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HomeMy WebLinkAboutNCG020560_COMPLETE FILE - HISTORICAL_20050207- STORMWATER-0IVISION CODING SHEET - RESCISSIONS PERMIT NO. CJ DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ �W� naV YYYYMMDD Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 7, 2005 Hazel Stotesberry Stotesberry Mine POBox 3 Swanquarter, NC 27885 Subject: NPDES Stormwater Permit Coverage Renewal Stotesberry Mine COC Number NCG020560 Hyde 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. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. 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 new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater • Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division 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. If you have any questions regarding this permit package please contact Jonathan Diggs of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.537. Sincerelv. for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Washington Regional Office North Carolina Division of Water Quality 1611 Mail Service Center Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 NonrihCarolina Phone (919) 733-7015 Customer Service FAX (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% 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. NCG020560 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, Stotesberry Mine is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Stotesberry Mine PO Box 144 Swan Quarter Hyde County to receiving waters designated as Unnamed Canal, a class C. Sw stream in the Tar -Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, Ili, 1V, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 2 F�Are90 Permit Coverage Certificate of Coverage Number ` Rescission Request Form NCG020560 National Pollutant Discharge Elimination System General Permit NCGO20000 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections as necessary in the space provided to the right of the current information. Please fill out and return this form only if you no longer need to maintain your NPDES stormwater permit. Facility Information Facility Name: Stotesberry Mine Facility Physical Address: PO Box 144 Swan Quarter, NC 27885 _ �- T• _ r __ �_ Facility Contact: Mailing Address: Phone Number: Please Indicate Your NC Division of Land e rs anif riill�Yf.. Permit Information Permit Contact: Mailing Address:* } ; .° SEP 3 2004 »� Phone Number: DENR — WATER OUALITY Fax Number: i POINT SOUsRCE BRANCH ?x'? * This is the address to which the permit rescission notice will be mailed .,." Reason for rescission request (this is required information): REQUEST AND CERTIFICATION I, as an authorized representative, hereby request rescission of coverage under NPDES Stormwater General Permit NCG020560 for the subject facility. I am familiar with the information contained in this request and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Print or type name of person signing above Date Title Please return this completed rescission request form to: SW General Permit Coverage Rescission Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director March 23, 2001 Mr. Jerry Stotesberry William Stotesberry Dragline 11.0. Box t44 Swanquarter, NC 27885 Subject: General Pen -nit No. NCG020000 Stotesberry Mine COC NCG020560 Hyde County Dear Mr. Stotesberry: In accordance with your application for discharge permit received on February 16, 2001, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general, permit. This permit is issued pursuant t6 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 samph' g .requirements. contained in this permit are unacceptable to you, yow.have the rightl to request an individual permit by submitting an, individual pennit,application_ Unless such demand is made, this certifcate of coverage shall -be -final and binding: Please take notice that this certificate of coverage is not transferable except after notice to'the Division of Water Quality. The Division of Water Qualiiy may require modification or revocation and reissuaLe 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 Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Ms..Delonda Alexander at telephone number 919/733-5083 ext_ 584. Sincerely, nv Kerr T. Stevens cc: Washington Regional Office Central Files Stormwater and General Permits Unit Files 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 In STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020560 STORMWAI'ER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS 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, JERRY STOTESBERRY 'is hereby authorized to discharge mine dewatering from a facility located at Stotesberry Mine P.O. Box 144 Swanquarter, North Carolina Hyde Couniy to receiving waters designated as an unnamed canal, class C Sw waters, in the Tar -Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, It, III, IV. V, VI and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective March 23, 2001. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 23, 2001. W.WN v. y+:1 C Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission -m. ._ ^ y � _ ,t � •,°� � '�+�.. 1 -'�-� � by r - d}� Y tz �,I r � ?r, t ., l '' s n, �',y�,. ,', -r� � t _Y.y '' r43st1 �.z.eh tiC�i '""'.tF•��-y��i �.�.�.aM �,� F t -^�ti r. � �"`Y •�S9 ,a:.u�r �^ iir. sV! '1i"1�4 .rvt'.SJylt,.�%^ T�'�� ��-�I'rl �. 4., + r' +•. :. "v_ i ..gay_ rn� "��� STOTESBERRY MINE .= �' �, rs'' r.� ff •'�'.�, ,, t '� ; .. � "• '¢nqu�rtcr;,.0 i. ! �: _ �„.�• oe Tiny 00 `t! / �_ �,{� ,'�.,� M Jay 1 ,� • r�r ,� `•.,,`1.. 5,� �� �,�i .� � .\ � y., �4 , t. •'tl -nSu_A!•i11llAKTY;t !^'• ,. � {-)S;- '�� `' 7 �fyr��• Y r k, �zy-•i- - *<yb." f t'`�,.-, �`"�' { ; rt� �"� ,p5•`H� f "x� �'^n7G". x� .J 4t t � I y...•-r y`~Y zct � r � r `' % f ;'�.«- 1 tom. � �-- ,.� •\ � # �"i c •n,`~-� � ;{ i,� 1 � .� �. °"� _"` l `"`._ qti • %• ^ • _-, e_ I ' '1 K - ; �.� '.�` `\ �, iir'2�d�Yr R ^� ,� � � w' � ' •„3 • �1i rry , -' � ��• � �! �r r '••� J: � �`w -� 't I _ .� � � ;il;� j � ; �L lilt„ y I i:� r _,,Ar j t Y �.•.• _ ° i o.P.�i�ht(17-laapit, 6,.6. l i Latitude: 350 25' 34" Longitude: 76° 18' 20" USGS Quad #'. F33NE (Swaiiyuarter) River Basiri #: 03-03-08 (Tar Pamlico) Receiving Stream: Unnamed Canal Stream Class: C Sw Stotesberry Mine P.O. sox 144 Swam Quarter, Hyde County NCG020560 l/C7,oZ05&0 North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist March 21, 2001 Mr. Jerry Stotesberry William Stotesberry Dragline Service P.O. Box 3 Swan Quarter, North Carolina 27885 RE: Permit No. 47-08 Stotesberry Mine - Hyde County Pamlico River Basin Dear Mr. Stotesberry: NCDENR Division of Land Resources Your application for modification of the above referenced mining permit has been approved. The modification is to allow dewatering activities at the site as indicated on the mine map dated February 7, 2001, with the stipulation that any necessary approvals shall be obtained from the Division of Water Quality and the Division of Water Resources prior to conducting said activities. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by modification request and as required to ensure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage and affected acreage for this site are both 24.04 acres, as indicated in the application and on the mine map dated February 7, 2001. Lana Quality Section (919) 733-4574 Fax (919) 733-2S76 Geological Survey Section (919) 733-2423 Fax (919) 733-0900 1612 tiTail Service Center, Raleigh, worth Carolina 27699-1612 Division of Land Resources (919) 733-3833 Fax: (919) 715-SS01 AN EOIJAL OPPORTUNITY 1 AI:F1Rfv1A'1'IVE ACTION EIIIPLOYER — 50% RFCYCLED ! 10% POST CONSUMER PAPER t Mr. Stotesberry March 21, 2001 Page 2 Please review the modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sinc ely, Tracy E. avis, P.E., C.P.M. State Mining Specialist Land Quality Section TE Dljw Enclosures cc: Mr. Floyd Williams, P.G. Ms. Monika Sharma-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures z DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: ,terry Stotesberry DBA William Stotesberry Dragline Service Stotesberry Mine Hyde County - Permit No. 47-08 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enfo.rcement procedures authorized by law. Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. This permit has been modified to allow dewatering activities at the site as indicated on the mine map dated February 7, 2001, with the stipulation that any necessary approvals shall be obtained from the Division of Water Quality and the Division of Water Resources prior to conducting said activities. This permit shall be effective from the date of its issuance until February 8, 2009. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING C ONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the sediment basin. C. Mining activities, including dewatering activities, shall be conducted as indicated on the mine map dated February 7, 2001, with the stipulation that any necessary approvals shall be obtained from the Division of Water Quality and the Division of Water Resources prior to conducting said activities. 5. All mining permit boundaries (24.04 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. in Page 4 9. Sufficient buffer (minimum of 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on -site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior_tQ commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. Page 5 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $16,900.00 Irrevocable Standby Letter of Credit is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. . C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. Page 7 3 4. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Species Kobe Lespedeza Bahiagrass Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarifed) German millet Rye (grain- temporary) Rate, Lbs/Acre 10 50 1 15 50 30 40 120 Lime- 2000 lbslacre or follow recommendations from a soil test. Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued February 8, 1999, is hereby modified this 19th day of March, 2001 pursuant to G.S. 74-52. Bv� N Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources