # Does the Plan include a "Narrative Description of Practices"? n n n ■ # Does the Plan include a detailed site map including outfall locations and drainage areas? n n n ■ # Does the Plan include a list of significant spills occurring during the past 3 years? n n n ■ # Has the facility evaluated feasible alternatives to current practices? n n n ■ # Does the facility provide all necessary secondary containment? n n ■ ❑ # Does the Plan include a BMP summary? n n n ■ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? n n n ■ # Does the Plan include a Preventative Maintenance and Good housekeeping Plan? n n n ■ # Does the facility provide and document Employee Training? n n n ■ # Does the Plan include a list of Responsible Party(s)? n n n ■ # Is the Plan reviewed and updated annually? n n n ■ # Does the Plan include a Stormwater Facility Inspection Program? n ❑ ❑ ■ Has the Stormwater Pollution Prevention Plan been implemented? f l n 0 ■ Comment: Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ it ❑ ■ Comment: Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n n n ■ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? 0 ❑ Q ■ Comment: Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? n n n ■ # Were all outfalls observed during the inspection? ■ n n n # If the facility has representative outfall status, is it properly documented by the Division? fl ❑ ■ # Has the facility evaluated all illicit (non stormwater) discharges? n n n ■ Comment: Page: 3 Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR FRO and DWQ SPU MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY UN TU BE FILLED UU 1 by ULK: Project Name: Shaw Pit DLR Permit#: 71-20 County: Pender Address:_ Mailing address: 3421 Hwy 210 W Hampstead, NC 28443 YES NO Date Commencinq Is this mine a new mine? F_ r Permit issued 2/13/02 Have land disturbing activities started? Date? rv- f 2/13/02 Latitude:34.5078 Longitude:-77,8083 Please return comments to (at DLR CO): Ashley Rodgers Comments due by: 3/9112 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? 'e !; Comments: a\,QCk. S .'i:;i `{: 40 r�'d �e rJ i fi r, 0 '•.r�_ c fir )rc Gc;'J :fJr i?„J Watershed/Stream Name & Classification: DWQ Compliance Status of Mine: 11 F. 11Z'=' ' I "J firil�4 C ; YES NO NPDES permit required? Fv , r NPDES existing? permit p g . / o l (Permit # /iA �� r If an NPDES permit is not required, .is DWQ still concerned about wetland degradation F- by dewatering? Should permittee contact DWQ RO !r immediately? (e.g. to schedule a site visit if r I RO Contact Name: / mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? I- 401 Wetland Cert. existing? F Permit #`� Does .DWQ RO. currently have enough / information to determine if a 401 r/ f� certification is 're uired?A , Rev September 2010 Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO and DWQ SPU YES, NO Are wetlands disturbed at this site? I- Does DWQ RO suspect or know of nearby wetlands to the site? - Is a wetland delineation required prior to r By: r JD or r -Consultant : ` F/ DWQ issuing the permit? Onsite? . Or F_ Offsite .? i ?1 k�t� , q "S Stream Determination Needed? r r Stream Determination Completed? r r Does DWQ RO need a statement that no wetlands/streams are disturbed r I' ' for this project from applicant? Buffer Determination Needed? Fv Buffer Determination Completed? f /, Recycle system permit existing?* r - Permit # �� New Recycle System permit required?* r V Enough information to determine? Non -discharge permit existing?* r Permit # ,r Will wastewaters discharge to HQW waters F- ,7010 Unknown (permittee determine): r with a 7Q10=0? ** Flow: r Has Violation Requirements Does DWQO&M require DLR to hold the permit F ' HQW/7Q10 Concerns r (e.g, so DWQ can review it further or r ' Other. Reason: t, because DWQ requires more information)? RO contact: r Hold Until: Mine must wait to dewater until an O&M r L) .� �� ., .:� f :, 4rr l „b plan is approved? !! raj=C!' ..17.! i s F ilJ? 64d1 "11Grr ':C :� ''n-Ff' TC .D inn V%�-rji *The NPDES SW and WW permit NCG020000 covers closed -low recycle systems, designed to exclude, all stormwater run-off from the system and overate at or below two -feet of freeboard. These systems may be permitted by a Non -discharge Recycle System Permit from the Aquifer Protection Section (APS). OR may instead be permitted under NCG020000 to eliminate an additional permit Recycle systems that do not meet those criteria are considered dischargina systems, and are subiect to the NCG020000 discharae permit. **To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit, If DWQ does not have a flow estimate fora specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. Reviewed by: i DWQ RO Surface Water: '\f Regional Office: / Date- RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): r Rev September 2010 � r i4r "' 'rJ6d''a'4 -'0T . -'--r.M y-6!�,,r � .r f�%a].�j "� ^ � y � �k 'I .'0. �' - LS+ti.�."4� E'L �. ii c6 ,°'�rl3r,�wA' ... l ! .! f .awn a}+� ' �, •- ♦ L F' hh4J - t J- ^( i . , i `:, ' tJ . dF L'�^-}•� ._i .r - . w 4 �I� r' } �`�`.�'`' w � uw � � �:., � tj�+�. •'-', r �i �.� ��..� ter" �i� r'., �. � � •r �' ,.'�� , .'C-�-' . S r • I , z,l �.^I; Avon � V Ivy r j �.►.sr• te— ] .�,+ , A `Y � • Dr �! JI �� A �� v �.�• 1 ae a � 1 r !r'`� ep �,r�' - tiG :� t P� i'F E.., f •z••' � 4�� '• "' a„o�'rT. r .f �ir f { y}y � } t } t +x. • _ "� � �a $Siy� r .rt '� r°' � �� �� •�i h r � f +�� w� �'�' `kGS� � ` ^� ' �*" y �`' .}�•t" �-'�{, ?'�"`�'�.� ,*7 �� Y•i •'t�' a'fi �' ���, r iq.i fA �� • r r b7 �hr r �+ „ bra s •1��t"St y • % � � • `. y �� - � .i. .. u r • it : `.} � ��'"y��' r. v.P's• r•'4�]. '. q. . • Jr•En... tip-l• •' 'f• . 7 i'l�.s r` :"�+,.r !�✓ ;;l �i-�.::itiX1- � a /��,+y►w. Q�t{✓ �"�'n;r � +,Y ^'Y.� ,�t_ 5�4k 'h•♦ ;1, e» t �-swf1� ' L a^'C�, � rva- �Mrk���• g' fi yw � L4":;a eY`�* �•wC �. �.�_ r. y r `J teas a•.. `E �t �! stir ',tea >,. i� i�4P�l ph'Al �'�' '.�y) 't��tf ��� • :.a y�+�m rk 1r _ � s1��a� ,. �� ��'.... 7.'ti1``1 ::�1 ��, �, -,�^' -A:•'�y it `+ � y- f ��- `N� �� .Zf {lj Yr�}�'_m,rk' 5 f: y r•�-�;' t> M #, - sr il_ S,'hawF '��� r� a. '�Jf .-'� -�� r,� • I .."��r�~•, hi rf4,4k� �. Al COCEc.11� A r 7.a4 �' . �I� 1 t r wY..+•wr r .w�-iw r,. i. i. y� .f y . aT lr� K� E t7 y 3�71 - *sT�. S. - � 1 �r i w _^ � C. r ��_i -f-.. r ,�,j:-�rL` -_ ...:} ' �� _ -may, '✓ ,�� � ysi a; y �f � t • v •rf 1+•f• � a.. �•.� � A. ��•� � � �' � - '�� ' +r - .R.t• - s f�f, ID`2012�Googte;" ,� l_ ��'i'' �j'- 4�. r4 �' ��:�F •,•.� ��Iaa • � (� . Imagery Date�;,Or22{201Oi ;': , lat "34?507696' lon-77.8086fi4•: eleyL .l S, It Zs�44 ;ti * x :1 - Eye�alt, 3805 t'T } North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Shaw Pit 2. MINING PERMIT # 71-20 3. OPERATOR Janet Whitehead 4. COUNTY Pender S. ADDRESS 3421 Hwy 210 West, Hampstead, NC 28443_ 6. PERMIT EXPIRATION DATE 02.13.2012 7. RIVER BASIN _ Cape fear 8. Person(s) contacted at site Operator 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ® No It. Date last inspected: 10.20.1 1 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: Operating Condition (O.C. KC. —All mining activates shall be condaccted as indicated on the mine map submitted to the Department on December 7, 2001. — The excavations for the mortar sand are outside the permit boundaries. O.C. S. — All affected area boundaries shall be visibly and permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing The excavations have been marked incorrectly and will need to correctly mark on site when the mine map is renewed. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, describe the type and severity of the damage: Unknown — it is unclear if excavations outside the permitted area have affected wetlands due to lack of delineation in those areas. 16. Corrective measures needed and/or taken: During the renewal process, a mine map that accurately reflects the site conditions for current and future excavations needs to be submitted and then accurately marked on site. Additional information may be needed for renewal on the mining permit and will be addressed in a letter sent from the RaleiLyh Central Office 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ® No (Explain) ❑ Not Reviewed See above. 19. Follow-up inspection needed? ® Yes ❑ No Proposed date upon permit approval _ 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 3.9.12 INSPECTED BY: Trentt James DATE 2.28.12 Telephone No: 910.796.7227 Copy to file Copy to operator Copy to Mining Specialist Shaw Highway Comments Field Issues A. A wetland delineation would be beneficial, particularly in the areas where they have excavated outside the original permit boundaries. It appears very wet just beyond the permitted boundaries in the areas where the buffer is supposed to be and adjacent to where the excavation is outside the permit boundaries. B. Proposed buffer distances appear fine but in the field, it appears wet immediately adjacent to the permit boundaries where the buffer is supposed to be. Buffers will need to be shown in areas excavated outside the permit boundaries. These also need to be accurately marked in the field to ensure an adequate buffer to Lillington Creek and the associated wetlands. F. There is a berm around the excavation outside the permit boundaries that will need to be reflected on the plans and they have started building a berm around the permit boundaries. There needs to be a detail of the berm. G. There is no reclamation map. This needs to be included for both pit areas. Other comments 1. The land entry agreement needs to filled out and signed. Do they have to renotify there neighbors? 2. A larger scale maybe beneficial since the mineable are will change. f�_,._�,-, ttomV; rr Eile Iasks Quen Permit. NCG010758 Version: status:.+ctiv Event Type: ,0&aAlPumpinq Plan approved Event Date: 64fl 7nOl l) a Responsible Person: 11ndamillis Due Date: Comment: C: R 3 H rhis One site was Constructed without a wetland dehneuton. Impacts Pom mining are evident, but are now aid impacts that could not be quanbfied since the wetland soils are mined out The discha{ge 'ram the pit wlh go directly Into a wetland Wit» stp,v, WGl`�G'• 1�" be4..�iw1QS bey loud+ on 44-ic Si a e o-F to p+} ady� + W &k—JA- a4 atrt&rs Av lr avG 64.,n placed 1v, 44C w�� �ar•�t T>wG is allowing a d�sa�rwcty 444L# - �if �v *4,A- v�G�i S Vrr- ri- F:K l lose:. !`Page:1,of3.t. Wcr� 7) Y Kw .4arc. G �. _ .`.` pNg 9,43 AM North Carolina Department of Environment and Natural Resources, Division -of Land -Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Sha�W_Pit 2. MINING PERMIT # r-71-j-_ 3. OPERATOR Janet Mitehead 4. COUNTY Pender 5. ADDRESS 3421 Hwy 210 West, Hampstead, NC 28443_ 6. PERMIT EXPIRATION DATE 02.13.2012 7. RIVER BASIN Cape fear S. Person(s) contacted at site Operator _ 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No 11. Date last inspected: 1.19.11 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: A bond cancellation notice has been received by this office and the bond needs to be reinstated or the site completely reclaimed by January 7, 2012. In order to reclaim the site all slopes need to be praded at angle that can support vegetative cover and vegetative cover established on areas disturbed by the mining activity. Also all stockpiles need to be leveled and smoothed. 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) E Not Reviewed An Annual Reclamation Report has not been received by this office. 19. Follow-up inspection needed? ❑ Yes E No Proposed date 1.7.12 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 10.21.2011 INSPECTED BY: Trentt James DATE 10.20.2011 Telephone No: 910.796.7227 Copy to file Copy to operator Copy to Mining Specialist PLAN FOR SHAW HWY. PIT 471-17 CERT. OF COVERAGE NC6020766f WHITEHEAD SAND WE WILL PUMP INTO EXISTING POND ADJACENT TO WHERE WE ARE DIGGING. THIS POND WILL HAVE BERMS AROUND IT. ALL WATER PUMPED INTO THIS POND IS CLEAR. THERE ARE NO POLLUTANTS OF ANY KIND, NO OIL OR ANYTHING STORED IN THE AREA. THE WATER WILL STAY IN THIS POND UNTIL IT REACHES THE ELEVATION TO RUN INTO SMALLER POND. MOST ALL SETTLEMENT WILL REMAIN IN THE FIRST POND. A SPILLWAY WILL LEAD INTO THE SMALLER POND. IF AND WHEN THE SMALLER POND FILLS UP IT WILL NATURALLY FLOW THE CONTOURS OF THE GROUND MAKING IT'S WAY TO LILLINGTON CREEK, FLOWING THRU OLD EXISTING DITCH OF 50 YEARS OR MORE. I DON'T SEE WHERE ANY EROSION WOULD OCCUR, BUT IF IT HAPPENS CORRECTIONS WILL BE DONE. WILL ONLY PUMP WHEN WE NEED TO GET IN BOTTOM OF PIT. DEPENDING ON WORK LOAD, WHICH HAS BEEN VERY SLOW FOR PAST YEAR. HOPE THIS IS UNDERSTANDABLE. THANKS FOR ALL THE HELP, T KING YO NET WHITEHEAD JUNE 1, 2010 RECEIVEDil JUN 07 2010 BY: tmtiD � - wauaa a1someerr� nw r.e litf..M „Or1C,. ►..�/IC.�,.I�rl1lI�R41 4WAGi 105, 1 , wn.Ie Mao Y , I riOpMm.11iM'�iD / ramI wr ShA= IYi w �, �f mko • ir,,r aenl*+rou IIoe ►o ac w wo rnuloa F ,n �arios+aae 5640me � 1p PG. so +�rar�sr/a��IgCiSW L WMAt11t w.c�s wn4eea r V; 0oam—dc12001,i M ��le Il aw�m ILV wrWM IIIIRw tvRw CxIfQ�fA liQ ftiVAA4m 0.cr ICIl.l�YC11 M& za� Vr ln�w• . �.rJy Z PROJCT MAP Or 1"WPOSM MIMING f TM" ��• �D� um �. I Mao a I ao we GaD ,�*.... JAN ET .. H ITE H EAD o Z% Beverly Eaves Perdue Governor NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Mrs. Janet G. Whitehead 3421 Hwy, 210 W. Hampstead, NC 28443 Dear Mrs. Whitehead: DirectorLAPR cEID Secretary April 1, 2010 12 2010 Subject: General Permit No. NCG020000 Shaw Hwy, Pit COC NCCO20766 Pender County ,Na� In accordance with your application for a discharge permit received on March 11, 2010, ►n m. un w�_W 0340�� 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 n_CV0 Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolinas and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). PL )AL�e 4,C) Please take notice that this certificate of coverage is not transferable except after notice to 1111� the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. Q� Please be aware that mine dewatering at your site has the potential to impact adjacent 4V\J wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found pl�.2e�tE in Section C, Part 1 of your permit (Part III Page 5 of 9). You must have an approved Operation and Monitoring flan 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 Plan for your facility must be submitted to the Wilmington Regional Office within 60 days of your receipt of this permit. Contact Linda Willis at the Wilmington Regional Office at (910) 796-7215 for more information about the approval process. Please note that mine dewatering wastewater includes wet pit overflows CLlused solely b , direct rainfall and yroLindwater 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. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.navaterquality,org An Equal Opportunity 1 A.Nirmadve Action Employer One NorthCarolina Natul�atlJ Mrs. Janet G. Whitehead Shaw Hwy. Pit—NCG020766 April 1, 2010 y This general permit allows the discharge of stormwater and certain types of wastewater from your facility. In your application, you specified that only thine dewatering water would be discharged from this facility. If separate point -source discharges of stormwater occur (i.e., stormwatertn(Tcombined .with mine dewatcring water), you will be required to adhere to the conditions in this.permit for stormwater discharges. j ` This permit does not affect the legal requirements to obtain other permits which may be required .by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Robert Patterson at telephone number (919) 807-6375. Sincerely, ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins cc: Wilmington Regional Office, Linda Willis Central Files " Stortnwater Permitting Unit Files 1 \ 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020766 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, Janet G. Whitehead is hereby authorized to discharge stormwater and mine dewatering wastewater from a facility located at Shaw Hwy. Pit 4324 Shaw Huy. Rocky Point Pender County to receiving waters designated as Lillington Creek, a class C; Sw water in the Cape Fear River Basin, in -accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ill, IV, V, and V1 of General Permit No. NCG020000 as attached. This certificate of coverage. shall become effective April 1, 2010. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this I" day of April. 2010. ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins., Director Division of Water Quality By the Authority of the Environmental Management Commission NCG020766 Map Scale 1: 30, 000 Janet G. Whitehead Shaw Hwy. Pit Latitude: 340 30' 27" N Longitude: 770 48' 35" W County: Pender Receiving Stream: Lillington Creek Stream Class: C; Sw Sub -basin: 03-06-23 (Cape Fear River Basin) Facility Location North Carolina Department of Environment and Natural Resources, Division -of -Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Shaw Pill 2. MINING PERMIT # 7 l� 0 3. OPERATOR Janet Whitehead 4. COUNTY Pender 5. ADDRESS 3421 Hwy 210 West Hampstead, NC 28443 6. PERMIT EXPIRATION DATE 02.13.2012 7. RIVER BASIN Cape fear 8. Person(s) contacted at site _ Billy Whitehead _ 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 2.9.109 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: #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. An Annual Reclamation Report has not been received for the years 2007, 2008, & 2009. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 1. Submit an Annual Reclamation Report for 2009 and any years that have not been received by the Department. 