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NCG020136_COMPLETE FILE - HISTORICAL_20090924
STORMWATER DIVISION CODING -SHEET RESCISSIONS . PERMIT NO. NC&Da V 13 DaC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ �W���y(�1� YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Gcvemor Ms. Helen Holshouser Carolina Quarries, Inc. 805 Harris Granite Road Salisbury, North Carolina 28146 Subject: Dear Ms. Holshouser: Division of Water Quality Coleen H. Sullins Director September 24, 2009 Notice of Violation Tracking No. NOV-2009-PC-0761 Compliance Evaluation Inspection 1 to Gan Mining OC Number NCG020136 Rowan County, NC Dee Freeman Secretary Enclosed is a copy of the Compliance Evaluation Inspection (CEI) report -Tor the inspection conducted at the subject facility on August 26, 2009, by Ms. Barbara Sifford of this Office. Thank you for your assistance and cooperation during the inspection. This report is being issued as a Notice of Violation (v"OV) due to the facility's failures to update and implement the Stormwater Pollution Prevention Plan, and comply with all monitoring requirements, in violation of the subject Stormwater Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the Stormwater Pollution Prevention Plan, Qualitative Monitoring, Analytical Monitoring Sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by October 26, 2009, addressing the above -noted violations in the attached report. In responding to the violations, please indicate a schedule for obtaining compliance with these permit conditions, you may address your comments to the attention of Ms. Marcia Allocco. Mooresville Regional office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 1 Customer Service: 1-877-623-6748 Internet: www.ncwateiqualiLi.org None rfhCarolina ,-NatituMlly An Epuai oppartunily', Affirmative Action Employer- 50 a Recyc!edi16 a Post Consumer paper Page 2 Carolina Quarries September 24, 2009 The report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Ms. Nfarcia Allocco or Ms. Sifford at (704) 663-1699. Sincereiv. for Robert B. Krebs Regional Office Supervisor Surface Water Protection Section Mooresville Regional Office Enclosure cc: Shelton Sullivan, NPS-ACO Unit 0, Compliance Inspection Report Permit: NCG020136 Effective: 01/19/05 Expiration: 12/31/09 Owner: Carolina Quarries Inc SOC: Effective: Expiration: Facility: Rockwell White Quarry County: Rowan 3399 Earnhardt Rd Region: 1vlcoresville Rockwell NC 28138 Contact Person: Kellie Wilhelm Title: Phone: 704-279-3004 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 08126/2009 Entry Time: 10:00 AM Exit Time: 02:00 PNI Primary Inspector: Barbara Sifford Phone: 704-663-1699 Secondary Inspector(s): Ext.2196 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: n Compliant ® Not Compliant Question Areas: ® Storm Water (See attachment summary) Page: 1 Permit: NCG020136 Owner - Facility: Carolina Quarries Inc Inspection Date: 08/26/2009 inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary; Page: 2 f Permit: NCG02013e Owner - Facility: Carolina Quarries Inc Inspection Date: 0812612009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? n Il n n # Does the Plan include a General Location (USGS) map? n ®n n # Does the Plan include a "Narrative Description of Practices"? u 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 # Does the facility provide all necessary secondary containment? n ® 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)? I] ® Q n # Is the Plan reviewed and updated annually? n ® n n # Does the Plan include a Stormwater Facility Inspection Program? n ® n Has the Stormwater Pollution Prevention Plan been implemented? n ® n n Comment: No SWPPP available for review. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? n ® n n Comment: Site is inactive and owner was not aware that this is a requirement of inactive sites. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ® 00 # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n ® 00 Comment: No analytical has been performed on this site since it is inactive. 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? n n n # Has the facility evaluated all illicit (non stormwater) discharges? ® n n n Comment: Need to evaluate the drainage of the two quarries. Page: 3 �4. State of North Carolina . .Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 17, 1999 BERT MEIJBOOM ROCKWELL GRANITE COMPANY P. O. BOX 1129 TUCKER, GA 30085 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Reissue - NPDES Stormwater Permit Rockwell Granite Company CDC Number NCGO20136 Rowan County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement . between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: * A copy of general stormwater permit NCG020000 * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on this permit which outlines permit components and addresses frequently asked questions * A Certificate of Coverage for your facility * DWQ fee schedule Your coverage under this general permit is not transferable except after notice to DWQ. The Div ision may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not.affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. Please note that in 1998 Senate Bill 1366 established changes to the permit fee structure for DWQ permits effective January 1, 1999. This change requires that you pay an annual fee to assure continued coverage under this permit. You will be invoiced for this fee beginning next year. A copy of the current fee schedule is included with this letter. If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, Cey for Kerr T. Stevens Director, Division of Water Quality cc: Central Files Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020136 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended. ROCKWELL GRANITE COMPANY is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater from a facility located at ROCKWELL GRANITE COMPANY 3399 EARNHARDT ROAD SUPINGS MILL ROWAN COUNTY to receiving waters designated as a UT of Second Creek in the Yadkin - Pee Dee River Basin in accordance with the effluent limitations. monitoring requirements, and other conditions set forth in Parts 1, II, Ili, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective December 17, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 17, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission �P NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY June 8, 1998 Dr. Bert F. Meijboom Rockwell Granite Company P.O. Box 829 Granite Quarry, N.C. 28072 Subject:Turbidity Investigation Rockwell Granite Company Rowan County, N.C. Dear Dr. Maijboom: Enclosed please find a copy of the Investigation Report for the investigation conducted on June 3, 1998 by Mr. Samar Bou-Ghazale of this office. If you should have any questions concerning this matter or require additional information, please do not hesitate to contact Mr. Bou-Ghazale or me. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Attachment cc: Rowan County Health Department SBG 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 IS PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% R6CYCLEO/10% POST -CONSUMER PAPER `'• NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 919 NORTH MAIN STREET MOORESVILLE, NORTH CAROLINA 28115 REPORT OF: Complaint Investigation DATE OF INVESTIGATION: June 3, 1998 INVESTIGATED BY: Samar Bou-Ghazale SBG TIME SPENT: 4 hours PLACE VISITED: Rockwell Granite Company PHYSICAL LOCATION: Rowan County MAILING ADDRESS: P.O. Box 829 • Granite Quarry, N.C. 28072 TELEPHONE #: RIVER BASIN: Yadkin -Pee Dee River Basin PERSONS CONTACTED: Dr. Bert Maijboom REASON FOR VISIT: Compliance inspection for turbidity COPIES TO: Rowan County Health Department REPORT: Mooresville Regional Office Staff conducted a follow up investigation at Rockwell Granite Company on June 3, 1998. Only one discharge was noted at that time. Turbidity was measured at 26.2 NTU, which is below the allowed turbidity of 50 NTU. NUC I IAEL F. LASLFY State of North Carolina I)ep lriment Ot Al-Sli(V ' 1'. O.lit )\ G,-19 M-PLY TO: Anita l-eVeul.e-Quicless kinvironment'A Divisicm Telephone No: (919) 716-6600 27(iO'?-O(i29 FM: (919) 716-6767 ;March 1 T 1999 �h. Stanford D. Baird Kennedy. Covington, Lobdell & Hickman, L.L.P. 100 North Tryon Street. Suite 4200 Charlotte, North Carolina 28202-4006 RE: Payment of Settlement Rockwell Granite Company Ro,,\,an County. SS 98-003/98 E H R 1310 Dear lair. Baird: On behalf of the Department of Environment and Natural Resources this letter will acknowledge receipt of Rockwell Granite Company's check number 4373 in the amount of $1,922.67. This payment constitutes a full and complete settlement of the above referenced matter. Enclosed for vour records is an executed copy of the Settlement Agreement. 1 am closing my file on this matter. If you have any further questions concerning this case- please contact me. Very truly dour Anita LeVeaut-Quigle Assistant Attorney Ge: ALQ/na cc: Bob Sledge Barbara Christian ep:31225 STATE OF NORTH CAROLINA IN THE OFFICE OF ROWAN COUNTY ROCKWELL GRANITE COMPANY, Petitioner, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY, Respondent. ADMINISTRATIVE HEARINGS 98 EHR 1310 SETTLEMENT AGREEMENT The North Carolina Department of Environment and Natural Resources, Division of Water Quality ("DENR"), Respondent, and Petitioner, Rockwell Granite Company ("Petitioner"), hereby enter into this Settlement Agreement ("Agreement") in order to amicably resolve matters in controversy as it relates to the civil penalty assessment. This matter arose out of the assessment of civil penalties and costs totaling two thousand three hundred and twenty- two dollars and sixty-seven cents ($2,322.67), imposed upon Petitioner on September 2, 1998, for alleged violations of the Water and Air Resources Act, N.C.G.S. 143-211, et seq., ("the Act"). This assessment of civil penalties and allegations are memorialized in the Findings and Decisions and Assessments of Civil Penalties, dated September 2, 1999. DENR and the Petitioner have reached the following settlement agreement in this matter: 1. The Petitioner will pay one thousand nine hundred and twenty-two dollars and sixty-seven cents ($1,922.67), ("Settlement Amount") to DENR in settlement in the manner hereinafter described. The Settlement Amount shall be made in a lump sum payment payable on or before March 1, 1999. 2. The payment shall be by check made payable to the North Carolina Department of Environment and Natural Resources (or to "DENR") at the following address: Ms. Nancy K. Andrews Attorney General's Office Environmental Protection Division Post Office Box 629 Raleigh, NC. 27602-0629 3. The breach of any condition of Paragraphs one or two by Petitioner, will render due and payable the entire amount of the civil penalty assessment, i.e., two thousand three hundred and twenty-two dollars and sixty-seven cents ($2,322.67). 4. Petitioner represents that it is operating in good faith to comply with permits issued to it by DENR and to comply with applicable laws. 5. Petitioner and DENR expressly stipulate and acknowledge that, by entering into this Agreement, Petitioner neither admits or denies the allegations contained in the Findings and Decisions and Assessment of Civil Penalties, however, upon a breach of this Agreement by Petitioner, the sole issue in any action by DENR is to collect the ENTIRE AMOUNT OF THE CIVIL PENALTY ASSESSLIENT, i.e., two thousand three hundred and twenty-two dollars and sixty-seven cents ($2,322.67), in accordance with the terms of paragraph three above and will be limited to the Petitioner's compliance with the terms of this Agreement. 6. DENR agrees to accept the payment of one thousand nine hundred and twenty- two dollars and sixty-seven cents ($1,922.67), in complete satisfaction of the civil penalty assessment subject to the terms of this Agreement. 7. Nothing in this Agreement shall restrict any right of DENR to take any enforcement action against Petitioner for any future violations, i.e., violations occurring after June 3, 1998 of G.S. 143-215 et. seq., 15A NCAC .0200 and any other rule or statute . 8. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently, and voluntarily. This the 2nd day of February, 1999. MICHAEL F. EASLEY Attorney Gk4A-,- r A�k BY: Anita LeVeaux-Quigles Assistant Attorney Gene al N. C. Department of Justice Environmental Division Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 FOR THE DIVISION OF LAND RESOURCES Rex Gleason; Water Quality Regional Engineer Date: PETITIONER: �;.���._.___. `� •� ��i t rrv� it� is ; . Rockwell Granite Company Date: .21,;)gy State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary �uA. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN CEIPT REQUESTED Dwight L. Crowell Rockwell Granite Company Post Office Box 829 Salisbury, North Carolina 28144 Dear Mr. Crowell: A4 110 0 D E• N R September 4, 1998 SP 190 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Rockwell Granite Company Rowan County File No. SS 98-003 NPDES Permit No. NCG020136 This letter transmits notice of a civil penalty assessed against Rockwell Granite Company in the amount of $2322.67, including $322.67 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 2. Submit a written request for remission or mitigation including a detailed justification for such request: 11 A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement that you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 No 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources P.O. Box 27687 Raleigh, North Carolina 27611-7687 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions, please contact Vanessa Manuel at (919) 733-5083, extension 532 or Susan Wilson at extension 215. Sincerely, 1 , A. Preston Howard, Jr_, P.E. U 0IWO UVINI R cc Reg of nal-Supervisor w/-attachments Compliaric`e/Enforcemen Filee w/ attachments Central Files w/ attachments Public Information Office w/ attachments r STATE OF NORTH CAROLINA COUNTY OF ENVIRONMENTAL MANAGEMENT :. COMMISSION , IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMYNISTRATTVE HEARING AND PERMIT NO. } STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of ADDRESS TELEPHONE SIGNATURE STATE OF NORTH CAROLINA COUNTY OF ROWAN IN THE MATTER OF: ROCKWELL GRANITE COMPANY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR VIOLATIONS OF: } NORTH CAROLINA GENERAL ) STATUTE 143-215.1 AND ) 15A NCAC 213.0200 AND ) GENERAL PERMIT NO. NCG020000 ) CERTIFICATE OF COVERAGE NO. NCG020136) FILE No. SS 98-003 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, A. Preston Howard, Jr., Director of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. Rockwell Granite Company is a corporation organized and existing under the laws of the State of North Carolina. Rockwell Granite Company owns and operates a quarry site near Granite Quarry, Rowan County. B. General Permit No. NCG020000 was issued on July 31, 1992, effective September 1, 1992, with an expiration date of August 31, 1997. Rockwell Granite Company was issued Certificate of Coverage No. NCG020136 on December 16, 1993, effective December 16, 1993, and to remain in effect for the duration of the General Permit. In July 1997, the Company submitted the permit renewal application and application processing fee to the Division. C. Certificate of Coverage No. NCG020136 contains the following relevant monthly average effluent limitation: Parameter Limitation Units Turbidity, freshwater non -trout streams 50 NT Us D. The North Carolina Administrative Code Title 15A, Chapter 2B .0211(3)(k) states the turbidity in the receiving water will not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity will not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level cannot be increased. Compliance with this turbidity standard can be met when land management activities employ Best Management Practices (BMPs) recommended by the Designated Nonpoint Source Agency. BMPs must be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such BMPs. E. On December 4, 1997, January 30, and June 3, 1998, the Division of Land Resources inspected Rockwell Granite Company and found the Company to be in violation of its Mining Permit. F. On December 4, 1997, DWQ staff inspected Rockwell Granite Company. Effluent tests were conducted for turbidity below the Company's Silt Basins number 2 and 4. The results were 394 NTU and 640 NTU, respectively. The corresponding turbidity monthly average values for December 1997 were 412 NTU and 640 NTU, respectively. G. On December 4, 1997, DWQ staff conducted turbidity measurements in the receiving stream approximately 1000 feet below the effluent discharge. The turbidity in the receiving stream was 463 NTU. The receiving stream begins at the effluent discharge. H. On March 25, 1998, DWQ staff took turbidity measurements of the effluent below the Company's Silt Basins number 2 and 4. The results were 78.5 NTU and 465 NTU, respectively. The corresponding turbidity monthly average values for March 1998 were 78.5 NTU and 487.5 NTU, respectively. I. The receiving stream, Second Creek, is classified as Class C Waters. There is no previous record of enforcement action against Rockwell Granite Company. K. The costs to the State of the enforcement procedures in this matter totaled $322.67. Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Rockwell Granite Company is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The receiving stream, Second Creek, receives effluent discharge from Rockwell Granite Company, and constitutes waters of the State within the meaning of G.S. 143-215.1(a)(6) and G.S. 143-212(6). C. The Division of Land Resources determined Rockwell Granite Company to be in violation of the required Best Management Practices contained within the Company's Mining Permit. D. Rockwell Granite Company violated G.S. 143-215.1(a)(6) and Certificate of Coverage No. NCG020136 on 2 occasions on December 4, 1997 when the permittee permitted waste to be discharged into the waters of the State in violation of the monthly average permitted effluent limit for Turbidity. E. Rockwell Granite Company violated G.S. 143-215.1(a)(6) and Certificate of Coverage No. NCG020136 on 2 occasions on March 25, 1998 when the permittee permitted waste to be discharged into the waters of the State in violation of the monthly average permitted effluent limit for Turbidity. F. Rockwell Granite Company violated G.S. 143-215. 1 (a)(6) and 15A NCAC 2B.0211(3)(k) on December 4, 1997, because stream sample collected showed a violation of the turbidity standard. The Division of Land Resources had previously determined that the Company was not in full compliance with all specifications governing the proper design, installation, operation, and maintenance of the necessary Best Management Practices. G. General Statute 143-215.6A (a) (1) provides that a civil penalty of not more than ten thousand dollars per day may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2 or 143-215. III H. General Statue 143-215.3(a)(9) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulation, standard, or condition of any permit issued pursuant to G.S. 143-215.1 or special order or other document issued pursuant to G.S. 143-215.2. I. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly, Rockwell Granite Company is hereby assessed a civil penalty of: $ 11000 For of the two 2 violations of G.S. 143-215. 1 (a)(6) and Certificate of Coverage No. NCG020136, by discharging waste into the waters of the State in violation of permit monthly average effluent limit for Turbidity in December, 1997. $ 1 , O 4.O For of the two Z violations of G.S. 143-215. 1 (a)(6) and Certificate of Coverage No. NCG020136, by discharging waste into the waters of the State in violation of permit monthly average effluent limit for Turbidity in March, 1998. For O of _one C1) violation of G.S. 143-215. 1 (a)(6) and 15A NCAC 2B. 20 11(3)(k) on December 4, 1997, by exceeding the water quality Turbidity standard. $� 4 O Q_ TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by G.S. 143-215.6A $ 322.67 Enforcement costs. $ 2 Z_. &"1 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. I - -Z I I& 1L'S::1 NS7�-- (DATE) Weston Howard, Jr., P.E., Director Division of Water Quality 3 9 e DIVISION OF WATER QUALITY May 28, 1998 MEMORANDUM: Don Safrit FROM: Rex Gleason PREPARED BY: Samar Bou-Ghazale S 8 G SUBJECT: Fast Track Enforcement Violations of North Carolina General Statute 143-215, 1 (a)(6) and NPDES General Permit No. NCG020136 Rockwell Granite Company Rowan County, North Carolina Attached please find an enforcement report which details violations of the subject permit and General Statute by Rockwell Granite Company. Based on our review of the response to this Office's Notice of Intent to recommend enforcement, it is still recommended that enforcement be taken against Rockwell Granite Company. Please advise if you have questions or require additional'information Attachments SBG r. 1 .' , STATE OF NORTH CAROLINA COUNTY OF ROWAN IN THE MATTER OF: ROCKWELL GRANITE COMPANY FOR VIOLATIONS OF: NORTH CAROLINA GENERAL STATUTE 143-215.1 AND NPDES PERMIT NO. NCG020136 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, AND NATURAL RESOURCES FILE No. SS FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statue (G.S.) 143-215.6A, I, A. Preston Howard, Jr Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Rockwell Granite Company is a corporation organized and existing under the Iaws of the State of North Carolina. Rockwell Granite Company owns and operates a quarry site near Granite Quarry, Rowan County. B. On December 4, 1997, DWQ staff inspected Rockwell Granite Company. Effluent tests were conducted for turbidity below the Company's two settling ponds. The results were 640 NTU and 394 NTU. Both results reflect violations of the permit limitation for turbidity, which is 50 NTU. Effluent tests were also conducted on March 25, 1998 at the same locations and the results were 78.5 NTU and 465 NTU, respectively. C. On December 4, 1997, DWQ staff conducted turbidity measurements in the receiving stream approximately 1000 feet below the settling ponds. The turbidity in the receiving stream was 463 NTU. The stream turbidity standard is 50 NTU, as set forth in 15A NCAC 2B.0211 (3) (k). D Staff costs and expenses associated with detecting the violations, defining their nature and extent, and bringing the enforcement action totaled $322.67. Based upon the above Findings of Facts, I make the following: II. CONCLUSIONS OF LAW: A. Rockwell. Granite Company is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-2I2(4). B. Rockwell Granite Company violated G.S. 143-215.1 and NPDES permit No. NCG 020136 on 4 occasions, 2 on December 4, 1997 and 2 on March 25, 1998 by discharging wastewater into the water of the state in violation'of its permit limitation. C. Rockwell Granite Company violated G.S. 143-215.1 and 15NCAC 2B.0211(3)(k) on 1 occasion on December 4, 1997 by discharging wastewater into the water of the state in violation of the stream water quality standard for turbidity. A. . i D. General Statute 143-215.6A (a) (1) provides that a civil penalty of not more than ten thousand dollars per day may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2 or 143-215. E. General Statue 143-215.3(a) (9) provides that the reasonable costs of any investigation, inspection or monitoring survey may be assessed against a person who violates any regulation, standard, or condition of any permit issued pursuant to G.S. 143-215.1 or special order or other document issued pursuant to G.S. 143-215.2. F. There is no previous record of enforcement action against the violator. G. The Director, Division of Water Quality, pursuant to G.S. 143-215.6A (h), has the authority to assess civil penalties. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III DECISION: Pursuant to G.S. 143-215.6A in determining the amount of the penalty, I have taken into account the Findings of Fact and Conclusions of Law and considered the factors listed in G.S. 143-282.1. Accordingly, Rockwell Granite Company is hereby assessed a civil penalty of: $ For of two (2) violations of G.S. 143-215.1 and NPDES No. NCG020136 on December 4, 1997. $ For of two (2) violations of G.S. 143-215.1 and NPDES No. NCG020136 on March 25, 1998. $ For of one (1)violation of G.S. 143-215.1 and 15NCAC 2B.0211(3)(k) on December 4, 1997. TOTAL CIVIL PENALTY which is percent of the maximum penalty authorized by G.S. 143-215.6A (a) $ 322.76 Enforcement costs. TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (DATE) A. Preston Howard, Jr., P.E., Director Division of Water Quality X,. DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: Violator: Address: Registered Agent Regional Office: 2 0 5 0 Limit & Stream Standard Violations Rockwell Granite Company P.O. Box 829 Granite Quarry, N.C. 28072 Mr. Dwight L. Crowell 20 North Salisbury Street Salisbury, N.C. 28144 Mooresville The degree and extend of harm to the natural resources of the State, to the public health, or to private property resulting from the violations: Turbidity prevents the penetration of sunlight decreasing productivity and increasing water temperature. Turbidity can also be an indicator of sedimentation which can bury and/or alter the benthic organisms as well as interfere with the reproduction and egg laying of many aquatic species. The duration and gravity of the violations: Violations were found on December 4, 1997 and in March 25, 1998. The effect on ground or surface water quantity or quality or on air quality: Refer to 1. The cost of rectifying the damage: The cost of rectifying the damage includes the proper construction of BMPs. Also, costs will include restoring the stream beds. The amount of money saved by noncompliance: Money saved could include any costs associated with constructing, implementing, and maintaining proper BMPs. Whether the violations were committed willfully or intentionally: 7. The prior record of the violator in complying or failing to comply with programs over Which the Environmental Management Commission has regulatory authority: No previous record of enforcement action against the violator. 8. The cost to the State of the enforcement procedures: COST CATEGORY AMOUNT a. Investigator 8 hrs.x $21.86 = $174.88 b. Clerical Support 1 hr. x $10.60 = $10.60 c. Regional Supervisor Review lhr. x $37.19 = $37.19 d. Administrative Review 100.00 = $100.00 TOTAL $322.67 9. Type of violator and general nature of business (i.e. Individual vs.'large corporation): Rockwell Granite Company is a corporation registered in Georgia that has been doing business in North Carolina since 5/23/1994. 10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance: Violator has been cooperative. 11. Mitigation Circumstances: Streambed could be restored by the removing the deposited sediment. 12. Assessment Factors: a.. IWC: I00% b. Receiving Stream: Second Creek "C " c. SOC/JOC status/negotiations: NIA e. Copy of limits page in permit: Attached f. Damage: N/A CERTIFICATION PAGE I certify that the information in this report is true to the st of o ledge. Signature of Principal Investigator(s): -ramL�j DATE: Lxq! �z! GRANITE QUARRIES USA, INC. P.O. Bux 1030 Tucker, GA 30085.1030 USA GENERAL PERMIT RENEWAL NC DEHNR DIVISION OF WATER QUALITY / WO SECTION STORMWATER GROUP PO BOX 29535 RALEIGH, NC 27626 July 30, 1997 Sir 3145 Tucker -Norcross Ed. TEL:770. 939. 0165 Suite 2G1 mt:770. 621. 0020 Tucker, GA 30084-2125 http://www.GraniteUSA.com E: GENERAL PERMIT RENEWAL: ROCKWELL GRANITE CO. Permit tjCG 020136 Please find enclosed the permit renewal information pertaining to the granite quarry mentioned above together with the application processing fee of $ 400. Rockwell Granite Co, is fully owned by Granite Quarries USA which is based in Tucker GA. Yours sincerely Dr. Bert Meijboom Pr Sci Nat Group Geologist 2182 ROCMELL GRANITE COMPANY 4-94 P. 0. BOX 1030 {20 TUCKER. GA 30085 53t . :0,�Te_Ju_ly ' 2 S: -19 9 7 PAY _ TO THE _ d+r . i ORDER OF NCOEHNE.D _ THE SUM40O D17LSOO ors "DOLLARS M.- non1z9l Carolina Bank CCB aua Thm Compwy bzo $fliWmry, : onh Cwd m 28144 FOR Storm Water Permit ... .. - . A N15% 46JA AdMhEd10hNdft IL EDEHNR INVOICE July 24,1997 INVOICE AND PERMIT RENEWAL NPDFS Stocmwater Permit ROCKWELL GRANITE CO. Permit NCGO20136 Application Processing fcc (payable to NCDEHNR).......... .......... $ 400.00 PERMIT RENEWAL INFORMATION The following is information currently in our database for your facility. Please review this informations carefully and make sure that all necessary corrections are made in the space provided to the tight of the current infarmadivn. ❑ No Revisions Required 0 Revisions Required Facility Name: ROCKWELL GRANITE CO. Mailing Address: P. O. BOX 1129 TUCKER, GA 30085 Facility Location: NCSR 2623 SUPINGS MILL. NC 30085 Facility Contact: ALB M -1-399 Earn h&r- �_ & . If Phone Number: Fax Number: 77o Wg) 939-9834 04 2 72 8 l a i E-mail Address: CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. {-� —7 -�91b�rE i� Mei'boon►, ,—�,r fo ;s Print or Type name of person signing above Title Please Mum this completed permit renewal form. $4W.00 application prooessing fee and any relevant documentation to: Cenral Permit Reacwal Dvmon of Water Quality / WQ Section Stormwater Groupp Post Office Box 29535 Raleigh, North Carolina 2762.6-0535 TOTAL P.02 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 26, 1998 CERTIFIED MAT-L RETURN- RECEIPT REQUESTED :.Rockwell Granite Company W" Mr. Albert F. Meijboom ,-';!P.O. Box 829 ,-Granite Quarry, N.C. 28072 =`Dear Mr. Meijboom: Subject: Notice gfRecommpridation Egg Enfogccement NCGS 143-215.1- Control of Source of Water Pollution Permit Condition - Failure to Meet turbidity Limits Rockwell Granite Quarry COC NCG020136 Rowan County, N.C. Chapter 143, Article 21 of the North Carolina General _ _ Statutes (NCGS) authorizes and directs the Environmental ;;,�4�� - ;„� �9::" Management Commission of this Department to protect and preserve the water and air resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On March 25, 1998, Mr. Samar Bou-Ghazale of this •- _ ., Office conducted an investigation at the subject '-�_ facility. Effluent tests for turbidity below the two s settling ponds were conducted. The results were 78.5 NTU Land 465 NTU. Both results reflect violations of the. �•- "`; ermit limitation for turbidity, which is 50 NTU. A150, a Notice of Violation wad issued to Rockwell Granite Quarry on January 5, 1998 for exceeding the turbidity Limits at the above mentioned locations below the two settling ponds.919 NORTH MAIN STREET MOORESVI LC NI G 81 15 , L , OATH AROLINA Z PHONE 704-663.1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 549E RECYCLED/10% POST -CONSUMER PAPER Mr. Albert F. Meijboom March 26, 1998 Page 2 It is also our understanding that the Division of Land Resources (MRO) found Rockwell Granite Quarry in violation of required best management practices. Pursuant to NCGS 143-215.6A, penalties of up to $10,000.00 per day per violation may be assessed against any person who violates any classification, standard, limitation or management practice established pursuant to NCGS 143-.214.1, 143-214.2, or 143-215, or who violates or fails to act in accordance with the terms, conditions, or requirements of any permit required by NCGS 143-215.1. If you have an explanation for these violations that you wish to present, please respond in writing to the Mooresville Regional Office within (10) days after receipt of this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate your explanation will be forwarded to the Director with the enforcement package for his consideration. Please address your response to Mr. D. Rex Gleason, Water Quality Regional Supervisor, at the address shown below. If you have any questions concerning this matter, please do not hesitate to contact Mr. Gleason or me at (704) 663-1699, or at the address shown on the letterhead. Sincerely, Barbara S. Christian, P.G. Acting Regional Supervisor CC: Rowan County Health Department SBG State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary DIVISION OF WATER QUALITY January 5, 1998' CERTIFIEDMAIL RETURN RECEIPT REQUESTED Rockwell Granite Company Mr. Albert F. Meijboom P.O. Box 829 Granite Quarry, N.C. 28072 Subject: Notice of -Violation NCGS 143-215.1- Control of Sources of Water Pollution Permit Condition -Failure to Meet Turbidity Limits Rockwell Granite Quarry COC NCG020136 Rowan County, N.C. Dear Mr. Meijboom: Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water and air resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On December 4, 1997, Mr. Samar Bou-Ghazale of this Office conducted an investigation at the subject facility. Effluent tests for turbidity below the two settling ponds were conducted. The results were 640 NTU and'394 NTU. Both results reflect violations of the permit condition for turbidity, which is 50 NTU. 919 North Mcin Street. NIf �FAX 7f?� bh3�04Q MccresMile. North Carolina 281 15 An Epua1 Opportunity/Affirmative Action Employer voice 704-663-1699 - 40% recyc'ed/1C% Goss -consumer poper Mr. Albert F. Meijboom January 5, 1998 Page 2 It is also our understanding that the Division of Land Resources (MRO) found Rockwell Granite Quarry in violation of required best management practices. Pursuant to NCGS 143-215.6A, penalties of up to $10,000.00 per day per violation may be assessed against any person who violates any classification, standard, limitation or management practice established pursuant to NCGS 143-214.1, 143-214.2, or 143-215, or who violates or fails to act in accordance with the terms, conditions, or requirements of any permit required by NCGS 143- 215.1. It is requested that a written response be submitted to this Office by no later than January 15, 1998 explaining action taken to attain compliance with the permit requirements. Please address your response to Mr. Samar Bou-Ghazale in this Office. If you have any questions concerning this matter, please do not hesitate to contact Mr. Bou-Ghazale or me at (704) 663-1699, or at the address shown on the letterhead. Sincerely, D.Rex GI ason, P.E. Acting Regional Supervisor cc: Rowan County Health Department SBG 1-2G-1998 3:21PM FROM ROC WELL GRANITE 7042790600 P.i GRANITE OVARRIES VSA, INC. XL P.0.9ox 103Q $)45 Tudwr-Norcross Rd. Ta:770. 939. 0155 1. 11 LP TLcku, fiA 90083•1030 suite inl FAX: 77Q.62). 0020 U$A Tucker, &A 30084-2125 http! //Www.Grauitourk.=m DENR DIVISION OF WATER QUALITY MOORESVILLA NC Fax: 704 — W2 9W For atterWon: Mr. Samar Sou- Ghamle January 26, f998 Dear Sir RE ROCKWELL GRANITE CO. In reply to- your kOW dated ,January 5, 1998 and a letfer from Bryan MOM the week MOM I discussed the issue with him To reduce the prabMras w9h the turbidity In the water leaving our property wv havc decided to undertake the flallow&V steps: Rain water in the existing and active quarries will be pumped through discharge pipes into tine old quarry pM at am white granite. this pit will there sww as the It* settling•basin and S&V890 aroa. The can &Lv ion of a new quarry road WN simultaneously resulf in a darn wal br an adddiorW saditmnt basin; ftrs one will be equipped with a riser pipe, something which is also consdmr Mr the old existing sedlmerr basin wh cn will serve as the Mid basin In fts ono of basins (s" attached skoich), A new sadLnent basin would be oons&wfed on the Wtule cameNla" properly to replace the defective one there; this one wocdd require a rfp-rap channel tram the oveMw These plans and oilier improvements to an adfacont road were discerned wdh the adjacent neQhbor Mr. Deal; it was suggasfed that the riprmp would run across his property and we would then oonstrucf a new r pipe underneath his road to the creek However the family members do not share file Ideas and wa am now awamng 1 nVmr corresponWnoe tmm theft IsWAr. Yours Sincemly OrOwt : I OW roAd'sOct;vx �o bt rp,444 } N 1 roA — 3 p .a 't ij ZZ r:lp �r �r ar �� ~ �Q tii�. �Aiiq Jar' �'„y/ fey,, rov►d ; ' Ea' be wilt itlso seAs as R A—0 K , V r• i SRr` nt w .' of volArr GRANITE CUARRIES USA, INC. jP.O. Box 1030 3145 Tucker -Norcross Rd. tez:770. 939. 0165 Tucker, GA 30065-1030 Suite 201 FAX:770. 621. 0020 USA Tucker, GA 30084-2125 htip: //www.GraniteUSA.com j N.C. Y4r-s-11,i.,,. NATUAA!, PIP.? 4PR 2 8 'M DENR Water Quality Section Mooresville, NC Fax: 704 — 663 6040 (Original by mail) For attention: Mr. Rex Gleason April 23, 1998 Dear Mr. Gleason RE: TURBIDITY AT ROCKWELL GRANITE QUARRY On April 16", 1998 1 received the letter from your department regarding the turbidity tests carried out at our quarry by Mr. Samar Bou-Ghazale on March 25, 1998. At your request I would like to explain the reasons why the turbidity levels of these tests were still higher than the compliance levels. The DENR visited the site in December 1997, and at their request we visited Rowan Granite to evaluate their solution for handling turbidity. We subsequently discussed several proposals for solving the turbidity problem. It became Gear to us that to reduce the turbidity levels at Rockwell a longer settling time would be needed. To achieve these lower levels the following steps should be taken: 1. increase our sediment basin capacity by making the existing ones larger and adding on more basins; 2. convert the basins from a weir type into riser barrel ones thus providing more time for the sediment to settle out of the water; 3. test the use of flocculent in the basins. The pH levels need to be tested as initial concems were that the pH level would be lowered or metals could be leaching out from the granite. In December 1997 we developed and initiated a plan to address the turbidity problem. Plans for larger basins were drafted and a rough mine plan was subsequently updated (copy attached). A contractor was engaged to start the construction of a small DENR approved basin (# 3, see map). This basin was originally designed as a weir dam with filtration stone. However the basin had to be redesigned as a riser barrel system because the neighbor objected to a riprap channel and culvert across his property to the creek. The construction of the remainder of the sediment basins began in early January, We developed a double basin system whereby the dirtiest water (from quarries A and C) is pumped into an upper basin (# 5), then discharged into a secondary basin (# 4). This system would allow the water to stay on the property longer and produce the necessary time for the fine sift to settle. We initiated and completed several phases of construction for these basins. Unfortunately the completion of the basins was considerably delayed due to heavy rainfall during the first three months of the year, To date the situation is as follows: Silt basin # 4 is nearing completion. The dam walls are in place and have been seeded. The basin has a capacity of about 200 000 cu ft. The riser pipe will be installed once basin # 5 has been completed and quarry water can be diverted into basin # 5. 2. Silt basin # 5 is also a riser barrel -type basin and is presently under construction; one section of the wall has been completed and has been seeded. With a capacity of some 180 000 cu. ft., basin # 5 will act as an initial storage basin. 3. Silt basin # 2 will be the upper riser barrel storage basin in a similar double basin system. It provides settling time for the fine silt before the water flows into the lower basin # 3.The latter was completed and seeded in January. 4. Before the envisaged enlargement of basin # 2 starts, it will have to provide access to remove waste material that had been dumped too close to the boundary. However, attempts to dewater the basin have been hampered by rainfall. Once this has been completed and the waste has been removed, the diversion channel will be cleaned and blocked off. Presently this old channel allows surface water to flow from undemeath the waste dump onto the adjacent property. 5. Following conversations with the Land Quality section tests are presently underway to test a new type of flocculent. At a small scale, this proved to be successful, and the Water Quality section has been asked to allow us to carry out tests at a larger scale in a basin. If successful this would enable us to decrease the turbidity of the water to a level below 50 NTU, and then pump the dear water out of the basin providing room for a next batch of turbid water from the quarry. To recapitulate the higher turbidity levels found by Mr. Bou-Ghazale were a reflection of the workings presently undertaken at the quarry. The first sample (78.5 NTU) was taken below the hole in the diversion channel next to basin # 2. The sample reflects surface water run-off from undemeath the waste dump near Quarry C, as we have rerouted the dirtiest water from Quart' C to a temporary stone -lined storage area near Quarry A. Although this level is a significant drop from the DENR's readings in December, we recognize that it is still elevated and are currently working to reduce this level. Whilst the lower basin # 4 was under construction, water had to be diverted via a stone lined channel into the small rock dam # 6. This emergency dam was used to temporarily filter water leaving the property, so that sift basin #4 could be dewatered and reconstructed. Unfortunately, ft was at the outflow of this dam during the diversion period where Mr. Bou-Ghazale took the sample with a reading of 465 NTU. Currently, we have routed the water back into basin #4, and only surface water is flowing to dam #6. Once all the construction has been completed and the basins are in place we are looking at the following scenario for the water management: Run-off water from the area around quarry C will be collected in channels and basins # 1, 2 and 3 (basin # 1 is an older basin situated above basin # 2). Water will settle in # 2 after which it will flow through a riser barrel into # 3. Water from # 3 will be allowed to flow out of the basin into a riprap channel at a 10 angle towards the property boundary. Water from the write quarries A and C will be pumped into silt basin # 5; water will settle in here before it will flow through a riser barrel into # 4. Further settling will be allowed here before it flows through a riser barrel into a rip rap channel towards the property boundary. If you have any questions regarding these management practices, do not hesitate to contact me. Yours sincerely Bert Meijboom Group Geologist 704 — 279 3114 704 — 279 8101 fax Permit No. NCG020000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT TO DISCHARGE STORMNATER UNDER THE - - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143- 215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, All owners or operators of stormwater point source discharges associated with activities classified as Standard Industrial Classification Code 14 (mineral mining industry), except as specified below, including active or inactive mining operations (including 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 are hereby authorized to discharge to the surface waters of North Carolina or to a separate Storm sewer system conveying discharges to surface waters. The following activities and their associated stormwater discharges shall not have coverage under this General Permit: peat shining, coal mining, metal mining, stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations, and oil and gas extraction operations. The General Permit shall become effective on September 1, 1992. The General Permit shall expire at midnight on Angust 31, 1997. Signed this day July 31, 1992. A.'Preston Howard, ., P.E., Acting Director Division of Envirosunental Management By the Authority of the Environmental Management Commission PERMITTED ACTIVITIES Until this permit expires or is modified or rescinded, the permittee is authorized to discharge stormwater, overflow from facilities that recycle process wastewater, and/or mine dewatering to the surface waters of North Carolina after adequate treatment and/or management in accordance with an approved Mining Permit by the North Carolina Division of Land Resources, Land Quality Section, under the provisions and requirements of North Carolina General Statute (NCGS) Chapter 74, Article 7, or under the provisions of NCGS 74-67 for borrow pits. All discharges shall be in accordance with the attached schedules as follows: Section A - Final Limitations and Controls for Stormwater and Wastewater Discharges r Section B - Minimum Monitoring and Reporting Requirements Section C - Schedule of Compliance Standard Conditions for General Permits Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. All persons desiring to be covered by this General Permit must register with the North Carolina Division of Environmental Management (DEM) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any new discharge of stormwater, overflow from facilities that recycle process wastewater, or mine dewatering associated with a mining activity that has a point source discharge to the surface waters of the state or existing discharge of stormwater which will continue beyond October 1, 1992. The N0I shall contain a copy of the valid mining permit for the mining activity issued by the Land Quality Section. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to the time the permit is needed or prior to October 1, 1992 for existing discharges of stormwater. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. Permit No. NCG020000 PART 1 WiN KINOL _ During the period beginning on the effective date of the permit and lasting until expiration, the Permittee Is authorized to discharge stormwater, overflow from facilities that recycle process wastewater, and/or effluent from mine dewatering. Such discharges shall be controlled, limited, and monitored as specified below: 1. The Permittee shall implement Best Management Practices (BMPs) to ensure that contaminants do not enter surface waters via stormwater that comes In contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site of the sources covered by this permit. A BMP plan shall be developed in accordance with Part I, Section C of this permit for each facility covered by this general permit. 2. The Permittee shall Implement management practices and the Erosion and Sedimentation Control Plan that are included in the mining permit which have been approved by the Division of Land Resources. The approved permit is considered a requirement or condition of this general permit. Deviation from the approved permit, or approved amendment to the permit, shall constitute a violation of the terms and conditions of this general permit. A signed copy of the issued mining permit including the approved Erosion and Sedimentation Control Plan and the Reclamation Plan shall be maintained on the site at all times. Once an area Is released by the Division of Land Resources in accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this permit. 3. Equipment utilized during the mining activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, . or any other petroleum products, shall not be discharged on to the ground or into surface waters. Spent fluids shall be disposed of In a manner so as not to enter the surface or ground waters of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner so as not to allow their entry into the surface or ground waters of the state. 4. Above ground bulk storage of petroleum products and storage of Section 313 Water Priority Chemicals shall have secondary containment devices within the first 12 months of permit coverage for existing discharges and prior to beginning operations for new discharges to prevent leaks and spills from contaminating stormwater runoff. Page 1 of 24 Pages 5. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - MINE DEWATERING ANWR OVERFLOW FROM FACILITIES THAT RECYCLE PROCESS WASTEWATER. Mine dewalering and/or overflow from facilities that recycle process wastewater shall be limited and monitored by tho%permittee as specified below: Total Flowl Settleable Solids Turbidity2 Total Suspended Solids 3 Total Suspended Solids 4 Sample Locations: E - Effluent Units Isaecifvt Measurement Sample Sample' Mon. Aye. Daily Max. F=uencv I= Location E 0.1 mill 0.2 mill Monthly Grab E Monthly Grab E Monthly. Grab E Monthly' Grab E 1 Total Flow shall be continuous flow measurement. Alternatively, pump curves and pump logs may be used as a means to record flow. 2 Turbidity monthly average limitation: Trout waters 10 NTUs Non -trout takes and all saltwaters 25 NTUs Freshwater non -trout streams 50 NTUs 3 Total Suspended Solids for Industrial Sand Mining shall be limited to a monthly average of 25 mgA and a daily maximum of 45 mgA. 4 Total Suspended Solids for Phosphate Rock Mining shall be limited to a monthly average of 30 mgA and a daily maximum of 60 mgA. BMP Conditions 1. The permittee shall utilize best management practices to ensure that contaminants do not enter the surface waters as a result of blasting at fhe site. 2. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any chemical additive for purposes of flocculation. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units In fresh waters, and shall not be less than 6.6 standard units nor greater than 8.5 standard units for sail waters, and shall be monitored monthly at the effluent by grab samples. (The pH for discharges into streams designated swamp waters may be lower.) There shall be no discharge of floating solids or visible foam In other than trace amounts. B. MONITORING FiEWREMENTS - LAND DISTURBING ACTNITIES. Stormwater discharges from any disturbed areas during land grading operations (except for sand and gravel mining operations) shall be monitored by the permittee as specified below: Stormwater Discharge llnh Monitoring- 3enuiremerits Chi actL eristics Measurement Sample Sample Frequency Il[Rt3 Location Total Suspended Solids mgll oncelyear Grab SDO Settleable Solids MIA oncelyear Grab SDO Turbidity NTUs oncelyear Grab SDO pH Standard oncelyear Grab SDO 'Sample locations: SDO - Stormwater Discharge Outfall t Total precipitation and duration of the event measured shall be a representative storm event. Storm Event UR" Monitoring Reaufrements Characto[ stir Total Event Precipitation inches oncelyear Event Duration hours oncelyear 7. Monitoring Requirements - Vehicle Maintenance Activities. Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new molor oil per month when averaged aver the calendar year shall be monitored by the permittee as specified below: Stormwater Discharge Unb nit flag Reau1remoift Characteristics Measurement Sample Sample Fr2guencyl IYJ213 Location2 Total Flow3 M3 3/term SDO Oii and Grease mg/I 3/term Grab SDO Lead, Total Recoverable4 ug/I 3/term Grab SDO Detergents (MBAS)5 mg/f 3/term Grab SDO pH Standard 3/term Grab SDO New motor oil usage gallons/month 3/term Estimate not Measurement Frequency - 3/term - shall mean stormwater runoff associated with vehicle maintenance activity on -site. Existing facilities shaft be to sampled once within six months of certificate of coverage Issuance and, where possible, prior to implementing BMP9 and development of the BMP Plan ,p at existing operations. Thereafter, sampling shall be conducted two times during the remaining permit term at Intervals of greater than eighteen 0 months apart and collected during the months of April through November. �n 2 Sample Locations: SDO - Stormwater Discharge Outfall a (a 3 Total flow shall be measured continuously or calculated based on the amount of area draining to the outfall, the amount of bullt-upon area, and the total (n amount of rainfall or estimated by the measurement of the flow at 20 minute Intervals during the rainfall event. Total precipitation and duration of the event measured shall be a representative storm event. 4 Applies only for facilities at which fueling occurs. 5Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. Pt m Storm Event Mon1loring Reguirements Sharlicteristic r Total Event Precipitation Inches 3/term Event Duration hours 3/ to r m c c r [ [ [ Pezn t No. NCG020000 Part 1 Section B: MINIMUM MONITORING AND REPORTING REQUIREMENTS (unless otherwise approved In writing by the Division of Environmental Management) 1. All erosion and sedimentation control facilities shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge of runoff of stormwater from the site. 2. Stormwater runoff discharges shall be inspected by visual observation for color, foam, outfall Staining, visible sheens and dry weather flows at the above frequency to evaluate the effectiveness of the stormwater control facilities or practices. if any visible off -site sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. 3. The permittee shall keep a record of Inspections. Visible sedimentation found off the site shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to clean up the sediment that has left the site. This record shall be made available to DEM or authorized agent upon request. 4. A log of the sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan. 5. A log of the sampling data and of activities taken to implement the BMP Plan shall be kept on site for the duration of the permit term and made available to the Director immediately upon request. 6. For purposes of the stormwater sampling required in this permit, all samples shall be collected from the discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Samples shall be collected at intervals not less than one year apart. If the stormwater runoff is controlled by a detention pond, the following sampling requirements apply: (a) If the detention pond detains for 24 hours the runoff generated by one inch of rainfall, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. (b) If the detention pond discharges only in response to a storm event exceeding a ten year design storm (See Part II, Standard Conditions, Section A), visual observations of the discharge for color, foam, outfall staining, visible sheens and dry weather flows, are required but analytical sampling shall not be required. (c) If the detention pond discharges only. in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. 7. The analytical results of samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year in which sampling was required to be performed. Page 5 of 24 Pages Permit No. NCG020000 , Section C: Schedule of Compliance 1 . The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: For the vehicle maintenance activities: a. Develop and implement BMP's and stormwater controls, as appropriate within the first 12 months of permit coverage, at existing operations. b. Develop and implement BMP's and stormwater controls, as appropriate, prior to beginning mining operations at new operations. For the land disturbance activities: a. Implement BMP's and stormwater controls, as appropriate on the effective date of permit coverage, at existing operations. b. Develop and implement BMP's and stormwater controls, as appropriate, prior to beginning land disturbance activity at new operations. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the perm stormwater controls at optimum efficiency. Page 6 of 24 Pages Permit No. NCG020000 PART 11 STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, .33 USC 1251, et. seq. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. „-.r a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the Individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the Individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (I). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. ... - - 674 Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Page 7 of 24 Pages Permit No. NCG020000 . „ The Division of Environmental Management, Department of Environment, Health and Natural Resources. S. DireCto[ The Director of the Division of Environmental Management, the permit Issuing authority. F� 9. RK The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. �>�T.Ttitll A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. [�� _ • - ►fir-1 iii� • . Fit • -V . - MI All municipal separate storm sewers that are either: a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or C. Owned or operated by a municipality other thar, those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. Any material of any mature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed, by mining operations. 14. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. Page 8 of 24 Pages Permit No. NCG020000 Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. -A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours In which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. ff -•,• .. L •i M. ri1-� Containment,for the contents of the single largest tank plus sufficient freeboard to allow for precipitation. •17-MarMUM01u A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed In appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) is a pollutant for which EPA has published acute or chronic water quality criteria. Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, stag and sludge that have the potential to be released with stormwater discharges. Page 9 of 24 Pages Permit No. NCG020000 Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. • u, +ME -• i• The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an Industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries Identified in (a) through 0) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites: refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term Includes- only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by- products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)- (k)) include .those facilities designated under 40 CFR 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in 'industrial activity': a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; C. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR Page 10 of 24 Pages Permit No. NCG020000 434A1(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact 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; inactive mining operations are mining sites that are not being actively mined, but which have an Identifiable owner/operator; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. - -Landfills, land application sites, and open dumps that receive or have received any Industrial wastes (waste that is received from any of the facilities described under this definition) Including those that are subject to regulation under Subtitle D of RCRA; f. Facilities Involved in the recycling of materials, Including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, Including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or .airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; 1. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for.sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; Construction activity Including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434. 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)- 6) of this definition). The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an Intensity expected to be equalled or exceeded, on the average, once in ten years. Page 11 of 24 Pages Permit No. NCG020000 25. tal Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. �*�tf iMMM1i� , i Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 27. T=s of Samples a. Grab samples are individual samples collected instantaneously. b. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes. The grab sample to be composited must be of no less than 100 milliliters. 28. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 29. Waste Pile Any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. - . M The maximum 24-hour precipitation event expected to be equalled or exceeded, on the average, once in 25 years. Page 12 of 24 Pages ,, 1 . Permit No. NCG020000 The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage renewal application. a. -The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to Incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition Is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a),I C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. •Ia3ti 1- 090 M-111M Except as provided in general permit conditions on 'Bypassing' (Part 11, C.3.), nothing In this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such Page 13 of 24 Pages Permit No. NCG020000 . , . 4. 5. 6. 7. 8. 9. as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Nothing In this general permit shall be construed to preclude the Institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee Is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this general permit does not convey any property rights In either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any Infringement of Federal, State or local laws or regulations. The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. . � . IT1111M • - • - Ill An expired general permit continues in force and effect until the general permit is reissued or a new general permit is issued. Only those facilities authorized to discharge under the expiring general permit are covered by the continued general permit. The certificates of coverage issued under a general permit shall continue in force and effect until the general permit is revoked or terminated. Page 14 of 24 Pages • Permit No. NCG020000 After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and relssuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. The Director may require any owner/operator authorized to discharge under a certificate of coverage Issued pursuant to this general permit to apply for and obtain an Individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit, f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g- The Director determines at his own discretion that an individual permit is required. Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit Is automatically terminated on the effective date of the individual permit. dKIMERF-M .t ; -. -iM-a All applications, reports, or information submitted to the Director shall be signed and certified. Page 15 of 24 Pages Perrrit No. NCG020000 a. All notices of intent to be covered under this general permit shall be signed as follows: (I} For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), ff authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an Individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Page 16 of 24 Pages Permit No. NCG020000 The Issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are Installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. NNEEMPLON, • ._ • +-• - 1. - It shall not be a defense for a permittee in an enforcement action that It would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. �� •. 1• •�! Il a •1 . .• a. Definitions (1) 'Bypass' means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) 'Severe property damage' means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Page 17 of 24 Pages Permit No. NCG020000 C. Notice (1) Anticipated bypass. K the permittee knows in advance of the need for a bypass, it shall submit prior notice, If possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part It, E. 5. of this general permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Director may approve an anticipated bypass, after considering Its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 4. upsgts a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. C. Conditions necessary for a demonstration of upset. Page 18 of 24 Pages Permit No. NCG020000 A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part 11, E. S. (b) (B) of this general permit. (4) The permittee complied with any remedial measures required under Part 11, A. 2. of this general permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Samples collected and measurements taken, as required herein, shalt be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. Ali samples shall be taken at the monitoring points specified in the certificate of coverage issued pursuant to this general permit and, unless otherwise specified, before the effluent joins or Is diluted by any other waste stream, Body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626.0535 Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Page 19 of 24 Pages a. r- " r- ,r Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels that are below the general permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,�any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this general permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this general permit, the permittee shall .record the following Information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Page 20 of 24 Pages Permit No. NCGUzuuuu The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or In the case of a facility.which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. -Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. -ire.• e.�.- The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source In 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). Page 21 of 24 Pages Permit No. NCG020000 The permittee shall give advance notice to the Director of any planned changes In the permitted facility or activity which may result in noncompliance with the general permit requirements. 3. Tra�eigry The certificate of coverage Issued pursuant to this general permit Is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the Intervals specified elsewhere in this general permit. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and Its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time It is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as Information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (8) Any upset which exceeds any effluent limitation in the general permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. C. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Part 11. E. 4 and 5. of this general permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part tl. E. 5. of this general permit. Page 22 of 24 Pages Pewit No. NCG020000 Where the permittee becomes aware that It failed to submit any relevant facts in a notice of intent to be covered under this general permit or in any report to the Director, it shall promptly submit such facts or information. ..• M Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section .308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act. ��AF13i111`�i'•Tl • , : - •.• . The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Part ICI OTHER INFORMATION A. limitations Reopener This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1 . contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or 2. controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 23 of 24 Pages Permit No. NCGa20OU0 L PART IV ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee In timely manner In accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to Initiate action to revoke the Certificate of Coverage. Page 24 of 24 pages ROCKWELL GRANITE COMPANY P.O. Box 1030 Taker, GA 30085-1030 USA DENR DIVISION OF WATER QUALITY MOORESVILLE, IYC I. Fax; 704 — 663 W40 For attention: Mr. Samar Bou- Ghazale^' Date: January 29, 1999 Dear Sir RE: ROCKWELL GRANITE CO. 314S Ticker-Ntirutm Rd. m:770. e39- 0155 suite 201 rAE:770. 621. 0020 Tucker, GA 30G84-212S hitp: //www.GrenttoUSA.com FoAowing our earner telephone conversation 1 wxW Ake to explain the sbsaWn we are presently experiencing at Rockwell Granite. The previous weekend we had 2 7 inches of rain at the quarry site that caused the wafter levels in tale basins to rise by about tttvn feet During the week an additional ffuree beet of water was added firm wafer that was pumped oat of the quarries, bringing the Jewel to about dvee teat below the top of the riser pipe. This is the End time that He wafer had risen that high in the dam since it was constructed. On Monday, I noticed NW ttre coffar around the first joird of the banei had started leaking. Two days later it also startled leaking from the roof where the second joint in the barrel is. that is Inside" the dam wag. Consequer ft water started fho AV out of the ba 7W. Auer we had added the plaster of Paris to the water, the NTU dropped to 50. During my defly.inspeciion numds, f nofk.ed this momN that a secfon of On owV* of the dam wall of basin # 4 had sNd down. It has a haff moon shape of abort B Feet king and It is sNualod some 6 feet away from the barmL I suspect that water fravielfng along the top of the b®rrel had saturated the dirt In the wag and a waterlogged section had given. / 1 imrnedtately catlled the conslrudbn engineer (Rick Peterson} who had bunk the damn. Once on site he stated that the whole section is in the danger of collapsing if ws do not reduce Me water pressure against the wag Fartretetely, was have an emergency reuse pipe VVM a valve next to the barrel. In order to lower the water to a fvt where we can ad&ess the apuatfon, I would Nre to request to release water out of the basin wilt a NTU Met is around 150 rather than, es the engineer stated it, finding the remains of fhe dam wall as a three %d high path of mud prouo the woods on the adjacent property. I would app►eciate it if you could wails me a note confimft our conversaWn earlier in the day and the fact that you gave as Pemrissio n releasing fake water and thus avoiding a crisis Thank you very much for your understanding and coopershm Yours sincerely or Bert Meg -boom Group Geobgist 704- 279 3114 704 - 279 8101 fax A stibstmary of rranitF fluarrras USA, Inc. T 0' d T 0 18 64Z Via J. 773M>1:3oNwusM90 Wd 0T:£0 66-6Z-NUt MEMO To: f a C5 Date: I _ � GI��' Subject: oc faz 6 iL C, - -R�LL&r-Tr^-- - Jl�wuw-7 2`It��1k UP 40 e�� uFji/rlU A, KC—LC,r t-- LAf mW,-- R" e /F ! l� t S ! o P.�A s i. r4� w!�'I�-,� 1 w r L C 10 c��P w TWT14C- Lam. gt�-7 (-h3 1(FY0,,,$)13)[ /J� From: `.KNorth Carolina Department of Environment, =— Health, and Natural Resources DE H NR @ Printed on Recycled Paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director May 11, 1998 Mr. Bert Meijboom Rockwell Granite company P.O. Box 829 Granite Quarry, NC 28072 9;TA 1�• ID E N F=k t%C_ a -'PT. W �Ac1 sue• Te _ �t ►' . Cr nd'A rU^.Ai• ri:£�tyU'..t w� MAY 15 1996 Rll O of ._ :.. t� x,-= affa Subject: Provisional Approval for use of CaSO4 NCG020136 Rockwell Granite Quarry Rowan County Dear Mr. Meijboom: Reference is made to your request to begin the use of Calcium Sulfate in your quarry's sedimentation basins in order to encourage the flocculation of fine suspended sediments. After exploring this possibility it has been determined that the decreased turbidity to the affected streams could be worthwhile if other water quality concerns are monitored as well. One major concern is that too much ammonia may be present in the water due to the use of ammonium nitrate as an explosive in freeing the stone from the quarry walls. Ammonia is toxic to aquatic organisms at too high a concentration, and its harmful effects are increased exponentially as the pH increases. Since the addition of Calcium Sulfate increases the pH of the discharging water this ammonia toxicity is the primary concern. The e quarry will be allowed to use the Calcium Sulfate-iri its retention -ponds one al basis to end on June 1, 1998. While the trial is being conducted all discharges from the ponds into ' waters of the state will be monitored for pH, ammonia toxicity, total sulfates,.and_unionized ammonia. If the pH monitoring determines that the water to leave the basin exceeds the limit of 9 units then a buffering agent must be added to bring the water down to an acceptable range prior to its discharge. Copies of these test results shall be made as they become available, and sent to Mrs. Lau at the above address. After all of the collected information has been reviewed a determination will be made as to whether or not the Calcium Sulfate additions may continue. If you have any questions concerning this matter please contact Mrs. Aisha Lau at (919) 733-5083, ext. 578. Sincerely, 004p� A. Preston Howard, Jr., P.E. cc: Mooresville Regional Office - Samar Bou Gahzal Central Files - w/ attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper S�� I A KLUTTZ, REAMER, BL.ANHENSHIP, HAYEs & RANDOLPH, L.L.P. ATTORNEYS AND COUNSELORS AT LAW 131 NORTH MAIN STREET RICHARD R. REAMER P,O, DRAWER 1617 Wm. GLARENCE KLUTTZ MALCOLM B. BLANK ENSH IP, JR, SALISBURY. NORTH CiAROLINA 28145-1617 (1917-199(3) WILLIAM G. KLUTTZ. JR. �+ LEwts P. HAMLIN. JR, GLENN S. HAYES E-MAIL: klutLZlawasalisbury.net L�,l... '.. �. - (1919-19as) JAMES F. RANDOLPH i1'Y3;�a►'g:ri'f ���'". sail. ROMAN G. PIHL NATUAAS, "L ),,TFT7"HONE (704) 636-7100 FACSIMILE (704) 630-2284 APR 2 8 1998 April 24, 1998 Mr. Charles H. Gardner, P.G., P.E. North Carolina Department of Environment and Natural Resources Division of Land Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Re: Rockwell Granite Quarry; Yadkin River Basin, Rowan County Mining Permit No. 80-25; Clients' Concerns and Enforcement Concerns Dear Mr. Gardner: As you may recall, the undersigned represents Kenneth Austin and the Deal family with regard to their concerns with the operation of the Rockwell Granite Quarry mine in Rowan County, North Carolina and with regard to the state's enforcement of the quarry's mining and clean water permits. My clients' specific concerns with the quarry are set forth in a letter I sent to the quarry which is attached as Exhibit A to this letter. Their other concerns deal directly with the lack of state enforcement of required permit terms. After reviewing the state's file, it is apparent that the state is continuing to allow the Rockwell Granite Quarry to violate its permit terms with immunity. It has alarmed my clients to notice in the documents that your office sent the undersigned that you are considering allowing the quarry to modify its permits to extend its sediment basin into and through the buffer zone that the permit requires. It is very clear that the permit terms and conditions require a buffer zone of at least fifty feet. However, over the last year the quarry has been in violation of that and now, after the fact, the state is even considering modifying the permit to allow the quarry to do it. This is backward enforcement of requirements. The requirements in the permit terms and conditions are there to protect individuals like my clients. The state's job is to protect my clients, not to assist Rockwell Granite Quarry Company in its mining operations. The other purpose of this letter is to notify the state of North Carolina that unless the State takes steps to fulfill its obligations and duty to enforce the NPDES discharge permit and the mining permit for Rockwell Granite Quarry, my clients will be forced to take KLUTTZ, REAMED, BLANKENSHIP, HAYES & RANDOLPH, L.L.P. Mr. Charles H. Gardner, P.G., P.E. Page Two April 24, 1998 action against the state of North Carolina in addition to the quarry. This notice is provided pursuant to the citizens suit provisions of the Clean Water Act under which the quarry's NPDES storm water discharge permit has been issued. Finally, my clients' position with regard to any attempt to modify the mining permit or NPDES discharge permit without some type of hearing in which my clients could express their views is that such an attempt would be a violation of the statutes and regulations governing mining operations in the state of North Carolina. Upon receiving this letter and its attached documents, a response from the State would be greatly appreciated. Sincerely yours, D Roman C. Pibl RCPIjis Enclosure cc: Mr. Tracey E. Davis Mr. G. Douglas Miller Mr. D. Rex Gleason Governor James B. Hunt, Jr. Attorney General Mike Easley KJ.UTTZ, READIER, BLA.N:NKENSHIP, HAYES & RANDOLPH, L.L.P. ATTORNEYS AND COUNSELORS AT LAW 131 INORT11 I -LAIN STREET RICIiARD R. REAMUR P.O. DRAlIFE11 1617 WM. CLARENCE KLUT'r4 M,&3-COLM B. BLANILEN513IP, .Jn. SALISk1UI37. NORTi1 CAH01111A. 1:814• n-1p17 (1017-1090) WILLIAM C. KLUTT2, JH. '. L-AtAIE:k1u112rawQsalisbu .net x �^Is 91-IU80r, llc. GL1`.NN S. txlY 1!S � (1Cf]D-1SJ t3I3) ,JA_.ins F. r3ANDOLPII ROMAN C. FIDL TELEPHONZ (704) C33(3-7100 FAC$IMILL (704) 036-2204 February, 11,.1998 Mr. Bert Meijboom Granite Quarries USA, Inc. Post Office Box 829 Granite Quarry, North Carolina 28072 Re: Kenneth Austin and the Deal's Property Controversy With The Rockwell Granite Coinparry's Operation . Dear Mr. Meijboom: As I set forth in my earlier letter to you, I represent Mr. Kenneth Austin and the Deal family with regard to their concerns with the Rockwell Granite Company's quarry operation (the "Facility") that is adjacent to their property . After a thorough review of the North Carolina Department of Environmental:.and Natural Resources ("DENR") file on tlxe Facility, my clients are extremely concei ned with the Facility's continued operation in addition to the Facility's effect on their health and property value.. It is readily apparent upon review of the DENR file that the Facility has continuously violated the terms and conditions of its mining permit and its National Pollution Discharge Elimination System ("NPDES") storm water permit. In addition, it is apparent that the Facility will not be in compliance with its permit conditions at any time in the reasonable future. The following is a list of all the permit conditions that we believe the Facility has violated in the past and will continue to violate in the fixture. 1. Mining Permit operating condition IA -turbidity requirement. North Carolina officials have repeatedly notified the Facility of violations of this requirement. Because you discharge onto my clients property, this violation amounts to a trespass and nuisance which has caused a decrease in the value of their property. It also is polluting their property and affecting their health'. 2. Mining Permit condition 3C-buffer zone requirements. The expansion of your operation is in violation of this condition: This amounts to a trespass and nuisance which has lead to a decrease in the value of their property. 3. Mining Permit operating condition 4A-silt basin requirements. North Carolina officials have repeatedly notified the Facility of violations of this requirement. KLu- ,'z, REI: -IER, 13LANEEI S.IP, HAYES & k XIDO .PH, L.L.F. Mr. Bert Meijboom Page Two February 11, 1998 4. Mining Permit operating condition IA -expired storm water discharge permit. t 5. Mining Permit operating condition 2A-air quality requirements. The Facility's failure to properly control its enlission.s amounts to a trespass and nuisance and has adverse health effects on my clients along with decreasing the value of and polluting their property. 6. Mining Permit operating condition 2B-dust control. The Facility's failure to properly control its dust emissions amounts to a trespass and nuisance and has adverse health effects on my clients along with decreasing the value of and polluting their property. 7. Mining Permit operating condition 5-ground water protection requirements including ground water monitoring wells and monitoring requirements for those wells. If the ground water has been affected this amounts to a trespass and nuisance and has adverse health effects on my clients along with decreasing the value of and polluting their property. 8. Mining Permit operating condition 8A-lack of regular seismograph readings. Violation of this requirement can have serious effects on the structural integrity of my clients' dwelling and their health. 9. Mining Permit operating condition 813-lack of regular air blast overpressure readings. DENR has repeatedly warned you about this requirement. Violation of this requirement can have serious effects on the structural integrity of my clients' dwelling and their health. 10. Mining Permit operation condition 8D-lack of records for each individual blast as required by this subsection. 11. NPDES Permit Part 1, Section Al. Do you have a best management plan and are you abiding by it? 12. NPDES Permit Part 1, Section A3. What practices are you employing to ensure pollutants from your equipinent are not entering into the surface water or the ground waters of the state. 13. NPDES - Permit Part 1, Section A5. Effluent limitations and monitoring requirements for mine dewatering'and/or overflow operations. Lack of monthly monitoring results for setteable solids, turbidity, total suspended solids and ph. In addition, you are also discharging floating solids and/or visible foam in greater than trace amounts onto my clients' property. Because the Facility's discharge flows on my clients' property, this is a trespass that has decreased the property value and has affected their health. KLUTT"L, REAMrs'1i, BLANHENSHIP, HAVES &Z RANDOLPH, L.L.P. Mr. Bert Meijboom Page Three February 11, 1998 15. NPDLS Permit fart 1, Section B. This section leas a whole page of moilitoring requirements that the Facility does not appelir to be meeting. All the above permit requirements are mandatory. The Facility does not have a choice whether it will comply with them or not. In addition, a good faith effort to comply is not sufficient. As you are no doubt aware, a violation of any of the above conditions can expose you to civil penalties of up to $25,000.00 per day per violation. In addition, your conduct as evidenced by the state's records clearly indicates, at a minimum, negligent conduct if not intentional violation of the permit conditions. In addition to the permit violations as outlined above, the Facility's activities and its violations of permits has seriously affected the market price of my clients' property. The noise vibration and. pollution �fronl the Facility, all in violation of its permit, have resulted in deterioration of my clients' health. Also, the noise pollution, air pollution and water pollution emitting from the Facility trespasses on my clients' property and is a nuisance to illy client's property. My clients' have hired the undersigned because they believe that their repeated efforts to ensure that the Facility complies with its mining and water duality permits have been to no avail. As you know, the Clean Water Act allows my clients to bring an action to enforce your permits in addition to any claims that they have for property damage, personal injury, trespass and nuisance. As 'set forth above, it is readily apparent to my clients that the Facility has no intention of complying with its permits at any time in the future. As such, my clients have authorized me to provide you thirty days to attempt to settle this controversy before we will institute all appropriate legal action. In addition, do not ear-fi a a wu~ it the next five days I will initiate the proceediugs to enforce your permit conditions under the Citizen Suit provisions of the Clean WaterAct. If you should have any other questions, please do not hesitate to contact -me. Sincere y youi f C. PibI RCPljis cc: Mr. Kenneth Austin GRANITE QUARRIES USA, 1 N C. P.O. Box 1030 3145 Tucker -Norcross Bd. Tucker, GA 30085-1030 Suite 201 USA Tucker, GA 30084-2125 DENR Water Quality Section Mooresville, NC Fax: 704 — 663 6040 (Original by mail) For attention: Mr. Rex Gleason April 23, 1998 Dear Mr. Gleason RE: TURBIDITY AT ROCKWELL GRANITE QUARRY TEL: 770. 939. 0165 FAx: 770. 621. 0020 http: //www.GraniteUSA.com N.C. 13wi'. op & NATULAI, APR 2 8 1998 DIt✓ M $f 5w!ikW-id'slt±w lilvt} VT LE Rc%��,rr, L Cfr� On April 161h, 1998 1 received the letter from your department regarding the turbidity tests carried out'at our quarry by Mr. Samar Bou-Ghazale on March 25, 1998. At your request I would like to explain the reasons why the turbidity levels of these tests were still higher than the compliance levels. The DENR visited the site in December 1997, and at their request we visited Rowan Granite to evaluate their solution for handling turbidity. We subsequently discussed several proposals for solving the turbidity problem. It became clear to us that to reduce the turbidity levels at Rockwell a longer settling time would be needed_ To achieve these lower levels the following steps should be taken: 1. increase our sediment basin capacity by making the existing ones larger and adding on more basins;" 2. convert the basins from a weir type into riser barrel ones thus providing more time for the sediment to settle out of the water; 3. test the use of flocculent in the basins. The pH levels need to be tested as initial concerns were that the pH level would be lowered or metals could be leaching out from the granite. In December 1997 we developed and initiated a plan to address the turbidity problem. Plans for larger basins were drafted and a rough mine plan was subsequently updated (copy attached). A contractor was engaged to start the construction of a small DENR approved basin (# 3, see map). ' This- basin was originally designed as a weir dam with filtration stone. However the basin had to be -redesigned a's a riser barrel'system because the `neighbor objected to a riprap channel and culvert across his property to the creek. The construction of the remainder of the sediment basins began in early January. We developed a double basin system whereby the dirtiest water (from quarries A and C) is pumped into an upper basin (# 5), then discharged into a secondary basin (# 4). This system would allow the water to stay on the property longer and produce the necessary time for the fine silt to settle. We initiated and completed several phases of construction for these basins. Unfortunately the completion of the basins was considerably delayed due to heavy rainfall during the first three months of the year. To date the situation is as follows: Silt basin # 4 is nearing completion. The dam walls are in place and have been seeded. The basin has a capacity of about 200 000 cu ft. The riser pipe will be installed once basin # 5 has been completed and quarry water can be diverted into basin # 5. 2. Silt basin # 5 is also a riser barrel -type basin and is presently under construction; one section of the wall has been completed and has been seeded. With a capacity of some 180 000 cu. ft., basin # 5 will act as an initial storage basin. 3. Silt basin # 2 will be the upper riser barrel storage basin in a similar double basin system. It provides settling time for the fine silt before the water flows into the lower basin # 3.The latter was completed and seeded in January. 4. Before the envisaged enlargement of basin # 2 starts, it will have to provide access to remove waste material that had been dumped too close to the boundary. However, attempts to dewater the basin have been hampered by rainfall. Once this has been completed and the waste has been removed, the diversion channel will be cleaned and blocked off. Presently this old channel allows surface water to flow from underneath the waste dump onto the adjacent property. 5. Following conversations with the Land Quality section tests are presently underway to test a new type of flocculent. At a small scale, this proved to be successful, and the Water Quality section has been asked to allow us to carry out tests at a larger scale in a basin. If successful this would enable us to decrease the turbidity of the water to a level below 50 NTU, and then pump the clear water out of the basin providing room for a next batch of turbid water from the quarry. To recapitulate the higher turbidity levels found by Mr. Bou-Ghazale were a reflection of the workings presently undertaken at the quarry. The first sample (78.5 NTU) was taken below the hole in the diversion channel next to basin # 2. The sample reflects surface water run-off from underneath the waste dump near Quarry C, as we have rerouted the dirtiest water from Quarry C to a temporary stone -lined storage area near Quarry A. Although this level is a significant drop from the DENR's readings in December, we recognize that it is still elevated and are currently working to reduce this level. Whilst the lower basin # 4 was under construction, water had to be diverted via a stone lined channel into the small rock dam # 6. This emergency dam was used to temporarily filter water leaving the property, so that silt basin #4 could be dewatered and reconstructed. Unfortunately, it was at the outflow of this dam during the diversion period where Mr. Bou-Ghazale took the sample with a reading of 465 NTU. Currently, we have routed the water back into basin #4, and only surface water is flowing to dam #6. Once all the construction has been completed and the basins are in place we are looking at the following scenario for the water management: Run-off water from the area around quarry C will be collected in channels and basins # 1, 2 and 3 (basin # 1 is an older basin situated above basin # 2). Water will settle in # 2 after which it will flow through a riser barrel into # 3. Water from # 3 will be allowed to flow out of the basin into a riprap channel at a 10 angle towards the property boundary. Water from the white quarries A and C will be pumped into silt basin # 5; water will settle in here before it will flow through a riser barrel into # 4. Further settling will be allowed here before it flows through a riser barrel into a rip rap channel towards the property boundary. If you have any questions regarding these management practices, do not hesitate to contact me. Yours sincerely Bert Meijboom Group Geologist 704 — 279 3114 704 — 279 8101 fax GRAMIT$ QUARRIES RSA, INC. Pa 3mr ra3D 3745 lkhm-Nora=n& =-770. 939. 07E5 Tud©, GA Mum iO3u sufto 201 =770. 92.. 008o I A T kw, GA 80034-ZIZS htb- //wwwTr-V4MAwmm DENR Water Qtral'rty samn McareAe, NC FAG 7D4 — 553 GM For afteMion: W. Samar Bou-Ghazale April 14, 1998 Dear Mr. Bou-GhmAe RE: TURB1D11Y TESTING AT ROCKINELL GRMr'rE QUARRY Thank you for your telephone call today. As 1 mentioned to you we are conduces srrk-≻We tests ourselves at the quarry_ We add 25 rN of Piaster of Paris to 5011 ml of sampled watar. On the bucket it states #0 It is a modlre of Calcium sulfate and calcium ca"nata (No ratios given). The originaI water sample taken had a turbW4 of 885 NIU and a pH of 7.2 Ater 50 minutes the Wrtm4 was 87-8 NTU and the pN had increased sfrgtiiiy to 7.4_ After 120 mine -as the turbidity was 40 NTU and the pH was sm 7A. After 180 minules the turhkft was 31-2 MU and the pH was shill 7.4. The results are quite arnaiing; the sarnple was not stirred this time when the powdeerwas added. Frortl results Iasi week It appeared M stirring would speed up the process. This short note is just for your info at the present time. I hope lhetwe hear from you soon i�o we MH be able to conducitests on a larger scale- 1 will be at our 1llrginla quarries Wertnday and tomorrow Wednesday- You can fmc your reply to us. Yours sincerely Bert Magboom Group Geologhil 704 — 279 3114 704 — 279 8101 fax TOO in ADoiosD Tiamou TOTS OLZ tOLZZ CT - &T WtT/TO PRAWITE DUARRIES ± P.Q. Hint 1Q30 •� :f UFA IAN6iQuality Se%#iOr! r'. Fi6c 704 p-�4 W3 6040" t elterrtio,ti Mr: BBinarBt7u-G"' iazaie- a 14 5 T=km-K mrms9 &L =770. 9E 01$5 Dam 2w FLr77[L s2L nQ20 i�rket, BA 3M94-2125 3d%rr/jwws r= Coar Mr. Bni�-C�F�azale . - . ICE; A lURBIW YAT Rgci V EIL GRANITE QUARRY TW41 have spoken to Bryan Maora of the Land Quaf�y sealon at i]F�1R oft9te in Moa viNa He hid sltsiridid a co j crence Wk, eaak durtng "Ih ii water quaFriji was �cus�sed A new M—'id tl to i�ontml 1 i uce iivatarturbldPty Visas put fniward; if mearit the We' 6f Calciutrt �tlif8t8 (Gym) as 9 m to loMrertire (Gypsum) #urbl iy: t s Ai th;s a— k6rdlji had bi6n Used e166wh4e 1 would iW try of tairr approval front your,- o#Hce f 4ry thls aut at iiUr basis a for a' p�iiti is giyasi atate� #teati4re wppunt r�gi�i,ud amrwnii tC il5 itas ' pef '! �l]`cii ft bufihe iiglit amount here would have to l;e tested. The PH could a'ia'n$e fl+om t3d7 to 8. (oUr pl-t mists Ut 8.gj: Please give me your cdmmi fb oii 015 and let mb kiow whether we will be showed to iam this fo'r a whila; - h vu€II tie atour l/lrglnia quashes for Hie rest of tuts week) 'Yourssiricorely ` Bert Merjboom Group Geologk t 704 — 279 3114 704-2798101 fax 6,q'A $Drd A'iG TOO1Z 3001030 Tia"Dod TOT9 G9 tOLa OZ:60 961LO/V0 Z 287 392 386 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse sentto Kockwell GRanite Go Albert Meijboorn Street&Number PO BOX 829 Post office State, & ZIP Code Granite Quarry NC 28072 Postage $ Certified Fee Speaal Delivery Fee Restricted Delivery Fee az Return Receipt Shw Mg to Whom & Date Delivered Retum Receipt Showing to Wham, Date, & Addressees Address QTOTAL Postage & Fees $ Postmark or Date € • o U- a NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE: REGIONAL OFFICE DIVISION OF WATER QUALITY March 26, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Rockwell -Granite Company Mr. Albert F. Meijboom P.O. Box 829 Granite Quarry, N.C. 28072 Subject: Notice ofRecomEnendation For Enforcement NCGS 143-215.1- Control of Source of water Pollution Permit Condition - Failure to Meet turbidity Limits Rockwell Granite Quarry COC NCG020136 Rowan County, N.C. Dear Mr. Meijboom: Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water and air resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On March 25, 1998, Mr. Samar Bou-Ghazale of this Office conducted an investigation at the subject facility. Effluent tests for turbidity below the two settling ponds were conducted. The results were 78.5 NTU and 465 NTU. Both results reflect violations of the permit limitation for turbidity, which is 50 NTU. Also, a Notice of violation was issued to Rockwell Granite Quarry on January 5, 1998 for exceeding the turbidity Limits at the above mentioned locations"b6`1ow the two settling ponds. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROF-FNA 281 15 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. Albert F. Meijboom March 26, 1998 Page 2 It is also our understanding that the Division of Land Resources (MRO) found Rockwell Granite Quarry in violation of required best management practices. Pursuant to NCGS 143-215.6A, penalties of up to $10,000.00 per day per violation may be assessed against any person who violates any classification, standard, limitation or management practice established pursuant to NCGS 143-214.1, 143-214.2, or 143-215, or who violates or fails to act in accordance with the terms, conditions, or requirements of any permit required by NCGS 143-215.1. If you have an explanation for these violations that you wish to present, please respond in writing to the Mooresville Regional Office within (10) days after receipt of this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate your explanation will be forwarded to the Director with the enforcement package for his consideration. Please address your response to Mr. D. Rex Gleason, Water Quality Regional Supervisor, at the address shown below. If you have any questions concerning this matter, please do not hesitate to,contact Mr. Gleason or me at (704) 663-1699, or at the address shown on the letterhead. Sincerr}ely, / Barbara S. Christian, P.G. Acting Regional Supervisor cc: Rowan County Health Department SBG r m SENDER., V ■Complete Items 1 araor 2 for additional services. I also wish to receive the ra ■Compute items 3, 4a, and 4b. following services (for an 0 'sad your name and address on the reverse of this form so that we can return this extra fee): m ■Attach this [orm to the from cl the mailpiaCe, or on the hack if spats dose not 1. ❑ Addressee's Address Permit. ■write'Rerum Recept Requested' an the mailpiece below the article number. 2. ❑ Restricted Delivery a rn ' ■The Retum Receipt will show to whom the adide was delivered and the date delivered. Consult postmaster for fee. A c 3. Article Addressed to: 4a. Article Number m m a+ a Rockwell Granite Co. Z 287 392 386 3 27 98 � = c Mr Albert Meijboom 4b. Service Type m a PO Box 829 ❑Registered Certifiedcri i Granite Quarry NC 28072 ❑ Express Mail ❑ Insured S i = ❑ Retum Receipt for Merchandise ❑ COD c 7. DateVivery — a°. t 5. Received By: (Print Name) S. Addressee's Address jOnly if requested c 1 and fee is paid) t I 6. Signature: (Addressee or Agent) ~ }°, X PS Form 3811, December 1994 102595-97-8-0179 Domestic Return Receipt NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 8, 1998 Dr. Bert F. Meijboom Rockwell Granite Company P.O. Box 829 Granite Quarry, N.C. 28072 Subject:Complaint Investigation Rockwell Granite Company Rowan County, N.C. Dear Dr. Maijboom: Enclosed please find a copy of the Complaint Investigation Report for the investigation conducted on January 30, 1998 by Mr. Samar Bou-Ghazale of this office:. This office will adhere to the deadline that will be set by'the Land Quality Section since the construction of a riser basin will require Land Quality Section approval. If you should have any questions concerning this matter or require additional, information, please do not hesitate to contact Mr. Bou-Ghazale or me. ,achment 7 Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Rowan County Health Department 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 919 NORTH MAIN STREET MOORESVILLE, NORTH CAROLINA 28115 REPORT OF: Complaint Investigation DATE OF INVESTIGATION: January 30, 1998 INVESTIGATED BY: Samar Bou-Ghazale SCE TIME SPENT: 4 hours PLACE VISITED: Rockwell Granite Company PHYSICAL LOCATION: Rowan County MAILING ADDRESS: P.O. Box 829 Granite Quarry, N.C. 28072 TELEPHONE #: RIVER BASIN: Yadkin -Pee Dee River Basin PERSONS CONTACTED: Dr. Bert Maijboom REASON FOR VISIT: Turbidity Complaint. COPIES TO: Rowan County Health Department REPORT: Mooresville Regional Office Staff conducted a follow up investigation at Rockwell Granite Company on January 30, 1998. During the investigation it was noted that a new sediment basin had been constructed below the haul road. Also, pit dewatering was being pumped into an old pit. The proposed riser basin below the old pit has not been constructed as of this date. The discharge form the larger sediment basin was noted to be cloudy and probably above the maximum allowed turbidity of 50 NTU. ,\K/1 LUTTZ, REAMER, BLANKENSHIP, HAYEs & RANDOLPH, L.L.P. ATTORNEYS AND COUNSELORS AT LAW 101 NORTH MAIN STREET RICHAgD R. REAMER P.O. DRAWER 1617 Wm. CLARENCE KLIUTT'Z MALCOLM B. BLANHENsHIP. JR. SALISBURY, NORTH CAROLINA 26145-1617 (1817-199(3) WILLIAM C. KLUTTZ. JR. LEWIs P. HAMLIN, JR. GLENN S. HAYES E-MAIL: kluttzlawasalisbury.net (101e-1e88) JAMEs F. RANDOLPH ROMAN C. PIHL TELEPHONE (704) 636-7100 FACSIMILE (704) (336-2284 January 23, 1998 ,,, f�•�t� 1 f JAN 2 61998 Mr. D. Rex Gleason M1VaV1 CF E;:,;...._._...._ ........«:�� State of North Carolina, Department of Environment and Natural Resources Mooresville Regional Office 919 North Main Street Mooresville, North Carolina 28115 Mr. Charles H. Gardner State of N. C., Dept. of Environment and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Re: Kenneth Austin and The Deal's Property Controversy With The Rockwell Granite Company's Operation Dear Mr. Gleason and Mr. Gardner: The undersigned has been retained by Mr. Ken Austin and his family to represent their interest with regard to claims and controversies with the Rockwell Granite Company and their quarry operation that adjoins Mr. Austin and the Deal family's property. Even a brief review of the file indicates repeated violations of both their mining permit and their NPDES permit. It is quite obvious that the quarry has constantly disregarded your notices of violation and will continue to disregard its permit conditions in the future. At this point in time the quarry is building an earthen dam for a new sediment pond within the required fifty foot non -disturbed buffer along the Deal family's property line. This is a clear violation of their. permits. Mr. Austin'; has repeatedly complained to you about this operation to no real avail. My clients demand the State undertake an enforcement action to penalize for its consistent KLUTTZ, REAMER, BLANKENSHIP, HAYES & RANDOLPH, L.L.P. Mr. D. Rex Gleason Mr. Charles H. Gardner and repeated violations of both its mining permit and its NPDES permit and to bring some action to force the company to fulfill its requirements, if not, to close down the operation. If you should have any other questions, please do not hesitate to contact me. Sincerely yonrs Roman C. Pibl RCP/jis cc: Mr. Kenneth Austin KLUTTZ, REAMER, BLANKENSHIP, HAYES & RANDOLPH, L.L.P. ATTORNEYS AND G01UNSELOH5 AT LAW 131 NORTH MAIN STREET RIGHARD R. REAMER P.O. DRAWER 1817 Wm. (;LARENCE KLUTTZ MALCOLM B. BLANKENSHIP, JR. SALISBURY, NORTH CiAROLINA 28145-1617 (1917-1999) WIL-LIAM G. KLUTTZ. ,JR, LEW1S P. HAMLIN,.JR. GLENN S. HAYES E-MAIL: kluCtzlawasallsbply,ReC 0919-19 BB) aJAMES F. RANDOLPH - ROMAN G. PIRL TELEPHONE (704) 838-7100 January 23, 1998 FACSIMILE (704) 030-2284 BY REGULAR MAIL AND FACSIMILE t7091279-0600 Mr. Bert Meijboom ' .11 Granite Quarries USA, Inc.LT. Rockwell Granite Company Post Office Box 829 JAN 2 61998 Granite Quarry, North Carolina 28072 Re: Access To The Deal Family Property Cyr CDear Mr. Meijboom: As we discussed on the phone, the undersigned has been retained by Mr. Ken Austin and his family to represent his and the Deal family's interest in their dealings with the Kn� Rockwell Granite Company. Please direct all correspondence through the undersigned from j� )} now on. My clients have authorized me to inform you that the quarry and/or any of its representatives do not have permission to undertake any activities on my clients' property. From a review of the North Carolina Department of Environment and Natural Resources LF file, it is obvious that your company has repeatedly violated and will continue to violate almost all of the permit conditions contained within its mining permit and within its NPDES permit. In particular, my clients have expressed concern with regard to run-off coming from yyour quarry onto their property, the noise problem and your construction of an earth dam in the buffer zone required by your permit. After a thorough review of the State file, we will send you a more detailed letter setting forth our concerns and position with regard to your operation. If you should have any other questions, please do not hesitate to contact me. Sincerely yours, Roman C. Pibl RCP/jis cc: Mr. Ken Austin Mr. D. Rex Gleason Mr. Tracey E. Davis Mr. G. Douglas Miller Mr. Charles H. Gardner GRANITE OUARRIES USA" I N C. P.O. Rox 1030 Tucker, GA 30085-1030 USA GENERAL PERMIT RENEWAL NC DEHNR DIVISION OF WATER QUALITY / WQ SECTION STORMWATER GROUP PO BOX 29535 RALEIGH, NC 27626 August 20", 1997 Sir 3145 Tucker -Norcross Rd. TEL: 770, 939. 01 G5 Suite 201 eAx:770. 621. 0020 Tucker, GA 30084-2125 http: //www,GranitoUSA.curn RE: GENERAL PERMIT RENEWAL: ROCKWELL GRANITE CO. (Permit NCG 02.0136) (Rowan Co.) I have just received correspondence from the Division of Land Resources in Raleigh issuing us with a modified mining permit (80 - 25) which now includes the quarry area previously quarried by White Camellia. Therefore this letter serves to update your Division with the new permit situation. Rockwell Granite Co. as such has already renewed the Stormwater Discharge Permit and I assume that the general NPDES permit automatically covers the extended area. Ygit#� sM arely tt ' Dr. Bert Meijboom Pr Sci Nat Group Geologist M GRANITE QUARRIES USA, I N C . P.O. Box 1030 3145 Tucker -Norcross Rd.. TEL:770. 839. 0165 Tucker, GA 30065-1030 Suite 201 FAx:770. G21. 11020 USA Tucker, GA 30084-2125 hup: //www.GranileUSA.com GENERAL PERMIT RENEWAL NC DEHNR DIVISION OF WATER QUALITY / WO SECTION STORMWATER GROUP PO BOX 29535 RALEIGH, NC 27626 July 30, 1997 Sir RE: GENERAL PERMIT RENEWAL: ROCKWELL GRANITE CO. (Permit NCG-020136) Please find enclosed the permit renewal information pertaining to the granite quarry mentioned above together with the application processing fee of $ 400. Rockwell Granite Co. is fully owned by Granite Quarries USA which is based in Tucker GA. Yours sincerely Dr. Bert Meijboom Pr Sci Nat Group Geologist -t s;is. •' v.*yY' n.. - �.;,.44yaY'"r �*.r j• �; � � xw ROCKWELL GRANITE COMPANY 4-94 P. O BOX 1030' —=46G2?" `! TUCKER, GA 30085 :DATE ''�Uly_ 25.;,1 PAY TO THE ORDER OF Q�l�M.a"� NC R oaf, .w 0714 .�' yTH ITS Central Carolina Bank and Trust Company 620 CC�/R r Jt ok 3+w'�-r Salksbwy, North Carolina 28144 K.- +';Storm Watt=r Perrnit rr=oA JUL-24-1ys7 14:30 FROM DEM WATER QUALITY SECTION TO INVOICE 87042793114 P-02/02 July 24,1997 INVOICE AND PERMIT RENEWAL NPDES Stormwater Permit ROCKWELL GRANITE CO. Permit NCGO20136 Application Processing fee (payable to NCDEHNR).................... $ 400.00 PERMIT RENEWAL INFORMATION The following is information currently in our database for your facility. Please review this information carefully and make sure that all necessary corrections are made in the space provided to the right of the current information. ❑ No Revisions Required 0 Revisions Required Facility Name: , ROCKWELL GRANITE CO. Mailing Address: P. O. BOX 1129 TUCKER, GA 30085 Facility Location: NCSR 2623 SUPINGS MILL, NC 30085 Facility Contact: ALBER OM EarnkaroLL RA. er,E Nle11boorA, Phone Number: Fax Number: 770 (404) 939-9834 04 2 8 10 I j� C,rkk) '2 19 31 r 4 E-mail Address: CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. o I M Date �Iber�- F. Meijboamrpud eD1e9,`.it� Print or Type name of person signing above Title r Please return this completed permit renewal form, $400.00 application processing fee and any relevant documentation to: General Permit Renewal Division of Water Quality 1 WQ Section Stormwater Group Post Office Box 29535 Raleigh, North Carolina 27626-0535 TOTAL P.02 S State of North Carolina Department of Environment, Health and Natural Resources 'i E Division of Environmental Management James B. Hunt, Jr., Governor N C. Dr•P-r.fOF Jonathan B. Howes, Secretary+�;avt2oNR+t;r.rT ,y S NATtSitXL A. Preston Howard, Jr., P.E., Dire c�`ar DEC 17 1993 D�pember ,� �F11C� Albert Mayboom P O Box 1129 Tucker, GA 30085 Subject: General Permit No. NCG020000 Rockwell Granite Company COC NCG020136 Rowan County Dear Mr. Mayboom: In accordance with your application for discharge permit received on October 20, 1993, 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 December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be. final and binding. PIease take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Divsion of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management 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 Ms. Susan Robson at telephone number 919/733-5083. Sincerely, original Signed By Coleen H. Sullins A. Preston Howard, Jr., P. E. cc: Fran McPherson CMoo—re sville`.Regional- —Of fice P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 9 i 9433-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper .,� s. i � ':!;-i ;i�; :,' � . '. i STATE OF NORTH CAROLINA �� .,,, DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURALj�s&5t M DMSION OF ENVIRONMENTAL GENERAL PERMIT NO, NCG020000 DEC 17 1993 CERTIFICATE OF COVERAGE ISo. NCG0201ZO S'PORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM?4U `"'1tLE L-'wML GgE PROCESS WATER RECYCLE SYSTEMS DISCHARGES 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, Rockwell Granite Company is hereby authorized to construct and operate a settling pond and discharge mine dewatering wastewater and treated stormwater from a facility located at NCSR 2623 near Shupings Mill Rowan County to receiving waters designated as an unnamed tributary to Second Creek in the Yadkin/Pee-Dee River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, I1I and IV of General Permit No. NCGO20000 as attached. This certificate of coverage shall become effective December 16, 1993 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 16, 1993 Original Signed By Goleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission I ' .,,,Qua rdes _%�.�\l � fL� O/ j ,L -�' �Jr/ �� � � � ✓ �• •' �" %n , � - • �� �� uarr s� f� � `. , `� -� /�� ill,- � r �G �— �� �r':' ii �°' � 1 PARK _ '• / \ W/(�54 �A" /7� `/ may; - % �, `J \� .I�� �' soo ^� �- �'{.i 1 7so1 All it IV \r 5ei' �-' ! / • . t 1`` �'�;�` 255k' �� i Jl \ , ir2— J �� • �r; a N f ti � `� �` �\,Y = �� /71 l �1 V • -,` is :.. Jam•.. s �" n�. �j-��1--II��S� �1�1;;M1" \`��� - \ y,''''�` �ti• a 80 �• ShU Pin gg Mi • •!�. ; �' ' Q: !_ �f� ���� .- -� '' U 1 �}� .�._ �� 4U r Ir " O•• l � / � !`, h '�',•'li oii11�',�.� "' aV :ram', - •% c_ ` `'fin'. , �i. •774, ! a �• ml,,��} ij. `- C>Z�ap f,• 96 _ u � •^� ° If- `'ii • �` � _ 11 p. �, �' -� ttt \ j i�P[ �� �'' r I / �4./ �\\J `l �+•�__� J .� l51 ■ . �' "� M1 ' , II = J L f % , /, °' VY ;� _ j /r'l /I � iv � ; i3 � ,=c=" i •� / �J',✓ _ .� �--1� "-,i,�r o r / � � < .IL/-L� / %� � �j?. '� 1�--"/�/�f/jam./��J� f �',l �r�����',•.•v � � � } l\\FF !�i'` - l � `� .1 �I �l ''y ( ! •1� 1 � _� ` -o ;-- _ a._ /HS \�, .(.. ` � � I� !>Brown' i i `•_ �'� r�r'i' . ;tl.-)1 / i ! t n` ,Quarry - I\ [i C56-) �- m- _° "ri140. - " 1 �-�•"�,�/�� -. � - �! 1 ' , - \ (' I � � �� `,'—� t/'� �,'\�- - , � � r�' U '\ l ' � / / '�� I" ii I �'' f I � V QQ,Z o' `` _ >�� .- \ ti`\l -Kv .ia J Ar'+c Qua ry; �� ��'. . E, / Y� 1 ;Jy.''•� r ,; r i_,�:: ��\ � ,, ._�\y !I• .l `1 ' � I -�'• � _ ?-%'`..�%'.� �' Ir `v -'t 5'�� t1 !' `1\' `��I \r%// �JO ���' �i ,i� - IS f' ,..'�s �.l �1r� �� - _ ���c6 �� / �•i. - ��, ' ��n r- G"tl�, �_��.. �.J �ff Ij �`y� �/_ �. )�' ll ; O (• ` 1 i` � s — � � fie — � o o � ` ���`--�, r�; •� `/ �Y ,' J: C 86, "y t — D \� ✓� i + /fir .-. `' r i �` �• cj ow �'•�`�_`� l � • �r� . f `� � � } ,�; % =mow � I � i '�' \ � "I lj. l� f�.���. , j l 1 I �i ' 774' of 4 ' - .�-° ROE ti 7-1 Pb �\j �� %��__- /=>�a,`/ ��• ( a �ti gr SOC Priority Project: Yes No k: if Yes, SOC No.: To: Permits and EngineerinG Unit. Wager Quality Sect_ i ott Attention: Susan Wilson Date: November 24, 1993 NPDFS STAFF REPORT AND RECOMMENDATION County: Rowan Permit No. NC0083 4,' PART I — GENERAL INFORMATION 1. FaclJity and address: Roch ell Granite Company lost Office Box 1129 Tacker, Georgia 30085 Date of Investigation: Novemher 24, 1993 3. Report Prepared by: Kim A. Colson, Environmental Enginoer 1 4, Persons Contacted and Telephone Number: `/A 5. Directions to Site: From the intersection of NC flw 152 and SR 2623 (Earnhardt Road) travel south on SR 2623 a pr"ximstply 0.5 mile. The quarry will he on the. left (east) side of the road . b. Discharge Point(s). List for all discharge points: 001: LaIitude: 350 32 28" Long,V"do 80 28 18" 002: Lat.it:ude: 35G 32 23" Longitude: SOO 27 56" Attach a �;SGS map extract and indicate treatment facili ny site and discharge point on map. U.S.G.S. Quad No.: E17SW L.S.G.S. Quad Name: Rockwell, NC 7. Site size and expansion area cor.si.5ivt]t with application? Yes . 8. Topography (relationship to flood plains included): '`_oderate sloping: the WWT f.acAites A1.1 not he located with in the 100 year flood plain. Page Two 9. Location of nearest dwelling: :one within 500 feet. 10. Receivin; stream or affected surface wM-,?rs: UT to Second Creel: a. Classification: C b. River. Basin and Subbasin No.: Yadhin - Pee Dee 03070i c Describe receiving, streak', features a n d pertinent downstream uses: Small wet.weather ditches: geners! "C'' classification uses downstream. PART 11 - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS I a Volume of wastewater to be permAted: Depen6ent on rninfolJ and groundwater. b Current permitted capacity of the wastewater treatment facility: N/A C. Actual treatment capacity of the currelt facility (current' desiSn capacity): N/A d. Date(s) and construction activities allowed by prwvinu:; Authorizations to Cnnqtrucn i ssued A the previous two years : N I/ _ 0 P 1 ease prov! de a dearr i pt ion of PA st ing or subs Lanti a j 1 y constructed wastewater treatment facilitips: NIA I f PI ease provide a description of proposed wastewater treatment facilities: WWT facilities will consist cl a settling pond. Possible toxic impacts to qurface Waters: VA Pretreatment Program (POTWS only): N/A 0. Residuals handling and utiliratinn/dispo5al scheme: a. Tf residuals are being land applied. please specify D01 Permit No.: N/A Residuals Contractor: N/A Telephone No.: N,Q b. Residuals stabilization: PSRP PFRP Other C. Landfill: Nl� d Other disposallutilization scheme (Specify): Tai I inas; wil1 he stored onsite. 3. Treatment plant classification (attach completed rating sheet): No rating r Page Three 4. SIC Code(s): 1411 Wastewater Code(s) Primary: 42 Secondary: 41. Main Treatment, Unit Code: 50000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any puhiic monies involved (municipals only)9 N/A ?. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or. Compliance Schedule dates (Please indicate): N/A A. Alternative _analysis Evaluation: Spray- Irrigation: N/A Connection to Regional Sewer System: NII/A Subsurface: N/A Other disposal options: N/A 5. Air quality and/or groundwater concerns or hazardous materials utilized at this facility that may impact water quality. air quality-, or groundwater: Thera are no known ai:: quali.ty groundwater, or hazardous materials concerns. 6. Other Special Items: N/A PART TV — EVALUATION AND RECOMMENDATIONS The applicant, Rockwell Granite Company-, has applied for an NPDES permit to discharge pit dewatering and process water- from a dimension stone quarry. The process water wi11 include stc:n washwater and water used for dust: control during stone c:uttin,. It is recommended that the permi-t be issued as requested. ��- — �Z- a —' Signature of report preparer Water Quality regional Supervisor Date ?'°1 X*'= \ - �•� 1fr�-7 rr5+ _. .�•� /�_'14�_.-J oVC//J� 1x� �" Quar+y0 Q arrles �✓ \� ' \��� 11 a /GG� ;���\� n b' } �� i•' '� �ualrlfS �Quarr 3 ��IF I 850 -'� � //j /,�.� •�`'�-s� �. 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(� :II lilt Per'., �v-, ` _ � i-- � \ ! _1 V'� ^`�\ �� � U Brow � ° I I J 1 •' �/~ ��+ ���'�/ / �� •� � ; • � 0U 11 �� • Quarry = Col., ' - : r' i-'- \ �Q i i I { �'��� ��. }'- •.8 iJ �.�-,r •�;' • '1 \1` , Quarry - 1 -J �. �\��.✓ I I , t l�1`� I �p � / � ^ �\v J� n r I I ��}�, ,'�� .�r� :'- - �' �\ `� ;'„ 4uar, . ��\ay } 1,=/1 � } I\ '•'• �'• C]Oj7, � = � ` a �\ 1406 .� I i !/ ' c �` ,� t � �. qua rl ���. ._�`�• L__J� -� -- 1 i !ti 'S� :r � /� I ,��_l.� , •° • _ ��;` ' '% �� li {. ` ti �' ` � - \', /---; �• L ii I1 \ � f 4� ! r �J I I �1 �\�1�� ;.I% ''� )'{ _ } u 1. '->✓�., - 1. �`--ti^ I •� r i / _��. Yj56 �i /4'�"! r �; �_�;� I !rt , f � �ti� {1 : ! C y - ' r1, I'� _ �O }r ti O t- ' y• ,� Q l•�� ��u ` /J� `_'r.: `O`.aD�/� ,1�--11�� -�, ''�1 =_ r'J"� � ;�/� .1 •mot'; � � '_�` ����3 l�•c �--��`� Oa� " ��--,': 1 i?. k}, JN _ `._ Iro rf ✓� �.DO �'�•1��/ y�/�I���-•~I� �} J`h`. ��-� _+t'`U� t„ i��j i ���^..;f` __ - _ -/\�%% �i� �� p0 � \ `•• J r° y.gEA 7 '•_ 77c., � i P \\`l ` r / /% 78 Sp, V+ ! i •. - 1�' 1'j �/ '\ 3Qc'�,J.1 ����-� / �� --. a � ��'. � _° �' ' � '' 1'�-'�� � � � /�� `9M fir•• I{.r ITEM (1) (2) (3) RATING SCALE FOR CLASSIFICATION OF FACILITIES Name of Plant: Owner or Contact Person: ALa m n1s�-xtao un. Mailing Address:_ Pcpi3.-xLLti County: Rowar1 Telephone: NPDES Permit No. NCOOX JIRI-4L4 Nondisc. Per. No. _ IssueDate: 'Expiration Date: Existing Facility New Facility ✓ Rated By: /7-IZJ Date: Il 1'A f-ri3 Reviewed (Train. & Cert.) " Reg. Office Reviewed (Train. & Cert.) Central Office ORC Plant Class: (circle one) POINTS Industrial Pretreatment Units and/or Industrial Pretreatment Program (see definition No. 33) 4 DESIGN FLOW OF PLANT INGPD (not applicable to non -contaminated cooling waters, sludge handling facilities for water purification plants, totally closed cycle systems (clef. No. 11), and facilities consisting only of Item (4) (d) or Items (4) (d) and (11) (d)) 0 20,000.......................... 1 20,001 -- 50.000.......................... 2 50,001 -- 100.000.......................... 3 100,001 — 250.000.......................... 4 250,001 — 500,000.......................... 5 500,001--1,000,000.......................... 8 1,000,001 -- 2,000.000 ........................ 10 2.000,001 (and up) - rate 1 point additional for each 200,000 gpd capacity up to a maximum of 30 Design Flow (gpd) : PRELIMINARY UNITS (see definition no. 32) (a) Bar Screens ................................ 1 r (b) Mechanical Screens, Static Screens or Comminuting Devices ........... ............. 2 (c) Grit Removal ............................... 1 or (d) Mechan'itcal or Aerated Grit Removal ........... 2 (e) Flow Measuring Device ....................... 1 or (f) Instrumented Flow Measurement .............. 2 (g) Preaeration................................ 2 (h) Influent Row -Equalization ................... 2 (i) Grease or Oil Separators - Gravity .......... 2 Mechanical .......... 3 Dissolved Air Flotation. 8 6) Prechlorination .............................. 5 (4) PRIMARY TREATMENT UNITS (a) Septic Tank (see definition no. 43) .............. (b) Imhoff Tank .................................. (c) Primary Clarifiers .. .. ......... . (d) Settling Ponds or Settling Tanks for Inorganic Nontoxic Materials (sludge handling facilities for water purification plants, sand, gravel, slope, and other mining operations except recrealional activities such as gem or gold mining) ..................................... 2 5 5 D Grade ll 111 IV Total Points (5) SECONDARY TREATMENT UNITS (a) Carbonaceous Stage (i)Aeration . High Purity Oxygen System ..... 20 Diffused Air System ........... 10 Mechanical Air System (fixed, floating or rotor) .............. 8 Separate Sludge Reaeration ..... 3 (if) Trickling Filter High Rate ................... 7 Slandard Rate ............... 5 Packed Tower ............... 5 (iii) Biological Aerated Filler or Aerated Biological Filler ...................... 10 (iv) Aerated Lagoons ..................... . 10 (v) Rotating Biological Contactors .......... 10 (vi) Sand Filters- inlernittenl biological .... . recirculating biological .... . (vii) Stabilization Lagoons ................... (viii)Clarifier ............ I ................. (ix) Single stage system for combined carbonaceous removal of SOD and nitrogenous removal by nitrification (see del. No. 12) (Points for this item have to be in addition to items (5) (a) (i) through (5) (a) (vi�i) ................. (x) Nutrient additions to enhance BOD femoval............................... (xi) Biological Culture ('Super Bugs') addition to enhance organic compound removal ..... (b) Nitrogenous Stage (i) Aeration - High Purity Oxygen System .... . Diffused Air System ........... Mechanical Air System (fixed. floating, orTotor) ...... ...... Separate Sludge Reaeration .... . (ii) Trickling Filler - High Rate . Standard Rate ............ Packed Tower., ......... (iii) Biological Aerated Filter or Aerated Biological Filler ......................... (iv) Rotating Biological Contactors ............ (v) Sand Filter - intermittent biological ........ recirculating biological ........ (v i) Ciarilier................................ 2 3 5 8 5 5 20 10 a 3 7 5 .5 10 10 2 3 5 (6) TERTIARY OR ADVANCED TREATMENT'UNIT (10) CHEMICAL ADDITION SYSTEM (S) {See definition No. 9) a) Activated Carbons Beds - ( d (not applicable to chemical additions rated as item without carbon regeneration .................. 5 (3) 6), (5) (a) (xi). (6) (a). (6) (b). (7) (b). (7) (e), with carbon regeneration ............... . . .. 15 (9) (a), (9) (b), or (9) (c) 5 points each: List: (b) powdered or Granular Activated Carbon Feed : 5 without carbon regeneration ................. 5 5 with carbon regeneration .... ...... ...... is 5 (c) Air Stripping ......................: .... 5 5 (d) Denit6ficalion Process (separate process) . - ... 10 (e) Electrodialysis ............................. 5 (11) MISCELLANEOUS UNITS (I) Foam Separation ............................. 5 (a) Holding Ponds, Holding Tanks or Settling Ponds (g) ton Exchange .............................. . . 5 for Organic or Toxic Materials including wastes (h) Land Application of Treated Effluent from mining operations containing nitrogen and/or (see definition no. 22b) (not applicable for phosphorous compounds in amounts significantly sand, gravel, stone and other similar mining greater than is common for domestic wastewater 4 operations) (b) Effluent Flow Equalization (not applicable 10 storage (i) on agricWturally managed sites (See def. basins which are inherent in land application systems). 2 No. 4) ..... • . ............................ 10 (c) Stage Discharge (not applicable to storage basins (ii) by high rate infiltration on non-agriculturatly inherent in land application systems..._ .................................. 5 managed sites (includes rosary distributors (d) Pumps.__-__._... 3 and similar fired nozzle systems) ........... 4 (e) Stand -By Power Supply.. 3 (iii) by subsurface disposal ('includes low pressure (1) Thermal Pollution Control Device ..................... 3 pipe systems and gravity systems except at plants consisting of septic tank and nitrifica- Z' tion lines only) ............................ 4 TOTAL POINTS (i) Nticroscreens .......-..- ....................... 5 (j) Phosphorus RemoialbyBiological Processes CLASSIFICATION (See del. No. 26) ............................ 20 (k) Polishing Ponds - without aeration ....... 2 Class I... 5 - 25 Points with aeration .......... 5 Class 26- 50 Points (I) Post Aeration - cascade .............. 0 Class 51- 65 Points diffused or mechanical , . , 5 Class 66- Up Points (m) Reverse Osmosis ........:...................... 5 (n) Sand or Mixed -Media Filters -low rate ........... 2 Facilities having a rating of one through four points, inclusive, high rate ...... , . _ . 5 do not require a certified operator. Classification of all other (a) Treatment processes for removal of metal or facilities requires a comparable grade operator In responsible cyanide ................ . ................... 15 charge. (p) Treatment processes for removal of toxic materials other than metal or cyanide ......... 1 5 Facilities having an activated sludge process will be assigned a minimum classification of Class It. SLUDGE TREATMENT Facilities having treatment processes for the removal of metal (a) Sludge Digestion Tank - Heated ............. . . 10 or cyanide will be assigned a minimum classification of Class It. Aerobic ............... 5 1 Unhealed .......... . .. 3 Facilities having treatment processes for the biological removal (b) Sludge Stabilization (chemical or thermal) ....... 5 of phosphorus will be assigned a minimum classification of Class (c) Sludge Drying Beds - Gravity ......... .. ..... 2 I1 I , Vacuum Assisted ...... 5 (d) Sludge Efulrialion ......:...................... 5 In-planl processes and related control equipment which are an (e) Sludge Conditioner (chemical or thermal) ........ 5 integral part of industrial production shall not be considered waste (1) Sludge Thickener (gravity) ...................... 5 treatment. Likewise, discharges of wastewater from residences (g) Dissolved Air Flotation Unit having a design flow of 1,000 gpd or less, shall not be subject to (not applicable to a unit rates as (3) n ......... 8 rating- (h) Sludge Gas Utilization (including gas storage) .... 2 (i) Sludge Holding Tank - Aerated ................ 5 ADDITIONAL COMMENTS: Non -aerated ... _ .. ..... 2 ()) Sludge Incinerator - (not including activated carbon regeneration) ..... 10 (k) Vacuum Filter, Centrifuge or Filter Press or other similar dewalering devices .................... 10 (8) SLUDGE DISPOSAL (including incinerated ash) (a) Lagoons ......... ................... .......... 2 (b) Land Application (surface and subsurface) (see definition 222) -v.here the facility holds the land app. permit ... 10 -by conlracling to a land application operator who holds the land application permit ................ 2 -land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated ......... 10 (c) Landfilled (buriafj ............................ 5 (9) DISINFECTION (a) Chlorination ............................. 5 (b) Dechtorination ........................ 5 (c) Ozone .............................. 5 (d) Radiation .......................... 5 . __. 