17. Other recommendations and comments: Operator stated they did -not -receive the ARR, until recently and will or have submitted the 209 ARR. The breach in the dike wall ahs been repaired. 18. Is the Annual Reclamation Report +1- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed An Annual Reclamation Report has not been received by this office. 19. Follow-up inspection needed? ❑ Yes ® No Proposed date 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 3.29.10 INSPECTED BY: Trentt James DATE 3.26.10 Telephone No: 910.796.7227 Copy to file Copy to operator Copy to Mining Specialist f 11 TO:3502004 P.1 'i �i II 1, I: �E�!• I II , fi ij '! i }'.' E 1 j I � ` � ''' � 1• �. � VI JSi� ji1[ � 1 l I ' I i e I' � !`tl` j} :1' I ,l� �I,�k�. !• i i i � � � � � i I I I • �� �- j�'��-'r,1 t�,�acf���°i"i�'}� �° '4- ..<r rn �j a.�-.<.---- r .- r '. �s a � •- ,i s. i . :u � 6>t� ���� �i �� �"r•� nip.. � k-�.r a'r^� i - •, _ .. , i,, .: ., _TABLE OF. CONTENTS. 31 n.i 0 PROTECT NARRATIVE ` 1 1 Deiieloprh6nt History and Use. 3 . , .: i ..... J 12 Water Classifications, Zoning,•and Adjacent Uses..... . .... ........ ... 13 Proposed Development .....:.......:.:... ............................... 2.0 Conclusions .......:.:..:...::. , ' . .4 1... - ...........4 FIGURES Figure 1 - Site Location Map Figure 2 - Vicinity Map Figure 3 - 2006 Aerial Photograph Figure 3A - Subdivision Layout and Previously Authorized Marina i Figure 4 - AIWW Setback Figure 5 - Spoil Location t. Figure 6 - On -Site spoil location _ APPENDIX -.t.�: t'l �si• s� Site Photographs ±°�; - • I Sheet 1 of 3-Topview of Existing and Proposed -Layout �I its: SF Sheet 2 of 3-Cross Sections ,?!� Sheet 3 of 3-Breakwater V I IS O t4 OF Form MP-1 CAMA Major Development Permit Application COA'S4;L ��� f�iAG ttn rat Form MP-2 Excavation and Fill Form MP-4 Structures + Certified Mail Return Receipts From Adjacent Riparian Property Owners Notification' Previous Permits " Agent Authorization Form ' Deed Particle Size Distribution Report , K � Z a.�s��";'~t � � yi�....,E � YnS!' c?. ty !€.u..•� T, _ :,; -r -.` i'�»� t•:_,» 7�_f..t3,' •;rs.�::...'`,�`e$ .: -� �. _t?, i. .��, -:: a^! t�"'.�-f�gr,. ^�..[ ii��t� u .k.�r""ca_ +t3 .s�';r5x_" ._.: �.:�...� _`4.r� mo?!ti. - .�R� . r ,�._ . .: . ...sr,.. - ._ . � _ _ 'tart I ,ii I p'I'lIg i Ij� i I I tII lE i I Ir P.2 F_ EB-5- 10 201,E 01 45 ;FROM: 1 `f` I T0:'350z004 s j.�glF. ,I i + I• i 1 ,j,l�p �„ f a II��' i ' ,?! � , sf ' Ali �, 9►�L�d '! ' � rl ;� �� �� i' I 1 r: t ) /1! �4j • (VIZ:AD Y f '" C+� �F ' i •) Q 4 W41} uQPQW PLO QMMM wou 10 > AMM w4mm v.wl ma m HO m d E`i 11 I f N ;i.1 I i I i N1iF11111'i tIIII i€. t 11 / Q I —atl� 'QM 1 I?loul V i IM! 1' iI ��I I� I: Ilk j N 7 I it It �PDJ'd!Z I' �lsl6 I N : 7. ,��� �1,4I�.1,11 II ;;I:li,i��il.l�'1 ,It1sl 'III illl' ;I.' I '' � i � b'✓�i$ .I. I � �''� �i' ` 'il'+„ti� � 1 4s11,. 'I' 1111 , , 'I � I , ���� •I, I �I 1 �0J, aDoD JIZ am 1 i �•9 � � 1 iWBN �++�Q u u sdgWauAAo;o &quo 14 ,I. f �� f, •sI : { I 441 r l f 'I "�II' I.li� 1' • 'li„r 1. J =�I 4 •1 i I 1 r Mina nod 51PO l owru � + St Il „}11 li 11 � WgRi s �'i i F C� '+. li [li t • � ' � �W ��n�ww�W P� �q''�,Ow � ' W�teui�%P�����t� W�1 �"� rI Owl okpoomm I I I I Il 1 q l ; ,� • ; , I', , � % ow a o.�ei � ow ple I , ±� V �SM4"CWPOW PGOORlib m(7d)MWAffyW, JGW*wPUd' •NM!�.#W I 'i'O`N �4�mON a013Z05£ 916 l XHAjjl-� , . o I e6� j 065 Sii Now OIRd�dw ' 32 SUP DOCKING FACUTY -- (BOATS C4 ELEVATED CRADLES) A \` x \\ � -:.• -tea.., .r.� �_\\\\�\�\\\�`\\\� \ } _ - _ - _ , w •� •s•' y \ �\ �� - • •� .L- C_—__ PROJE C 4Po QEv L SCALE: As Shown. FIGURE 3A-SUBDIVISION LA Source: Estuarine Resources CAMA Major Development Permit Application Saponas Pointe Waterfront Facilities, Inc. New Hanover County, North Carolina A ii A MAR-08-2010 MON 08:59 AM NCDENRi It NCO02=0 ".0-11. W. 910. 50 -.w boas 5) rft WEIM Pwrnft Appliodgen MVIL" to will of the fallowing: (D Now or Proposed Fa illy Dale operation IS to min New Permit not awicw;ile — ATC request only. Il Permit Number 6) Pfevlee the 4 digit SwWwa Industrial Classification Code (SIC Code) Mid c1fill ft Mill Industrial Gi bWl Y at this fad] ItY 41 SIC 44 r7qt 7) MvtdoonaffatIl Igggiriplion of the types of minerals tnlmW at th% fol Al is this mine an,irall mlTwzft6? 