4. State of North Carolinao Department of Environment, dN IR Health an atura esources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes Preston Howard, , Secretary Jr., P.E., Director Mr. ALBERT F. MEYBOOM ROCKWELL GRANTIE COMPANY P. O. BOX 1129 TUCKER, GEORGIA 30085 Dear Mr. MEYBOOM: November 2, 1993 N.C, N 1T11rflrpr of ENVIR U'"13�11 r PAT_T?1 & t.1L, RESaURC'r?S Nov 0 4 1993 DIV1Slir"1 of "�Jin�"ir'.3t"�rslf tr'r'`ti G� i�lYr MO(}RESYlrli AEG(Ufi;1 U1IUf Subject: Application No. NCO083844 DIMEHSION STONE QUARRY Rowan County The Division's Pemuts and Engineering Unit acknowledges receipt of your permit application and supporting materials received on October 20, 1993. This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to Susan Wilson for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommentations regarding this discharge. If -you have any questions regarding this application, please contact the review person listed above. cc: X o svi lFRegional-Office Sincerely, CoIeen H. Sullins, P.E. Supervisor, Permits and Engineering Unit Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COWUNITY -DEVELOPMENT ENVIRONMENTAL MANAGEMENT -COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE•= SHORT FORM G FOR :o be filed oily by services, wholesale and retail trade, and other com* rcial establishments including vessels YEAR MD, DAY Do not attempt to complete this form without reading the accompanying instructions n .Please pri t.ortype I.' Nam.. address, and telephone number of-facility"producing discharge A. Name . �Oc JC�L1, i�Ah►�"C - Cam. - w S. Street address C. City - .- :L"'C k:a- _� 0. State to i E. County - njjA9_K-f_ 1'2-- LNR 'QV -AN CA�in1TY F. ZIP G. Telephone No. q 8 Area - Code APPL KAI I ON NUMI7F R o a 3 DALE RECLIVLA � � a 2. SIC rya (Leave blank) = 2:tz 3. Number of employees 4. Nature of business --- l�[M+Sao•�+ �ltOr�+b CJ4K�Y - '" r�,,f 5. (a) Check here if discharge occurs all yearl;, or.. v (b) Check the month(s) discharge occurs: 1. o January 2. 0 February 3.13 North . - ' 4.a Apri 1... S. a MAY • _ 6.a June 7..93July B.0August' 9.0 Septee� r' 10.00ttober 11. O November 12. D December . (c) How many days per week: , ,• °. 1 .0 1 . 2.0 2-3 3.G 4-5 4.jK6-7' 6. Types of waste water discharged to surface waters only (check -as applicable):j•'•". . Flow, gallons per operating day, Volume Volume treated before discharging .(percent) Discharge per operating day Q.1-999 i000-4999 5640-5999 10,00i1- 50'000 Hone Q.1-. 30- 65- 95- 49,999' or.more 29.9 64.9 94.9 100 {1) .(2) (3) (4) (S), (6) (7) (B) (9) (10) A. Sanitary., daily average 6. Cooling water, etc., daily average, C. Other discharge(s), daily average; Specify D. Maximum per operat- ing .day -for combined discharge (all types) 7. If any of the types of waste Identified in It" 6. either treated or un- treated. are discharged to places other' than surface craters, check belae as applicable. Waste water is discharged to: 0.1-999 (1) 1000-49" (2) 5000-9994 (3) 10.00049.999 (4) $0.000 or no. (S) A. Municitral cewr'r •�ysteiw !I, We'll ' r. ,el+tir tank D. Evaporation lagoon or pond x E. Other, speCify: B. Number of separate discharge points: A. al B.)(2-3 C. G 4-5 0.0 6 or more 9. Nan* of receiving water or waters QWC-) C,R+I_.Ic r 10. Ooes your discharge contain or is it possible for your discharge to contain one or more of the following substances as a'result of your operations. activities. or processes: aaeaonia. cyani�uminum. beryllium. caWuN. chromium. copper. lead. wercur nickel. selenium, zinc.,phemis.411 end grease.. and chlorine (reslduall. A.ayes no, I certify that I in familiar with-the'-informtion=contained in --the application and that to the best of my knowledge and.,bel ief such infomtion is twe. coallets. and , accurate, - " . A LAEtT F. MEY&WAA Printed Nave of Person Signing �i1ectiGn 660Lt.;G/.17- T1 tie . Date Applic tion•Signed _. 51�atu'r+i n7"71pp can . vorth Carolina General Statute 143-215.6(b) (2) provides that: Any person who knowingly make- my false stateme:nt-representat on, or cartif Lc&tlou any applicaticix.'record, report, plat )r other document files or required to be maintained under Article 21 or regulations of t'he .nviroamental Management Comtaisslou impleriana tng that Article, 'or who falsifies, tampers kit;, it knawly renders inaccurate ring- r6cording or t2daltolciuS- 4jrriee or ttethod required to be operated or maintained under ATI;Xals U.—oc ns regulatio•of the Environz� m utal Management Coib mplementi'ng that Article,' shall'be:'"tr••-:of a.misdemeanor -punishable by a -fine not to excee• 10,11nn, or by imprisonment nnot to, .cxcIad six months,.-ar by both. (18 U.S.C: Section 10.91 prn, punishment by a fine of'iiot more than $10,000 or imprisam III: not .tore than 5 years, or bat: ur a similar offense.) 0. r,;Aj elk el!" ... _ ;fit.. �. •��: r„�.-;,. % ° � /!�� lY ^ ��, \ � ///� � �. ' �1�����i //y/ryy�� � { '� f�ri,ll��_ .-1'_-/ ,n� � J� � y` µ��J / �'����✓/��i - - -.�k4r ='� �. �, 14 �� } .�° •}`� ° C `�.. ,� n , r� � ")���S'" -\�� f .��� � 'r �.``�1�'~-�_--/ -`5�;�5 (I( [ Illy r�o. �5 . i,} . JjV s-.�� � ��. `.��. i1 ] ° I ;;--�_ \• t� � � � • II )�(fJ r� )� _lam' +. �� f /f ; j) `� 1 • �� ,%'` , (y \, r ��Narerra/I / Ir� Il I�" 'iu (l `� _ �\ \l \, \\ ��•`] r,t0 f`�1 f�+e ta_\ '\� �1 'QO` \f +� SS \ t}l. l� '/ S 2 I rV•r .1 ��\-',''•�i�� `5 ,�, p R. .f• ,�J i j,'• •J. ` •�1 a �� `;,�;r._. -?7 �y . AN � 1��+ •+, /.- } � ^-",-�'7" i /:.�` ri / �� -' `�'1�•i*""4• .•��- uarry,�l 5 � �� ��'.e �° M \�� -�•-- �` bjo , /`�` J�r7 ;Quamrl' I� '1 \�I. 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I Permit No. NCG020000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES ) IVI S I ON OF IWI ROW4ENTAL MANAGEMENT GENERAL PERMIT TO DISCHARGE STORMWATER UNDER THE • NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143- 215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act as amended, All owners or operators of stormwater point source discharges associated with activities classified as Standard Industrial Classification Code 14 (mineral mining industry), except as specified below, including active or inactive mining operations (including Morrow 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 are hereby authorized to discharge to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters. The following activities and their associated stormwater discharges shall not have coverage under this General Permit: peat mining, coal mining, metal mining, atormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations, and oil and gas extraction operations. The General Permit shall become effective on September 1, 1992. The General Permit shall expire at midnight on A*agust 31, 1997. Signed this day July 31, 1992. A. Preston Howard,,Jr/., P.E., Acting Director Division of Environmental Management By the Authority of the Environmental Management Commission Permit No. NCG020000 PERMITTED ACTIVITIES Until this permit expires or is modified or rescinded, the permittee is authorized to discharge stormwater, overflow from facilities that recycle process wastewater, and/or mine dewatering to the surface waters of North Carolina after adequate treatment and/or management in accordance with an approved Mining Permit by the North Carolina Division of Land Resources, Land Quality Section, under the provisions and requirements of North Carolina General Statute (NCGS) Chapter 74, Article 7, or under the provisions of NCGS 74-67 for borrow pits. All discharges shall be in accordance with the attached schedules as follows: Section A - Final Limitations and Controls for Stormwater and Wastewater Discharges Section B - Minimum Monitoring and Reporting Requirements Section C - Schedule of Compliance Standard Conditions for General Permits Any other point source discharge to surface waters of the state is prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. All persons desiring to be covered by this General Permit must register with the North Carolina Division of Environmental Management (DEM) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any new discharge of stormwater, overflow from facilities that recycle process wastewater, or mine dewatering associated with a mining activity that has a point source discharge to the surface waters of the state or existing discharge of stormwater which will continue beyond October 1, 1992. The NOI shall contain a copy of -the valid mining permit for the mining activity issued by the Land Quality Section. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to the time the permit is needed or prior to October 1, 1992 for existing discharges of stormwater. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been rescinded. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be rescinded and coverage under this General Permit be provided. Permit No. NCG020000 PART SECTIONis ail le.► ►Q O►TR- •; STORELVAJER AUD WAUUMN8 1 ,I S � ■L . During the period beginning on the effective date of the permit and lasting until expiration, the Permittee Is aut!;orized to discharge stormwater, overflow from facilities that recycle process wastewater, and/or effluent from mine dewatering. Such discharges shall be controlled, limited, and monitored as specified below: 1. The Permittee shall implement Best Management Practices (BMPs) to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site of the sources covered by this permit. A BMP plan shall be developed in accordance with Part t, Section C of this permit for each facility covered by this general permit. 2. The Permittee shall implement management practices and the Erosion and Sedimentation Control Plan that are included in the mining permit which have been approved by the Division of Land Resources. The approved permit is considered a requirement or condition of this general permit. Deviation from the approved permit, or approved amendment to the permit, shall constitute a violation of the terms and conditions of this general permit. A signed copy of the Issued mining permit Including the approved Erosion and Sedimentation Control Plan and the Reclamation Plan shall be maintained on the site at all times. Once an area is released by the Division of land Resources in accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this permit. 3. Equipment utilized during the mining activity on a site must be operated and maintained in such a manner as to prevent the potential or actual pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on to the ground or into surface waters. Spent fluids shall be disposed of In a manner so as not to enter the surface or ground waters of the state and in accordance with applicable state and federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner so as not to allow their entry into the surface or ground waters of the state. 4. Above ground bulk storage of petroleum products and storage of Section 313 Water Priority Chemicals shall have secondary containment devices within the first 12 months of permit coverage for existing discharges and prior to beginning operations for new discharges to prevent leaks and spills from contaminating stormwater runoff. ° Page 1 of 24 Pages 5. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - MINE DEWATERING ANDrOR OVERFLOW FROM FACILITIES THAT RECYCLE PROCESS WASTEWATER. Mine dewatering and/or overflow from facilities that recycle process wastewater shall be limited and monitored by thepermittee as specified below: Total Flow1 Settleable Solids Turbidily2 Total Suspended Solids 3 Total Suspended Solids 4 ' Sample Locations: E - Effluent D Discharge Limltaflons Units fsoeclfvl Measurement Sample Sample' Mon�Avo. Daily Max. Freauencv I= Lizcal!on . E 0.1 ml/I 0.2 mill Monthly Grab E Monthly Grab E Monthly Grab E Monthly Grab E 1 Total Flow shall be continuous flow measurement. Alternatively, pump curves and pump logs may be used as a means to record flow. 2 Turbidity monthly average limitation: Trout waters 10 NTUs Non -trout lakes and all saltwaters 25 NTUs Freshwater non -trout streams 5o NTUs 3 Total Suspended Solids for Industrial Sand Mining shall be limited to a monthly average of 25 rrV and a daily maximum of 45 mg/l. 4 Total Suspended Solids for Phosphate Rods Mining shall be limited to a monthly average of 30 mg/l and a daily maximum of 60 mgA. BMP Conditions 1. The permittee shall utilize best management practices to ensure that contaminants do not enter the surface waters as a result of blasting at the site. 2. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any chemical additive for purposes of flocculation. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units In fresh waters, and shall not be less than 6.8 standard units nor greater than 8.5 standard units for salt waters, and shall be monitored monthly at the effluent by grab samples. (The pH for discharges Into streams designated swamp waters may be lower.) There shall be no discharge of floating solids or visible loam In other than trace amounts. 6. MONITORING REOU REMENTS - LAND DISTURBING ACTIVITIES. Stormwater discharges from any disturbed areas during land grading operations (except for sand and gravel mining operations) shall be monitored by the permittee as specified below: N Stormwater Discharge Units Mho tjtorigyRaquirementa Characteristics Measurement Sample Sample Frequency I= Location Total Suspended Solids mg/I once/year Grab SDD Settleable Solids ml/l once/year Grab St7D Turbidity NTUs once/year Grab SM pH Standard once/year Grab SOD 'Sample Locations: SDO - Stormwater Discharge Outfall Total precipitation and duration of the event measured shall be a representative storm event. Storm Event' units Monitoring Requirements Chargoerla t Total Event Precipitation Inches once/year Event Duration hours oncelyear T. Monitoring Requirements - Vehicle Maintenance Activities. Stormwater discharges from any vehicle maintenance activity occurring on -site which uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall be monitored by the permittee as specified below: Stormwater Discharge Monitoring BegluiraMeoll Chararidarislici Measurement Sample Sample Fr2gugo.cxl I= Lg�ajjo 2 Total Flow3 Ma 3/term SDO Oil and Grease mg/l 31term Grab SDO Lead, Total Recoverable4 ug / I 3/term Grab SDO Detergents (MBAS)5 mg/I 3/term Grab SDD pH Standard 3/term Grab Si70' New motor oil usage gallons/month 3/term Estimate w 1 Measurement Frequency - 3/lerm - shall mean stormwater runoff associated with vehicle maintenance activity on -site. Existing facilities shall be M sampled once within six months of certificate of coverage issuance and, where possible, prior to implementing BMPs and development of the BMP Plan ,p at existing operations. Thereafter, sampling shall be conducted two times during the remaining permit term at Intervals of greater than eighteen o months apart and collected during the months of April through November. M' � 2 Sample Locations: SDO - Stormwater Discharge Outfall b 3 Total flow shall be measured continuously or calculated based on the a,riount of area draining to the outfall, the amount of built -upon area, and the total 0 amount of rainfall or estimated by the measurement of the flow at 20 miriute Intervals during the rainfall event. Total precipitation and duration of the event measured shall be a representative storm event. 4 Applies only for facilities at which fueling occurs. SDetergent monitoring Is required only at facilities which conduct vehicle cleaning operations. ,o m Storm Event, Monitorfna Requirements Characteristic b rt Total Event Precipitation Inches 3/term Event Duration hours 3/ierm ° 0 c� 0 N O O 0 Permit No. NCG020000 Part l Section B: MINIMUM MONITORING AND REPORTING REQUIREMENTS (unless otherwise approved In writing by the Division of Environmental Managemerc.) 1 . All erosion and sedimentation control facilities shall be Inspected by or under the direction of the permittee at least once ever; sever. calendar days and within 24 hours after any storm event that results in a discharge of runoff of stormwater from the site. 2. Stormwater runoff discharges shall be inspected by visual observation for color, foam, outfafl staining, visible sheens and dry weather flows at the above frequency to evaluate the effectiveness of the stormwater control facilities or practices. if any visible off -site sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. 3. The permittee shall keep a record of inspections. Visible sedimentation found off the site shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to clean up the sediment that has left the site. This record shall be made available to DEM or authorized agent upon request. 4. A log of the sampling data and of activities taken to Implement BMPs associated with She vehicle maintenance activities shall be maintained and incorporated into the BMP Plan. 5. A log of the sampling data and of activities taken to implement the BMP Plan shall be kept on site for the duration of the permit term and made available to the Director immediately upon request. 6. For purposes of the stormwater sampling required in this permit, all samples shall be collected from the discharge resulting from a representative storm event (See Part II, Standard Conditions, Section A). Samples shall be collected at intervals not less than one year apart. If the stormwater runoff is controlled by a detention pond, the following sampling requirements apply: (a) It the detention pond detains for 24 hours the runoff generated by one inch of rainfall, a grab sample of the discharge from the pond shall be collected within the first 30 minutes of discharge. (b) If the detention pond discharges only in response to a storm event exceeding a ten year design storm (See Part II, Standard Conditions, Section A), visual observations of the discharge for color, foam, outfall staining, visible sheens and dry weather flows, are required but analytical sampling shall not be required. (c) If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. 7. The analytical results of samples analyzed in accordance with the terms of this permit shall be submitted on forms provided by the Director no later than January 31 for the previous year In which sampling was required to be performed. Page 5 of 24 Pages Permit No. NCG020000 Section C: Schedule of Compliance 1. The permittee shall comply with Final Limitations and Controls specified for stormwater discharges in accordance with the following schedule: For the vehicle maintenance activities: a. Develop and implement BMP's and .stormwater controls, as appropriate within the first 12 months of permit coverage, at existing operations. b. Develop and implement BMP's and stormwater controls, as appropriate, prior to beginning mining operations at new operations. For the land disturbance activities: a. Implement BMP's and stormwater controls, as appropriate on the effective date of permit coverage, at existing operations. b. Develop and implement BMP's and stormwater controls, as appropriate, prior to beginning land disturbance activity at new operations. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the perm stormwater controls at optimum efficiency. Page 6 of 24 Pages Permit No. NCG020000 PART II STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, .33 USC 1251, et. seq. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the Individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the Individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the Individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. ._.-U%W411110,76 Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 1• s The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. The rainfall runoff from or through any coal storage pile. Page ? of 24 Pages Permit No. NCG020000 The Division of Environmental Management, Department of Environment, Health and Natural Resources. 8. Director The Director of the Division of Environmental Management, the permit issuing authority. The North Carolina Environmental Management Commission. Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Lgirldfi(j A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. .- . ,�-• a ►'•- --- - -ut tt All municipal separate storm sewers that are either: a. Located in an incorporated place with a population of 100,000 or more as determined by the Decennial Census by the Bureau of Census; or b. Located in the counties with unincorporated urbanized populations of 100,000 or more, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or C. Owned or operated by a municipality other than those described in paragraph (a) or (b) and that are designated by the Director as part of the large or medium separate storm sewer system. 13. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring surface materials that are not disturbed by mining operations. 14. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. Page 8 of 24 Pages Permit No. NCG020000 Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). The flow of water which results from precipitation and which occurs Immediately following rainfall or as a result of snowmelt. The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries Identified in (a) through 0) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes- only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by- products, or industrial machinery are exposed to stormwater: Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, Intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)- (k)) Include .those facilities designated under 40 CFR 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity: a. Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N Parts 400 - 471 (except facilities which are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267). 28, 29, 30, 311, 32, 33, 3441, 373; C. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR Page 10 of 24 Pages Permit No. NCG020000 -. . Dim ! - • - Any discernible, confined and discrete conveyance, including but specificZily not limited to, any pipe,- ditch, channel, tunnel, conduit, well, discrete fissure, conta,ner, rolling stock, or concentrated animal feeding operation from which pollutants I are or may be discharged to waters of the state. •A storm event that is between 0.2 and 0.8 inches of rainfall and which has a duration of greater than 3 hours and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. Containment for the contents of the single largest tank plus sufficient freeboard to allow for precipitation. A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and C. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table Ill (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. M .,3111111I, Includes, but Is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Page 9 of 24 Pages PiBrmit No. NCGO20000 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact 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; inactive mining operations are mining sites that are not being actively mined, but which have an Identifiable owner/operator; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. - Landfills, land application sites, and open dumps that receive or have received any Industrial wastes (waste that is received from any of the facilities described under this definition) Including those that are subject to regulation under Subtitle D of RCRA; f. Facilities involved in the recycling of materials, including fnetal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those. classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, including coal handling sites; h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or .airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with Industrial activity; i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; j. Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)- 0) of this definition). NOMMEWT-IN MT 914117.i •u1 The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equalled or exceeded, on the average, once in ten years. Page 11 of 24 Pages Permit No. NCG020000 25. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the sue of the area draining to the outfall, the amount of the built -upon surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. », '. -1 Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 27. Iynes of Samaies a. Grab samples are individual samples collected instantaneously. b. Composite Sample: a composite sample shall mean: (1) A flow -weighted composite sample, which is a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge at the time the sample is collected; or (2) A time -weighted composite sample, which is a mixture of equal volume aliquots collected at a constant interval of time. A composite sample can be obtained from the collection of a series of grab samples, taken at intervals of no greater than 20 minutes. The grab sample to be composited must be of no less than 100 milliliters. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 29. Waste Pile Any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. MIA tali 11JUM1411 The maximum 24-hour precipitation event expected to be equalled or exceeded, on the average, once in 25 years. Page 12 of 24 Pages Permit No. NCG020000 The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage renewal application. a. . The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even If the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition Is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or falls to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in general permit conditions on 'Bypassing" (Part 11, C.3.). nothing in this general permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such Page 13 of 24 Pages Permit No. NCG020000 as fish kills, even though. the responsibility for effective compliance may be temporarily suspended. nNEWOM:M• ..WM•. • -3. M-111.• Nothing In this general permit shall be construed to preclude the Institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee .Is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee Is responsible for consequential damages, such as fish, kills, even though the responsibility for effective oompliance may be temporarily suspended. ••-AR : -T, The Issuance -of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. �-Y�R3•fi71� The provisions of this general permit are severable, and If any provision of this general permit, or the application of any provision of this general permit to arly circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. ��iTiiii7- . • - t . �� . ,, The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general permit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. An expired general permit continues in force and effect until the general permit is reissued or a new general permit is issued. Only those facilities authorized to discharge under the expiring general permit are covered by the continued general permit. .� .�1749MAR The certificates of coverage issued under a general permit shall continue in force and effect until the general permit Is revoked or terminated. Page 14 of 24 Pages Permit No. NCG020000 a. All notices of intent to be covered under this general permit shall be signed as follows: (1) For. a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with oorporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or . (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having 'responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. G. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Page 16 of 24 Pages Permit No. NCG020000 After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and relssuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an Individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required Include, but are, not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual permit is required. 12. When -an lndivjaual Permit may FlppueStp4 Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an Individual permit is issued to an owner/operator the applicability of this general permit Is automatically terminated on the effective date of the individual permit. •I. T :-. -u-1 All applications, reports, or information submitted to the Director shall be signed and certified. Page 15 of 24 Pages Permit No. NCG020000 •r• f I 9W I M . -I U70-a♦ s' W -1 • 11 I I1- •1 The 'issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, .Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. at. The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. MEMMUMM-We .1 :!. i,_ ! -1.Me- The It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Bypassing of Stormwater Control Facilities a. Definitions (1) "Bypass' means the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Page 17 of 24 Pages Permit No. NCG020000 C. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, If possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 11, E. S. of this general permit. (24-hour notice). d. ' Prohibition of Bypass (1) Bypass is prohibited and the Director may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention -of stormwater or maintenance during normal periods of equipment downtime gr dp Walter. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 4. upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, Is final administrative action subject to judicial review. C. Conditions necessary for a demonstration of upset. Page 18 of 24 Pages Permit No. NCG020000 A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: S. (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 5. (b) (B) of this general permit. (4) The permittee compiled with any remedial measures required under Part Il, A. 2. of this general permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. I. ore �,t�' a Samnlina Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken at the monitoring points specified in the certificate of coverage issued pursuant to this general permit and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water, or substance. Monitoring points shall not be changed without notification to and approval of the Director. Duplicate signed copies of all reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626.0535 Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Page 19 of 24 Pages Permit No. NCG020000 Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the Intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels that are below the general permit .discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below general permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this general permit, for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement, sample, inspection or maintenance activity performed or taken pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and The results of such analyses. Page 20 of 24 Pages Permit No. NCG020000 The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with the general permit requirements. 3. Trgnsfers The certificate of ooverage Issued pursuant to this general permit Is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. nNEMET, • I■ : •.•MA Monitoring results shall be reported at the intervals specified elsewhere in this general permit. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and Its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (B) Any upset which exceeds any effluent limitation In the general permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. C. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition it the oral report has been received within 24 hou rs. The permittee shall report all instances of noncompliance not reported under Part ll. E. 4 and 5. of this general permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. S. of this general permit. Page 22 of 24 Pages Permit No. NCG020000 .I :I• a MA !1, The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or In the case of a facility, which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. 'Enter upon the permittee's premises where a regulated facility or activity Is located or conducted, or where records must be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. r The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the general permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). Page 21 of 24 Pages Permit No. NCG020000 Where the permittee beoomes aware that it failed to submit any relevant facts in a notice of intent to be covered under this general permit or in any report to the Director, It shall promptly submit such facts or information. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section .308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public Inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than twQ years per violation, or by both. Part III OTHER INFORMATION A. Limitations Reopener This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, it the effluent guideline or water quality standard so issued or approved: 1 . contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or 2. controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 23 of 24 Pages Permit No. NCGO20000 } PART IV ADMINISTERING ANRUIREMEN OMPLIANCE MONITORING FEE A The permittee must pay the administering and compliance monitoring fee within 30 thirty) days aftbilled er Failure s the fee in timely anner In accordance NCAC H0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. J Page 24 of 24 Pages UNSETTLING: Ken Austin holds jars of water he took from his creek. Dust continues to be suspended in the water after a long time. Austin disputes the quarry's claim that more sediment basins will get rid of the dust particles. Relationship on the rocks Neighbor says quarry violating water pollution laws, state drag- ging its feet BY WESM YOUNG SALISBURY POST Ken Austin says it's bad enough that the quarry near his house is in violation of state water -quality laws. What's worse, he says, is that he can't get the state to enforce its own rules. State regulators take a different view. They say they're working to make RckpkweltOtaxmte- obey the regulations and suggest that Austin be more patient. Both agree that Rockwell Granite is break- ing the standards that regulate how much quarry dust can wash off the property into a stream. In fact, regulators say, the water is carrying more than 10 times the concentration of dust that state rules allow. "We are trying to come up with a solution to address the water quality," said Doug Miller, with the state's environmental office in Mooresville. The quarry sits behind Austin's property and the property of his mother-in-law, Jane Deal. Talk to Austin, and you realize the problem isn't'just the water. "I've got noise; I've got water, I've got all kinds of problems," Austin said. "The creek behind our house runs white from the water that they discharge on our property." > See Quarry, Page 7A WHITE WATER: Ken Austin examines a creek near his h the Rockwell Granite Company. Regulators say the water concentration of dust that state rules allow. "I've got not of problems," Austin says. "The creek behind our house discharge on our property." ■ :rtnersn.:p sn caucanon Provtu11% JLLLUGilW VVILil mosi up-to-date text book there is - the daily vspaper. Students improve reading and compre- ssion skills as well as classroom interaction. set .'involved in education. Call Anne Cote Oman at the Salisbury,Post's Newspaper in ucation Department 704-633-8950 to find out ov you can form a "Partnership in Education". OF U --STOCKS I a, Div PE Last Cho 1,16 19 421Y1a +W +4.6 128 25 11115/16 ♦ Vm +4.1 .12t 44 871hs +Y2 +15.9 1.941 17 44V2 +6.0 M 19 20W16 -3/is +14.2 87/4 -1/16 +14.5 14 16 20114 +1/4 +1.3 .361 37 3711/16 +3/4 +28.6 1.481 19 57% -V2 +12.0 .46 32 24V2 -1/s +19.1 .15f 28 loll/* -1/1s +29.5 '151 28 10% -Y2 +25.9 1.771 17 87�W +1ha +12.7 .96 23 22V2 ... -14.5 M 34 70% -V4 +48.1 .80 20 37% - 6/% +23.4 4.56 ... 806/16 +6.6 _481 17 55566 +1/16 +14.5 whether the rem- 1n money was effective. land told commissioners norning that the plan issioners adopt should to school board a regular g formula and stop an- equests for extra spend - le complained that the board, by upping the :ional ante, was violating rinciple. :ry year at this time we sing to get beat up for noney," Rowland said. "I it the whole purpose was 13 this bickering." lnt argued that the point plan was different: To he lack of funding from g as an excuse for poor :ores. nmissioner Frank ck said both boards i build support for -the 1 it sales tax that com- ►ners see as the way to >r new school buildings. Rowland predicts the reneral Assembly will not Lllow the county a chance e on the issue. 10e10 0CAL INTEREST YTD Refs» Div PE Last - %Chp Oakwood .04 21 38V4 -7/16 +153 P*dNG 1.3of 18 3313/1s +W -6 9 Pdowtex .E4 61 44% +7h +28 0 Rex Store .. 16 14Y2 +11/4 +415 Rowan% 1.00 17 21lh ... +24 6 Ruddick .32 18 18114 +4.7 RyanF 11 91/16 -1h +5.8 SmlocoP .72 41s/16 -1/W +191 sthStrf s .40a 25 12 -48 30 267h - 5/1s +8 3 sw*StB .46f 25 203/4 -65 TeleSpec 61/2 -W +79.3 Univfor .071 18 167/s alms +23.9 V7 klm 2.081 18 1101h +7h +7.8 Wachma 1.76 21 83% +-% +3.1 WsIAtias s 48 7815/16 -11/n +8 7 WinW 1.02 35 503/16 -1/16 +14 9 Quarry From Page 1A Austin said the noise is "ter- rible - like jet airplanes all the time" - until 10:30 at night at times. He says he would like to shut the quarry down, but if he can't do that, he wants it to abide by the water -quality rules. Austin has hired an attorney to press his case with the state, but no legal motions have been filed. The quarry is in the process of adding more sediment basins in hopes of reducing the amount of dust in the water. But Austin says the work has encroached on a buffer zone required in the county's mining permit. He's contemplating legal action to stop the state from changing the mining per- mit to accommodate the com- pany's plan. "The permit is a well -written document, if I can just get the state to enforce it," he said. Austin complains that the state has allowed the quarry more time to correct problems than was set forth in a notice of 1,840.83 1,194-16 Composite 1,621.31 -2.31 -.13 +15.98 +49.08 1,113.07 733.54 S&P 500 1,09652 4.1.08 ♦.10 +12.99 +44.83 Value Line A7itt1 +10.98 1-year T43111 ... -1.46 Band Wryer WAn kbK +.19 ... kiertin Lynch W -3.04 0.1 Commod Fuwres ... -1.04 52b roolR actlaesi epeal. 8tod� in' I IimK Sio6ka nra " annual &Mer d ra3e paid cri a0ook (Oily or si� ftl* � a"" tBkie N000 Ybfk i" lc+a hal10, tl+s /t]0 molar ea6 sin fella An1fq tw ft* 1lt fro kvxk am 1,115 1fasla bf r LW aq t� AAR 46 1214 ACMM W AO 7W 1,1a +ty ACM ACM Sc- 1.10 " -N , • 6im' Mad 8116 4•�7 J,� �:, r' 1 r i ,,+5+ _ ,fir'' NowsoCJq ! l+lot essflt vekie; OrVkM at wtkft #fnd jag! Bo„ p 9.49 -.01 -. ft 2ft nW dW _ in t118 NAV, _' - _ g = �'. - CaG p 14.47 -.03 ) - -..c YYFBtl 10.49 -.01 s -- fNeca Pae,aal� m PlE prrdr blare W fr1= Lou in UN 12 ar r. d 'tier 52 "; . c h bs duleq lradrp dry. fJhlidend in Carladho t Sax* prk* 1n USA, R Iwo b Past S2 Wks. q -� narard U4110 PE aalnamed a -SPE or alaclk dl Wand d 25 pp ar more in taef f12 wks. CYr boone rlml deli of spR or a0a dtrfdrre. u- Now 52-wk few dLAV h^9 mx v-Twerp famed on pri. A1�y 1RSAkd, Lfraeu nobd dmdww rams w ww wl di�rrrawaer I based an km dKiara•oR pf - Pr�errad. 1P - also irrWM a•r s) d purrtMee tprl0�s. A - RVft 4n _ WIL wd --VAwn dipsbutad wt - When Iswd. wl - .6amdsfl0 !bs•ocge a - Aw 1pera or iiio . b-cANrar1 am Mtn rook Odlisnd C - LIle dikkird, e.-' Oscirad oc. paid in prase ft 12 nm.1-Alen riW Irlaaased 0n Md dedrason. I - Declared a paid after smd Amderrtl a sptk k -AIW iNi f wr. dMprfd onlllyd de4nad or rro acpOrk >skan ar IMt resw{fnp. k - Dodam d crpaid Oas yaar. amtslxlalh a ions .elder ANdelda in anwe.' a -Arend aft foax d an moor dedrakm. p = lase dv, anew` si 1a� tararoa> t ter 0a0fered a paid in praco*q 12 race Okla slosh d►Ido%L r - Paid in slodk M 1Yf 12 alok sab- lsslmed cash v" on "Odrld or dWVbL150n dais x - irsdwidisM or serlyfr0e. q - Ekedaletisnd sr,d salse In *A x - Gain IR hi N - In bay* l pky or aiaAlenIl or batllp nomad larder the SwAil,,4" Aa6 or s muftes mmarled try arch aarrpa+rrt r $ 7- ; ;, sa><vs slacks flbpWa r11u1m be lroifh 6,1 silts violation issued by the state earlier this year. And Austin maintains that more sediment basins won't get rid of the dust particles. He has a jar of the stuff that's been sitting around for a long time, he said, and it still has dust particles floating. Samar Bou-Ghazale, an en- vironmental engineer with the state's water -quality section in Mooresville, promises his agency won't let up until the quarry comes into compliance with the rules. Testing the stream, Bou- Ghazale found the dust concen- tration drops down to an accep= table level within half a mile downstream of the discharge point. Until it drops to low levels, he said, the water quali- ty can have a bad effect on water life. `Everything takes time," Bou-Ghazale said. "Because he (Austin) is an immediate neigh bor, he wishes it can be speed- ed up a little bit." -Albert Meijboon, the geol- ogist for the quarry, said he didn't want to debate Austin in the newspaper. But he said the company is trying to improve sedimentation controls. "We try to keep the water longer on the property to im- prove the settling," Meijboon said. The water downstream falls under the water -quality branch of the'state environmental of- fice, while the sediment basins and other mining operations fall under land quality. Doug Miller, with the land - quality section, said weather prevented the quarry from meeting the original deadline for improvements, so his office extended the deadline. Miller said the state and quarry officials still must re- solve questions about the buf- fer zone and the effectiveness of the sediment basins. "It is not being done the way he (Austin) wants it done, but we are working," Miller said. Dow up in early going ASSOCATEo PRESS At 10 a.m. on Wall Street, the Dow Jones industrial average was up 7.72 at 8,803.80. Broad - market indexes were also high- er in early trading. A k r