11 K El Yes if yes. do youlp=es an I&wftg fj"w& fmm.DLR Md noiiilad than have you cEl to Ow'DWO that the site hai been staiiiiev,1 i�ii T of _And 9) Cill this soutty. airewy have a valid Mining penWt Imm the Obdalon4 -our (t IL 7 Cl No If No. ll Irl Ow status ai the Mining Nrmft aprill 2"fas it y9s, pical provide" Mining Pall numbar. a I — JZJ (220 Owl 81s; 1pll!04; a 0g, copy of your DLR Mining Permit vll M15 OWO ap�" 0 -Now. UWO g:ppQt bovo a Coo for Vw U66020+000 GwIll pwmk ungil a WnkV Permit is ftsued or Imff eii. 1 P. U 4. 1 W 10) iNm this taclft have ally alhet NPDES pervildis? I�u;No 11 Yes if yes. (a ei� permit numbers for 0 ou rrent H PDES pill for this fall l4 i NOeowrrdt9 (e,rpermits)? .11) go" this twciIityHave spyft"l 4, No It current Non-Dischargo Owl fay this al - 0 yes if yes, flat VVI PVMR ftumbm for d curre i Ilk 111, read mix and aq2W AMU? 12) Udd� "I am Of thils 11111111 Ift IrWmd* V, impal C3. No.) E) yes 4y' DW` 0 6torm"illil Poll all"i C, 11 Yes If Ves, do 0 the . I (prov-40 Poopit nutrtt>•r .....- -? I si ll' I '' I I !{. �' 4 :i '�� ivy the sij�e comil who is the If not owned,'owner? is) W1111 this rrining apeMkill pnKeft developmtrit 011AN11183 at thIS Its? I :,: iII I No 0 Yes 14) Is tMa mine Wall within 011 Of the 20 C065W Counties and w1V it add MOM #an 1000 surface? No Page 3 of 0 Lost fi!�11111601113 SWU-N Ag" :W08j 9b:10 0T02-s-eaj (PLAN i) PEDESTRIAt! WALKWAY (PLAN 2) n= ACCEss PIER ' �. ' l •' �_ •- ' • - •• 32 SUP DOCMNO FAcjUTY /r •�'' .� - -- - - - (BOATS ON PI EVA'iEE3 mAaES) BREAKWATER \ DREDCED \ _ 1 \ \ � i CIPL Ili; ,.: -.: :�-`�•-•� - \ \\ - \\�\\�!. ;::'�;' '• `'''-'� "•' -_.---_--------------------- CUT CAV-M) •-�- ` c.• �Y+x.l-Nr•-,S' _���� ` ------------------•.---------- PROJE r _ 1 4CO L u.tV SCALE: As Shown. FIGURE 3A-SUBDIVISION LA Source: Estuarine Resources CAMA Major Development Permit Application Saponas Pointe Waterfront Facilities, Inc. New Hanover County, North Carolina . I FEB-5-2010 01:46 FROM: m 1' '� ''I i ' ;tj L Im OMWA01."m TO:3502004 PA coax="= I Mwwvmo am m(s 041A Awwv; &*ujfinjR1"p Wo pq OuW**owp f%*A!. jo SX14A) is= 11 (000 10 VA*W) sww'uAm to, &W MX,# *W A~ &ftp$W4MP JR131 MN OF M AnCiq Cy Tl aw uJan Acmum M W�WUWW *mW'WlJW) 00 OMPAP P AWN Alill II]� j4�W, irk, low �1111&RA if 914 Ail A a I 4A 7- -am= 02AGnME H vu% aq MU I lit" :1 1 41! 1, vim Jim AID"" q SIP '"OJQU%q"4JF. �91 �. *1 sma;m 1, Aq pM*Aft -41 14 PW-V8 30 A -MA R-ft W PMFRP wOm ftU4ww 96 A"NOPOR memd ja 4 Um= 4u MUM 4 umsts Jew" imp* a at sm Awmww ads amm" OVIAPOWA to L 81V44 18111 'AN@ Famw aqv up mnplq am-waam wmp izp w" "A 0 sell 0 ION 114 L 46POV"4" 14ddfla A" so m %qsm A" "M902 20 t9pumdm. %*W4 "w sm 4 W 1 1 MOMMAUUP QPP. PWORFWU IM no Aldo C4 pwlftw eq u rvqc wX a =A Ll 1711111- 1114K 111M 71k RA "w4afew uv MIN Nnu nin _?wU NOTE DISTANCE ALONG HICHWATER UNIE BETWELN PAINT A AND PO(NT B IS 720?, FIXED ACCESS PIER 32 SUP DOMNG FACIUTY— (130ATS CH ELEVATED CRADLES) BREAKWATE7? --� DREDGED I L) > PROInTy cr: N C-HAL CPLILC aLA&L PLQ .0- % -b N L — k to fW A L N -A -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - 410 OW Orc 10 PROJE( 4CO 2( -K "am- DXYA'X SCALE: As Shown. FIGURE 3A-SUBDIVISION LAl Source: Estuarine Resources ar CAMA Major Development Permit Application Saponas Pointe Waterfront Facilities, Inc. New Hanover County, North Carolina 101. 46 i FROM.- I I TQ : 3502004 P . 5 I � �FROM I; r11 0 jq Ir it 1 ! BOA Q �i11 e.,, Z� d to OARAWF;% 6411 ==Q 1 I � BM 4=Wftum iM Am A90ma AMM 44m �1f i; • . I I � ; ; : ! !I 'ua�Ws�s ua�dde W � �c A ' � �A Ci � 6It J ram 9% Aa u� R upw o t a punbei �a ncA � 4Z !?i! 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I ;� i ii 11 I lO'�ui14iS'{1AMif Itiw:fiedriH � svuWiO+��� Ot[1t1tiYl� �oRp�dd �1 i�� Pn 'A. ' ' ! bnn? n4x mR '1111 Y94 1 .}o m.v wd nn : ►n Ww n t n?-Rn XUU MOTE. DISTANCE ALONG HiGHWATER LINE 9ETHELN PCIHT A AND PUNT H IS 720'. FIXED ACM--S PIER 32 SUP DOCKING FACIIRY— (@OATS ON ElEvATM cRADLEi) BREAKWATER \ / P Mrr on TC p' 4S LD W 4K xr 'ten" "a• .t'"`' = \ k` •� -• • - ��\\\\\�\a\� ��� - - - , - • tit � •.ter . •y'• ti • rr '. \ .� } . . � ,�ti a �•�`•: �;'- v+c , \\ --_ --------------------------- ::+.` fM •}• ;�• '�• ,'► .t,;�r•-..----•.-------..--_._-------_— CClf�y11� Wool ,•f' -ti ox "� - PROJE( ~_` 4^o 2( r i It-IM, ELLYAN ��}• C?-. SCALE: As Shown. FIGURE 3A--SUBDIVISION LA1 Source: Estuarine Resources ar CAMA Major Development Permit Application 'ILEfilt Saponas Pointe Waterfront Facilities, Inc. New Hanover County, North Carolina �1; E 1-9! C 51 s .. s ...-..M1. _ . x,... _s•.� ... .� 3.. ..Z '��. �ik.� sty'+, ,.�✓. . sx,.±i '^�..;Y' .. �.. ,.;..2. 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Cl � t A DEPARTMENT OF ENVIRONMENT AND mAtupAL Rk30 ukdEs fi DIVI$I0N OF LAND RESOURCE LAND auALrry sECTION 9lpi 4 PERMIT for +'4 operation of a mining ooWlly In nee with the pridolons of G.S. 7440 Mmugh 08, -Me pAninning Of 1971.0 mlnlq taemalr Rule A WAc 5, pow a 11clAft laws and moul pp ftrklulm is hereby granted to - and iij j Janet G. Whftt*od,; ,� � � �� it ,; �a�� t i (I:I q Shaw Pit, 19 Pendw Cou* - Permit No. 71-20 f ;' i� II !;' + .';t' ',, ! for the operation of a Sand Mine Wfl"'Shall PMWS ffW Vjj UWjUjnM. PMUeNty and $MIC VI Of all lands Brad waters affe—d Y minlnp Ccparogora;Mrl reoeivo the grestasi prrtctical degree tat protedlon artid II TII . I i i I 1f ! I I i t� . F , i ji! I' + MI 1 1 1 i �, , I I I {i �i � E Ili. � � 3i%;'��i ,' , i ���:, r� EXPIRATION flit ij 00020SE: 01 :W08A 80: TO, OT02-S-83 L404 WETLANDS LINE SYRVEYED BY. co ALAN BELL SURVEYING, P.A. 604E CEDAR PUNT ELVES. -- o SWANS60RO, N.C. \ (2;12)-393-61 Oi c y 0 ` I U e 71 T c �II mp O � I ¢ c a I i 404 WETLANDS , )b� AB y - x HG Nam- Y ``� r%m lml 1 Al NCDENR North Carolina Department of Environment and Natural Division of Land Resources James D. Simons, PG, PE 1_and Quality Section' Director and State Geologist " - March 8, 2010 (Resent) February 12, 2010 CERTIFIED MAIL 7008 1140 0000 4156 5532 _RETURN RECEIPT REQUESTED Ms. Janet G Whitehead 3421 Hwy 210 West Hampstead, NC 28443 Dear Ibis. Whitehead: Resources Re: NOTICE OF DEFICIENCY C Sliaw Pith Permit No. 71-20 Pender County Beverly Eaves Perdue, Governor Dee Freeman, Secretary On February 9, 2010, an inspection of the subject nine was performed by personnel of this office (copy of inspection report enclosed.) As you will note, deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: Operatinp, Conditions: Operating Condition #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 been obtained from both the Division of Waste Management and Land Quality. Off -site disposal is being stored on site. Operating Condition #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. An Annual Reclamation Report has not been received for the years 2007, 2008, & 2009. Operating Condition #4.A - Adequate mechanical barriers including but not limited to diversion, earthen dikes, silt check dams, silt 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 water course in proximity to the affected land. A breach has been made in the north boundary of the earthen dike that is allowing water from the pit to flow into the adjacent wetland. 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 A Telephone 910-796-7215 a Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Ms. Janet Whitehead , February 12, 2010 Page 2 In order to bring this site into compliance, the following corrective actions must be taken: 1. Obtain authorization from Waste Management for an LCID or appropriate permit and submit modification to Land Quality. 2. Submit an Annual Reclamation Report for 2009 and any years that have not been received by the Department. 3. Repair the breach in the earthen dike to prevent water from being discharged to adjacent wetland area. If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter will be referred to the Director of the Division of Land Resources in an effort to secure compliance at the site. Please do not hesitate to contact Trentt James or me at (910) 792-7215 regarding any questions you may have about this matter. Sincerely, Dan Sams, P. ., M.E. Regional Engineer Land Quality Section DES/KRR/asb cc: Judy Wehner; Assistant State Mining Specialist Enclosure: Mine Inspection Report North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) I. MINE NAME Shaw Pit 2. MINING PERMIT # 71-20 3. OPERATOR Janet Whitehead 4. COUNTY Pender 5. ADDRESS 3421 Hwy 210 West Hampstead, NC 28443 6. PERMIT EXPIRATION DATE 02.13,2012 7. RIVER BASIN Cape fear 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ®No 11. Date last inspected: 7.7.09 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ®No If no, explain: _ #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 minim pennit area unless authorization to conduct said disposal has been obtained from both the Division of Waste Management and Land Quality. Off -site disposal is being stored on site. #11 An Annual Reclamation Report shall be submitted on a_form supplied by the Department by February I of each , year until reclamation is completed and approved. An Annual_ Reclamation Report has not been received for the years 2007, 2008, & 2009. #4.A -- Adequate mechanical barriers including but not limited to diversion, earthen dikes, silt check dams, silt retarding structures rip rap its or ditches shall be rovided in the intia] sta es ofan land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into anv lake, wetland or natural water course in proximity to the affected land. A breach has been made in the north boundary of the earthen dike that is allowing water from the pit to flow into the adjacent wetland. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the type and severity of the damage: Water leaving the site at the time of the inspection did not apnear to be turbid, however, there was not active mining at the. time of the inspection. if digging was to continue the breach would allow turbid water to leave the site into the adjacent wetland. 16. Corrective measures needed and/or taken: 1. Obtain authorization from Waste Management for an LCIDor appropriate permit and submit modification to Land Quality. 2. Submit an Annual Reclamation Report for 2009 and any years that have not been received by the Department. 3. Repair the breach__ in the earthen dike to prevent water from being discharged to adjacent wetland area. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes El No (Explain) : ® Not Reviewed. __ . An Annual_ Reclamation Report has not been received by this office. 19. Follow-up inspection needed? ❑ Yes ® No Proposed_ date 3.13.10 - 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator 2.12.10- INSPECTED BY: Trentt James DATE 2.9.10 Telephone No: 910.796.7227 Copy to file Copy to operator Copy to Mining Specialist 4e North Carolina Department of Environment and Natural Resources, Division -of -Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME rShaw_Pit• 2. MINING PERMIT # 71-20 3. OPERATOR `"Janet Whitehead L -_ ' 4. COUNTY gender 5. ADDRESS 3421 Hwy 210 West Hampstead, NC 28443 6. PERMIT EXPIRATION DATE 02.13.2012 7. RIVER BASIN Cape fear 8. Person(s) contacted at site None 9. Was mine operating at time of inspection? ❑ Yes ® No 10. Pictures? ❑ Yes ® No 11. Date last inspected: 7.7.09 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: # 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 been obtained from both the Division of Waste Management and Land Quality_ Off -site disposal is being stored on site. #11 An Annual Reclamation Report shall be submitted o_na form supplied by the Department by February I of each year until reclamation is completed and approved. An Annual Reclamation Report has not been received for the years 2007 2008 & 2009. #4.A — Adequate mechanical barriers including but not limited to diversion, earthen dikes. silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the intial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural water course in proximity to the affected land. A breach has been made in the north boundary of the earthen dike that is allowing water from the pit to flow into the adjacent wetland. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the type and severity of the damage: Water leaving the site at the time of the inspection did not appear to be turbid: however, there was not active mining at the time of the inspection. If digging was to continue the breach would allow turbid water to leave the site into the adjacent wetland. 16. Corrective measures needed and/or taken: _ _1. Obtain authorization from Waste Management for an LCID or appropriate permit and submit modification to Land Quality. 2. Submit an Annual Reclamation Report for 2009 and any years that have not been received by the Department. 3. Repair the breach in the earthen dike to prevent water from being discharged to adjacent wetland area. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed An Annual Reclamation Report has not been received by this office. 19. Follow-up inspection needed? ❑ Yes ® No Proposed date 3.13.10 20. No. of additional pages of Inspection Report' 21. Copy of Report sent to operator 2.12.10 INSPECTED BY: Trentt James DATE 2.9. t 0 Telephone No: 910.796.7227 Copy to file Copy to operator Copy to Mining Specialist